Other terms may apply to your use
of a specific portion of our websites. If
there is a conflict between these terms of use and terms posted for a specific
portion of our websites, the latter terms apply to your use of that portion of
our websites.
By using our websites, you
acknowledge that you have read these terms of use and agree to them. You also acknowledge that these terms of use
are supported by reasonable and valuable consideration, which includes your use
and enjoyment of our websites, the content, materials, features, and services
offered on them, and our review, use, or display of any content or materials
you share with us.
IF YOU DO NOT AGREE TO THESE
TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEBSITES.
We may update these terms of use
at any time. You are responsible for
periodically reading them. If you use
any of our websites after we have updated these terms of use, you acknowledge that
you have read the updated terms of use and agree to follow them.
To understand how and what
information we collect, and how we may use or disclose such information, please
carefully read our privacy policy statement. By using our websites, you acknowledge that
you have
read our privacy policy
statement and consent to our privacy practices. You further affirm your consent by becoming a
registered user, setting up an account or submitting content or materials to or
through our websites.
If you are a minor,
please remember to ALWAYS check with your parents before you send anything to
us online or otherwise.
- Profiles, Screen Names,
Passwords, and Security
To take advantage of certain features
of our websites, you may be required to register and set up an account with
Shady Lady.
- Do not use your real name, or the
real name of any one related to you in selecting your screen name.
- If you are a minor, please don't
share any other personal information about yourself anywhere on our websites,
such as your real name, social security number, physical address, or phone
number.
You are solely responsible for
maintaining the security and confidentiality of your account and any password
you use to access our websites and you agree not to transfer your password,
user name, account or the use of your account, to any third party. You are also solely responsible for all
interactions with our websites that occur in association with your password or
user name. You agree to immediately
notify Shady Lady at the following email address (
info@drinkago.com) of any unauthorized use
of your password or user name or any other breach of security related to your
account or our websites and to “log off” from your account (if applicable) at
the end of each session. We are not
liable for any loss or damage arising from your failure to comply with any of
the foregoing obligations.
All registration and billing
information provided must be true and accurate. Providing any untruthful or inaccurate
information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the
checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
We do not guarantee that any
information you provide will not be intercepted by a third party during
transmission over any public networks or otherwise. You bear the risk of communicating with us
electronically and we are not responsible for any resulting loss or damage.
If you are a person under the age
of 13 (a “child”), registration also requires a true, valid email address of a
parent or guardian, to notify parents or guardians of a child's completion of
the registration process.
You agree:
- not
to use your real name, or the real name of any one related to you in selecting
your screen name to register and/or set up an account;
- that
you will only register and/or set up an account with a true, valid email
address for a parent or guardian;
- to
let us know of any changes to such email address;
- not
to use anyone else's screen name or email address to access the games and other
interactive features of our websites;
- to
safeguard your screen name, password, and any email address you provide, and to
take responsibility for all activity on your user account; and
- to
notify us immediately at info@drinkago.com if you find out that
someone else is using your screen name, email address, or user account without
your permission.
- Using the Content on Our Websites
Our websites are for the personal
use of individual users, and may not be transferred, assigned, or used in
connection with any commercial or illegal endeavor.
The content on our websites
(including, but not limited to, characters, logos, graphics, illustrations,
website layout and design, text, stories, images, audio and video, software,
and images, files, or data incorporated in the software or generated by the
software) is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and
other intellectual property laws and rights throughout the world. You may only use the content for your personal
and non-commercial use. You may not
copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or
create derivative works of or from, publicly display or perform, or in any way
exploit any content on our websites, unless you first request and obtain
written permission from the owner of such content. If we choose to grant you additional rights to
our content, you agree not to change or delete any proprietary notice on the
content.
You may not use the name “GO”, “GO
Energy”, “GO Energy and Recovery”, or any mark, logo, or trade name owned or
used by Shady Lady Beverage Co., LLC, in any medium whatsoever, unless you
first request and obtain written permission from us.
We retain all right, title, and
interest in our websites and any content, features, products, or services
offered on them, including any and all intellectual property rights. We reserve all rights not expressly granted.
To request additional rights to
content on our websites, please contact us at info@drinkago.com
with all specifics necessary for us to consider and respond to your request.
- Materials Posted on Our Websites
We do not endorse, control, or
assume any responsibility, or liability for any content or materials you or
others submit, post, or share on or through our websites, including any screen
names, photos, graphics, ideas, images, creative works, and text.
By participating
and interacting with our websites, posting a message, or sending us your
thoughts, you (and, if you're a child, your parents) are telling us that we can
use or publish your screen name or repeat and use your message. We can use such information in any way we
want, anywhere, even in an advertisement.
If you are a minor,
please remember to ALWAYS check with your parents before you send anything to
us.
