Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF Purple Fete LLC, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”, "taste56") AND THE INFORMATION ON IT ARE CONTROLLED BY TASTE56 LLC. TASTE56 LLC PROVIDES THE WEBSITE AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), FOR USERS TO BROWSE AND PURCHASE CERTAIN PRODUCTS MADE AVAILABLE BY taste56 (“PRODUCTS”). YOUR USE OF THE SERVICES IS ALSO SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES THAT WE SEPARATELY POST ON THE WEBSITE OR PROVIDE TO YOU, AND ANY AGREEMENTS THAT YOU HAVE SEPARATELY EXECUTED WITH taste56 (“SUPPLEMENTAL TERMS”). THE TERMS OF USE AND ANY APPLICABLE SUPPLEMENTAL TERMS ARE REFERRED TO HEREIN AS THE “AGREEMENT.” THE AGREEMENT GOVERNS THE USE OF THE SERVICES AND PURCHASE OF PRODUCTS THROUGH THE SERVICES, AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE. BY ACCESSING OR USING THE SERVICES IN ANY WAY, COMPLETING THE REGISTRATION PROCESS, PLACING AN ORDER FOR PRODUCTS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH taste56, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR, IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES IN ANY MANNER.

PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, WHICH MAY INCLUDE, WITHOUT LIMITATION, VIA E-MAILS AND TEXT MESSAGES.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY taste56 IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, taste56 will make a new copy of the Terms of Use Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. Any changes to the Agreement will be on the posted “effective date” for previously registered users and will be effective immediately for all other users of the Website and/or Services, including all new users. taste56 may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. SALE OF ALCOHOLIC BEVERAGES. taste56 does not sell alcohol to persons under the age of 21 and endeavors to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Website and/or Services, you are representing that (a) you are over the age of 21 and (b) the person receiving a shipment of alcoholic beverages from taste56 is over the age of 21. Persons under 21 are prohibited from providing personal information through our Website and/or Services. You also agree that any alcohol purchased from taste56 is intended for personal consumption and not for resale. Those who choose to access the Website and/or Services from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 1. SALE OF ALCOHOLIC BEVERAGES. taste56 does not sell alcohol to persons under the age of 21 and endeavors to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Website and/or Services, you are representing that (a) you are over the age of 21 and (b) the person receiving a shipment of alcoholic beverages from taste56 is over the age of 21. Persons under 21 are prohibited from providing personal information through our Website and/or Services. You also agree that any alcohol purchased from taste56 is intended for personal consumption and not for resale. Those who choose to access the Website and/or Services from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

2. USE OF THE SERVICES AND taste56 PROPERTIES.

2.1 The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (each, a “taste56 Property” and collectively, the “taste56 Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, taste56 grants you a limited license to reproduce portions of taste56 Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by taste56 in a separate license, your right to use any and all taste56 Properties is subject to the Agreement. You may not distribute, retransmit, republish, reuse, re-post, or use the contents of this website for public or commercial purposes, without taste56’s prior written permission.

2.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit taste56 Properties or any portion of taste56 Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other taste56 Properties (including images, text, page layout or form) of taste56; (c) you shall not use any metatags or other “hidden text” using taste56’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of taste56 Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of taste56 Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in taste56 Properties. Any future release, update or other addition to taste56 Properties shall be subject to the Agreement. taste56, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any taste56 Property terminates the licenses granted by taste56 pursuant to the Agreement.

3. REGISTRATION.

3.1 Registering Your Account. In order to access certain features of taste56 Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”).

3.2 Registration/Transaction Data. In registering an account on the Website, placing any order for products through the Website or Services, or otherwise initiating or completing any transaction through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the applicable form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using taste56 Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors or anyone younger than the minimum legal drinking age in the applicable jurisdiction, and you will accept full responsibility for any unauthorized use of taste56 Properties or any Products purchased through the Services by minors or anyone younger than the minimum legal drinking age in the applicable jurisdiction. You may not share your Account or password with anyone, and you agree to (y) notify taste56 immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or taste56 has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, taste56 has the right, among other things, to suspend or terminate your Account, decline your transaction, and/or refuse any and all current or future use of taste56 Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. taste56 reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use taste56 Properties if you have been previously removed by taste56, or if you have been previously banned from any of taste56 Properties.

3.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of taste56.

3.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to taste56 Properties, including but not limited to, a mobile device that is suitable to connect with and use taste56 Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing taste56 Properties.

4. RESPONSIBILITY FOR CONTENT.

4.1 Types of Content. You acknowledge that all Content, including taste56 Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not taste56, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through taste56 Properties (“Your Content”), and that you and other Registered Users of taste56 Properties, and not taste56, are similarly responsible for all Content that you and they Make Available through taste56 Properties (“User Content”).

