Terms of Use

THE FOLLOWING TERMS AND CONDITIONS APPLY TO USERS, VIEWERS AND ALL PEOPLE WHO HAVE ACCESS TO www.hardchawstrong.com. BY USING OR VIEWING THIS WEBSITE, YOU AGREE TO THESE TERMS AND THE PRIVACY AND COOKIE POLICY. IF YOU DO NOT AGREE, DO NOT USE THIS SITE. ANY ACCESS OR USE OF THIS WEBSITE IS UNDERTAKEN AT THE USER’S RISK.

This Website is operated by Shillelagh Irish Spirits Limited LLC. Please contact [email protected] with any concerns you might have in relation to this site or these terms and conditions.

All references to ‘our’, ‘we’, ‘us’ or ‘company’ within this policy and within the opt-in notice are deemed to refer to Shillelagh Irish Spirits Limited LLC, its subsidiaries, affiliates and associates.

To access the website you must be of legal drinking age in the country where you are viewing this website. If you are not, DO NOT ENTER THIS SITE.

1.Rights

All rights in all material and content (including, but not limited to text, images web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof) on the Site are owned or licensed by us. You agree that you are permitted to use this material and/or content only as set forth in and to the extent permitted by these Terms and Conditions.

2. Intellectual Property

We are the owner and/or authorised user of all trademarks, design marks, service marks, trade dress, patents, copyrights, database rights and other intellectual property appearing on or contained within the Site except provided in these Terms & Conditions. Your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site.

3. Restrictions on use

Access to this Site is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend the services we provide on the Site without notice. The Site changes and is updated regularly and Shillelagh Irish Spirits Limited LLC will not be liable if for any reason the Site or any materials on it are unavailable at any time or for any period. Material from the Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any format without the prior written consent of Shillelagh Irish Spirits Limited LLC.

4. Conditions of use and Acceptable Usage Policy Relating to Public Forums

The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features such as the display of Linked Content from Interfacing Sites which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk.

We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where, in our sole discretion, we believe that there may have been such a misuse.

The following examples constitute misuse of the Site:

• using the Site for any improper, unlawful, or immoral purpose,
• causing any nuisance by your use of the Site or causing the operation of the Site to be jeopardised or impaired;
• using the Site to create, host, or transmit (whether in a Public Forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
• using the Site to harm or attempt to harm minors in any way;
• using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
• using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party;
• using the Site to create, host, or transmit unsolicited advertising material to other users;
• using the Site to create, host, or transmit any material that harasses another;
• using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
• adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead;
• using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
• using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
• using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking;
• reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use;
• encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
• disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived); and
• violation of the terms of use associated with an Interfacing Site.

Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.

You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non-commercial, promotional, or other purpose. We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

Content, information, and materials posted by users to public forums are not endorsed by us. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through public forums. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.

5. Interfacing sites

You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other method.

We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Conditions of Use or the applicable terms of use on the Interfacing Site.

To utilise some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilise the functionality provided by the Site.

In addition to these Conditions of Use, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

6.Materials submitted by you

Unless specifically requested, we do not solicit to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary.

We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such material by us to the extent permitted by law.

7. Information about you and your visit to the site

Shillelagh Irish Spirits Limited LLC processes information about you in accordance with its Privacy statement, which is available here. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate and up-to-date.

8. No warranties

The site is provided “as is”, and your use is at your own risk. We and our officers, directors, employees, agents and assigns disclaim, to the fullest extent permitted by law, any and all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non-infringement. We do not warrant that the site will be free from viruses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. Although we take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorised access or use.

9. Third party goods and services

We do not vouch for those persons, companies, and other organisations whose goods or services may be accessed or displayed through or on our site.

10. Your Responsibility

You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with personally identifiable or other information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Policy and any uses we may make of such information.

11. No Liability

To the extent permitted by law, under no circumstance shall Shillelagh Irish Spirits Limited LLC be liable for any loss or damages whatsoever (including, but not limited to direct, incidental, consequential, or indirect loss, including lost profits, loss of income or revenue, loss of goodwill, business interuption or loss of data or information or special or punitive damages, even if Shillelagh Irish Spirits Limited LLC was notified in advance of the potential of such loss or damages), harm, or injury howsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site, any of the materials of this Site or are caused by any failure of performance, error, omissions, interuption, defect, delay in operational transmission, computer virus or line failure.

12. Indemnity

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Conditions of Use, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

13. Trademark Information

All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with Shillelagh Irish Spirits Limited LLC’s products and brands used herein are owned by Shillelagh Irish Spirits Limited LLC & International Brands Ltd. T/A Shillelagh Irish Spirits Limited LLC. The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.

14. Restriction, Suspension & Termination

We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace you IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

15. Entire Agreement

These Terms of Use, including our Privacy and Cookie Policy, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings of any sort between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the Terms of Use of any such license agreements. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that they could should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Terms of Use shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Terms of Use to any third party or parties at any time.

16. Jurisdiction

This agreement shall be governed in accordance with the laws of the U.S.A., notwithstanding any principles of conflicts of law. Any dispute arising from these Terms and Conditions will be submitted to the exclusive jurisdiction of the country’s courts, although this does not affect our right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. Except as described otherwise, all material in this Site are made available only to provide information about Shillelagh Irish Spirits Limited LLC and its products.

Thank you for visiting our site. Please enjoy our products responsibly.