By posting, sharing or otherwise
providing any such materials, you agree to grant us an irrevocable, perpetual,
royalty-free license to:
- use,
modify, copy, distribute, and publicly perform and display any such materials
and content, with or without attribution of your screen name, in whole or in
part, throughout the universe in any and all media, now known or hereinafter
devised, alone, or together as part of other material of any kind or nature,
including without limitation, for commercial use, advertising, and promotional
purposes;
- publish
your screen name with such materials; and
- give
or transfer these rights to others.
You also represent and warrant
that you have all the rights necessary for you to grant these rights and that
the use and publication of the content does not violate or infringe the rights
of any third party or breach any law, including if such materials contain the
name, voice, likeness or image of any individual.
We retain the right, but not the
obligation, to monitor the content and materials posted on our websites. We
may, at our sole discretion, remove any materials and content that you or
others post, share or otherwise provide to our websites at any time without
notice.
If you believe that any materials
or content on our websites violates or infringes upon your intellectual property
rights, please contact us at info@drinkago.com.
You may be asked to provide additional
information and follow additional procedures for us to act on your complaint.
- Unsolicited Ideas and Feedback
Neither we nor our employees
accept or consider unsolicited ideas, including those for new or improved
products or technologies, product enhancements, processes, marketing plans, or
product names. The purpose of this
policy is to avoid any potential misunderstandings or disputes if our offerings
or strategies seem similar to ideas that you submitted to us.
If you choose to send us your
ideas anyway, through our websites or otherwise, you agree that:
- your
ideas automatically become our property, without any compensation to you;
- we
can commercialize these ideas and use them for any purpose and in any way; and
- we
can give and transfer these ideas to others.
You also represent and warrant
that such ideas are your original ideas and that you have all the rights necessary
for you to grant us rights to them, as described above.
You may not reverse engineer,
disassemble, or decompile, derive code or materials from, or capture any
source, scripts, layouts, design, metadata, or other information accessible
through our websites (including, without limitation, data packets transmitted
to and from our websites), or analyze, decipher, “sniff”, derive code or
materials from any packet stream to our from our websites, or attempt any of
the foregoing. You expressly waive any
legal rights you may have to do any of the foregoing, including any claim that
such activities constitute “fair use” or are for “interoperability purposes”
under the Digital Millennium Copyright Act.
Further, in using our websites,
you may not:
- violate
these terms of use, infringe upon our rights or the rights of others
(including, without limitation, intellectually property rights, rights of
privacy such as unauthorized disclosure of a person's name or email or physical
address or phone number, and rights of publicity), or violate any laws;
- conduct
or solicit illegal or other activity that in any way harms us or any of our
affiliates and business partners;
- post,
email, message, or otherwise make available through the website, any content
that: (1) incites,
advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred,
bigotry, racism, or gratuitous violence; (2) is
intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate
an individual or group of individuals for any reason; (3) is
illegal or violates any laws, including laws related to adult activities and
content, child pornography, criminal activities, gambling, and drugs; or (4) promote
an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated music or videos or computer programs, or links to such
materials;
- engage
in commercial activities or sales, such as contests, sweepstakes, barter,
advertising, or the buying or selling of “virtual” items, without our prior
written permission;
- disguise
the origin of any message, communication, or transmittal you send to us through
our websites;
- use
any robot, spider, scraper, or other automated or manual means to access our
websites, or copy any content or information on our websites;
- attempt
to gain unauthorized access to any portion of our websites or any related
networks or systems by hacking, password “mining”, or any other illegitimate
means;
- probe,
scan, test the vulnerability of or breach the authentication measures of, our
websites or any related networks or systems;
- modify
or reroute or attempt to reroute our websites;
- link
to our websites from any unsolicited bulk messages or unsolicited commercial
messages (“spam”);
- utilize
framing, squeeze back, overlay or other techniques to enclose or display our
websites or any content on our websites, with any other software or content of
a third party; or
- take
any action that places a disproportionately large load on our websites or any
related networks or systems.
We
reserve the right, but not the obligation, to investigate and take appropriate
legal action against anyone who we believe is violating these terms of use,
including without limitation, removing any materials, suspending or terminating
the registration of such violators, or suspending or terminating the their
right to use our websites.
- Electronic Notices and
Communications
By visiting our websites or
sending us email, you are communicating with us electronically. By
communicating with us electronically, you agree that:
- we
may communicate with you electronically by email, or as appropriate, by posting
general notices on our websites;
- all
notices, disclosures, and other communications that we send you electronically
satisfy any legal requirement that such communications be in writing; and
- any
notices are deemed to be given and received on the date we transmit any
electronic communication as described above.
Our websites may contain:
- references
to names, marks, data, content, products, or services of third parties;
- links
to third-party websites; and
- descriptions
of services and products provided by third parties.