4.2 No Obligation to Pre-Screen Content. You acknowledge that taste56 has no obligation to pre-screen Content (including, but not limited to, User Content), although taste56 reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that taste56 pre-screens, refuses or removes any Content, you acknowledge that taste56 will do so for taste56’s benefit, not yours. Without limiting the foregoing, taste56 shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

4.3 Storage. Unless expressly agreed to by taste56 in writing elsewhere, taste56 has no obligation to store any of Your Content that you Make Available on taste56 Properties. taste56 has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of taste56 Properties.

5. OWNERSHIP.

5.1 taste56 Properties. Except with respect to Your Content and User Content, you agree that taste56 and its suppliers own all rights, title and interest in taste56 Properties (including but not limited to, any text, content, images, code, themes, objects, concepts, artwork, animations, sounds, musical compositions, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any taste56 Properties.

5.2 Trademarks. taste56’s and/or any third party names, logos, service marks and trade names used on or in connection with any taste56 Properties or in connection with the Services are the trademarks of taste56 or the applicable third parties and may not be used without permission in connection with your, or any third-party, products or services.

5.3 Your Content. taste56 does not claim ownership of Your Content. However, when you as a Registered User submit Your Content to taste56, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

5.4 License to Your Content. Subject to any applicable account settings that you select, you grant taste56 a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing taste56 Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not taste56, are responsible for all of Your Content that you Make Available on or in taste56 Properties.

5.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to taste56 through its support, suggestion, feedback, wiki, forum, or similar pages or otherwise related to taste56’s products, services, or business (“Feedback”) is at your own risk and that taste56 has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to taste56 a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of taste56 Properties and/or taste56’s business.

6. USER CONDUCT. As a condition of use, you agree not to use taste56 Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through taste56 Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) involves commercial activities and/or sales; (iii) interferes with or attempt to interfere with the proper functioning of taste56 Properties or uses taste56 Properties in any way not expressly permitted by this Agreement; or (iv) attempts to engage in or engage in, any potentially harmful acts that are directed against taste56 Properties, including but not limited to violating or attempting to violate any security features of taste56 Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in taste56 Properties.

7. FEES AND PURCHASE TERMS. In addition to purchases through the Services, certain services may require payment. Currently, we accept credit cards, PayPal, and Apple Pay as payment methods but may update and change our accepted payment methods from time to time in our discretion. Please see our purchase terms and conditions below as well as on the applicable product information page. All return, exchange, and refund decisions are subject to taste56’s sole discretion, and we reserve the right to reject or deny any return, exchange, or refund request for any reason.

7.1 Receiving Merchandise and Passage of Title. Laws, policies, and procedures regarding sales and transportation of alcoholic beverages vary in every state. By arranging for transportation of the alcoholic beverages, taste56 is providing a service to, and acting on behalf of you, and by utilizing this service from taste56 you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, and are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age. If, between the date of order and date of arrival, the laws applicable to you change so as to make it illegal for you to import or otherwise receive your shipment, you may return the order for a full refund. Title to, and ownership of, all products purchased through our Services passes from taste56 to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state.

7.2 Receiving Product From taste56. Unless otherwise indicated by taste56, there are two ways to get your Product from taste56, (a) you can pick up your Products at our store; or (b) you can ship your Products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age). We reserve the right, but have no obligation, to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our Product. Identification may be required for pickup, shipping, and delivery, which may include without limitation legal proof that you are over 21 years of age and the credit card used to purchase Products on the Services.

7.3 Shipping Policy. Products will be shipped in accordance with the taste56 Shipping Policy, made detailed in section 7.1 above.

7.4 Problems With Your Order; Return Policy. If you are dissatisfied with your order, please contact us online at [email protected] or at (718) 701-4156 and we will do our best to resolve the issue. In certain circumstances, you may be able to return order Products.

8. LOYALTY PROGRAM. For information about taste56’s loyalty program(s), please visit https://taste56.com/loyalty.

9. INDEMNIFICATION. You agree to indemnify and hold taste56, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “taste56 Party” and collectively, the “taste56 Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any taste56 Property or Products; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. taste56 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with taste56 in asserting any available defenses. This provision does not require you to indemnify any of the taste56 Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to taste56 Properties.

10. DISCLAIMER OF WARRANTIES AND CONDITIONS.

10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF taste56 PROPERTIES AND ALL PRODUCTS RECEIVED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND taste56 PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. taste56 PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section 10 (Disclaimer of Warranties and Conditions) does not affect in any way our return policy or limited warranty for goods purchased on the Website. If for any reason you are not satisfied with a purchase you make on the Website, you may request a return and taste56 will render a decision.

11. THE MATERIAL CONTAINED IN THIS WEBSITE HAS BEEN CHECKED FOR ACCURACY; HOWEVER, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. PURPLE FETE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THIS WEBSITE. INFORMATION PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.1 taste56 PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) taste56 PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF taste56 PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF taste56 PROPERTIES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH taste56 PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS taste56 PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM taste56 OR THROUGH taste56 PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11.2 taste56 MAKES NO WARRANTY THAT THE GOODS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. taste56 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH taste56 PROPERTIES.