These references, links, and
descriptions are provided solely for your convenience. By including these references, we do not
endorse these parties, their content, or any products and services they offer. These parties are not under our control and we
are not responsible for them, or the operation and availability of their
websites. All disclaimers and other
notices associated with such materials shall apply and supplement these terms
of use as to the individual content. You
are responsible for knowing when you are leaving our websites to visit a
third-party website, and for reading and understanding the terms of use and
privacy policy statements for each such third-party website.
If you choose to deal with third
parties, you agree that you have a direct relationship with them and are solely
responsible for any such dealings. If
you have concerns with any third-party website, please address them with the
administrator of that website.
We
attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product
descriptions or any other content on our websites is accurate, complete,
reliable, current or error free. If a
product offered by us is not as described, your sole remedy is to return it in
unused condition.
Our websites are for
entertainment purposes only. We make no
guarantee about the accuracy or reliability of the content, materials,
features, and services on our websites.
WE DO NOT WARRANT THAT OUR WEBSITES
OR ANY CONTENT, MATERIALS, PRODUCTS, FEATURES, OR SERVICE ON THEM WILL BE
ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT, MATERIALS, PRODUCTS,
FEATURES, AND SERVICES ON OUR WEBSITES ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”,
AND “AS AVAILABLE”. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND
SATISFACTORY QUALITY. YOU AGREE THAT YOU
ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES
PROVIDED ON OR THROUGH OUR WEBSITES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE
TO SUCH USE.
YOU MAY HAVE ADDITIONAL RIGHTS
UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS
ABOVE.
NEITHER WE NOR ANY OF OUR
RESPECTIVE AFFILIATES, OWENERS, MANAGERS, OFFICERS, EMPLOYEES, AGENST,
REPESENTATIVES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY
OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,
OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR
WEBSITES OR ANY SERVICES, MATERIALS, PRODUCTS OR INFORMATION AVAILABLE THROUGH
THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS
OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER SHALL
APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL
PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR
LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.
IF YOU ARE DISSATISFIED WITH ANY
OF THE CONTENT, MATERIALS OR PRODUCTS ON OUR WEBSITES, OR ANY SERVICES OR INFORMATION
AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING
AND USING OUR WEBSITES.
THE FOREGOING DISCLAIMER SHALL
APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL
PURPOSE.
Without limiting any other rights
and remedies available to us, we reserve the right, in our sole discretion and
without prior notice, to end your access to our websites or block your future
access to our websites for any reason.
You agree that any violation, or
threatened violation, by you of these terms of use will cause us irreparable
and unquantifiable harm. You also agree
that monetary damages would be inadequate for such harm and consent to our
obtaining any injunctive or equitable relief that we deem necessary or
appropriate.
These remedies are in addition to
any other remedies we may have at law or in equity.
You agree to defend, indemnify,
and hold us harmless from and against any and all claims, losses, liability,
costs, and expenses (including attorney's fees) arising from your use of our
websites, violation of these terms of use, or violation of any third-party
rights.
YOU AGREE TO WAIVE ANY AND ALL
LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF
USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
We will not be deemed to be in
breach of these terms of use or our privacy policy statement due to any event
or circumstance beyond our reasonable control, including without limitation,
war, invasion, failures of any public networks, electrical shortages, terrorist
attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or
damage due to such events or circumstances.
You agree that all matters
relating to your access to or use of our websites, including all disputes, will
be governed by the laws of the United States and by the laws of the State of
Georgia, without regard to its conflicts of laws rules. YOU AGREE TO THE PERSONAL JURISDICTION BY AND
VENUE IN THE STATE AND FEDERAL COURTS OF THE STATE OF GEORGIA. YOU ALSO WAIVE
ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.
- Rules for Sweepstakes, Contests
and Similar Promotions
Any sweepstakes, contest, raffle
or other similar promotion (“Promotion”) made available through our websites is
void where prohibited and governed by specific rules that are separate from
these Terms of Use. By participating in
any such Promotion, you will become subject to the Promotion’s rules which may
vary from these Terms of Use. Accordingly,
we recommend that you read the rules for the applicable Promotion which will be
posted on our websites and review our Privacy Policy, which governs any
personal information you submit in connection with such Promotion.
These terms of use, accepted by
you upon use of our websites, and further affirmed by becoming a registered user,
setting up an account or submitting content or materials to or through our websites,
constitutes the entire agreement between you and us regarding the use of our websites.
All parts of these terms of use
apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part
of this contract as written, then that part will be replaced with terms that
most closely match the intent of the part we cannot enforce to the extent
permitted by law. The invalidity of part
of this contract will not affect the validity and enforceability of the
remaining provisions.
Shady Lady Beverage Co., LLC
Attention: Website Administrator
5575 Spalding Drive
Norcross, Georgia 30092
These terms of use
were last updated and posted on June 4, 2013.