11.3 No Liability for Conduct of Third Parties or Other Users. YOU ACKNOWLEDGE AND AGREE THAT taste56 PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD taste56 PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF PURPOSE FETE PROPERTIES OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

12. LIMITATION OF LIABILITY.
12.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL taste56 PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT taste56 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF taste56 PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE taste56 PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH taste56 PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON taste56 PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO taste56 PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A taste56 PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A taste56 PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A taste56 PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. This section does not affect the return and exchange policy for our Products, which is set forth in Section 7 above.
12.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, taste56 PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO taste56 BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A taste56 PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A taste56 PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A taste56 PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3 User Content. taste56 ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
12.4 Exclusion of Damages. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN taste56 AND YOU.

13. MONITORING AND ENFORCEMENT. taste56 reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the taste56 Properties or the public, or could create liability for the taste56; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the taste56 Properties; and/or (d) terminate or suspend your access to all or part of the taste56 Properties for any or no reason, including without limitation, any violation of this Agreement.

If taste56 becomes aware of any possible violations by you of the Agreement, taste56 reserves the right to investigate such violations. If, as a result of the investigation, taste56 believes that criminal activity has occurred, taste56 reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. taste56 is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in taste56 Properties, including Your Content, in taste56’s possession in connection with your use of taste56 Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of taste56, its Registered Users or the public, and all enforcement or other government officials, as taste56 in its sole discretion believes to be necessary or appropriate.

14. TERM AND TERMINATION.

14.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use taste56 Properties, unless terminated earlier in accordance with the Agreement.

14.2 Termination of Services by taste56. taste56 has the right to, immediately and without notice, suspend or terminate your Account, any Services provided to you, or your access to or use of such Services, for any reason in its sole discretion, provided that if taste56 terminates your Account or access to the Services without cause (as determined by taste56 in its reasonable discretion), taste56 will refund you for any fees prepaid by you for services not yet provided by the termination effective date. You agree that taste56 shall not be liable to you or any third party for any termination of your Account.

14.3 Termination of Services by You. If you want to terminate the Services provided by taste56, you may do so by (a) notifying taste56 at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to taste56’s address set forth below.

14.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. taste56 will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

14.5 No Subsequent Registration. If your registration(s) with, or ability to access, taste56 Properties or any other taste56 community, is discontinued by taste56 due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access taste56 Properties or any taste56 community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those taste56 Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, taste56 reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

15. INTERNATIONAL USERS. taste56 Properties may be accessible from countries around the world and may contain references to Services and Content that are not available in your country. taste56 Properties are controlled and offered by taste56 from its facilities in the United States of America. taste56 makes no representations that taste56 Properties are appropriate or available for use in other locations. Those who access or use taste56 Properties from other countries do so at their own volition and are responsible for compliance with local law.

16. THIRD-PARTY SERVICES.

16.1 Block Inc., taste56 uses Block Inc., formerly Square Inc. (“Square”) and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Payment Processor”). By making or receiving payment through the Services, you agree to be bound by Square's Privacy Policy https://squareup.com/us/en/legal/general/square-pay-pn. In addition to the permissions granted in the Square Privacy Policy, you hereby consent and authorize Square to use and share non-personal data with third parties to build anonymous data profiles, provide segmented marketing information, create aggregate statistical reports, and improve current and new products and services.

16.2 Third-Party Websites and Applications. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of taste56. taste56 is not responsible for any Third-Party Websites or Third-Party Applications. taste56 provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites and Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

17. GENERAL PROVISIONS.

17.1 Electronic Communications. The communications between you and taste56 may take place via electronic means, whether you visit taste56 Properties or send taste56 e-mails, or whether taste56 posts notices on taste56 Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from taste56 in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that taste56 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

17.2 Release. You hereby release taste56 Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of taste56 Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of taste56 Properties. You hereby waive California Civil Code Section 1542, or any similar law of any applicable jurisdiction which states in substance, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a taste56 Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

17.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without taste56’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement may be assigned by taste56 to any third party without your prior written consent. Subject to the foregoing, this Agreement will be binding on a party’s successors and assigns.

17.4 Force Majeure. taste56 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

17.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to taste56 Properties, please contact us at: [[email protected]]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

17.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and taste56 agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, NY.

17.7 Governing Law and Jurisdiction. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

17.8 Notice. Where taste56 requires that you provide an e-mail address, you are responsible for providing taste56 with your most current e-mail address. In the event that the last e-mail address you provided to taste56 is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, taste56’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to taste56 at the following address: [INSERT ADDRESS]. Such notice shall be deemed given when received by taste56 by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

17.9 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

17.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

17.11 Export Control. You may not use, export, import, or transfer taste56 Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained taste56 Properties, and any other applicable laws. In particular, but without limitation, taste56 Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using taste56 Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use taste56 Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by taste56 are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer taste56 products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

17.12 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17.13 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.