TERMS AND CONDITIONS

Terms & Conditions – Spirit of the DAO, INC


Thank you for visiting our website (the “Website”), which is owned and provided by Spirit of the DAO INC. Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our policy, please do not use the Website or any services offered by the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.


IN GENERAL
Spirit of the DAO INC. (“spiritofthedao.com”) owns and operates this Website. This document governs your relationship with Spirit of the DAO INC and the pages therein (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all this Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by Spirit of the DAO INC. Spirit of the DAO INC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


PRIVACY POLICY
By using this Website, you consent to the processing described heron and warrant that all data provided by you is accurate.

INFORMATION IS GATHERED FROM VISITORS
In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor’s email and a username will be stored on the server.

HOW THE INFORMATION IS USED
The information is used to enhance the visitor’s experience when using the website to display personalized content and possibly advertising. E-mail addresses will not be sold, rented, or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.

VISITOR OPTIONS
If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive. You may be able to block cookies via your browser settings, but this may prevent you from access to certain features of the website.COOKIES
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also, they may be used to track your return visits to the website. 3rd party advertising companies may also use cookies for tracking purposes.

PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Spirit of the DAO INC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY AND CONTENT
The intellectual property rights in all content (including photographic images) made available to you on or through this Website remains the property of Spirit of the DAO INC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Spirit of the DAO INC and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website, nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Spirit of the DAO INC you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Spirit of the DAO INC retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Spirit of the DAO INC or may in some cases be a third party. Where a contract is made with a third-party Spirit of the DAO INC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

RETURN POLICY
If you are not satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. Spirit of the DAO INC does not pay for shipping a return. You can return a product for up to 30 days from the date you purchased it. Any product you return must be in the same condition you received it.


DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Spirit of the DAO INC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Spirit of the DAO INC liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

SOCIAL MEDIA
Spirit of the DAO INC’s Social Media Rules of Engagement

Abbreviated:
Spirit of the DAO INC’s social media sites is public, and by posting on our pages in any way, you acknowledge your understanding that your posting is public and hereby waive any expectation of privacy in relation to the user content you post. At all times and without notice or liability of any kind, Spirit of the DAO INC retain the right to remove user content due to any violation of these Terms and Conditions as determined by Spirit of the DAO INC in their sole discretion.

You acknowledge Spirit of the DAO INC’s right to remove any User Content that we, in our sole discretion, think is inconsistent in any way with the Spirit of the DAO INC brand values. While we hope to facilitate discussion around our brand, we will not tolerate and will remove User Content that we deem to be illegal, hateful, aggressive, offensive, threatening, infringing, inappropriate or outside the bounds of what we believe to be appropriate conversations for our Facebook community, for any reason whatsoever and in our discretion alone.

Spirit of the DAO INC does not support and has the right to remove User Content that:

  • Is inconsistent in any way with the Spirit of the DAO INC Rules of Engagement.
  • Features individuals that are under the age of 21 or appear to be under the age of 21.
  • Depicts religious symbols and/or icons.
  • Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity.
  • Promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing promotes any activities that may appear unsafe or dangerous.
  • Is obscene or offensive; endorses any form of hate or hate group; is untrue, defamatory, infringing, abusive, indecent, deceptive, threatening, harassing, misleading or unlawful.
  • Defames, misrepresents, or contains disparaging remarks about Spirit of the DAO INC, or its products or other people, products, or companies.
  • Intends to incite users, cause dissension on the page, or otherwise spark controversy (i.e., trolling)
  • Harasses Spirit of the DAO INC or other users of the Spirit of the DAO INC Facebook page
  • Is posted numerous times (i.e., spamming).
  • Contains trademarks, logos, or trade dress (such as distinctive packaging or phraseology) owned by any entity other than Spirit of the DAO INC excluding only trademarks, logos, or trade dress owned by Spirit of the DAO INC.
  • Contains copyrighted materials owned by any entity (including photographs and other works of art or images) excluding only the Spirit of the DAO INC product images.
  • Advertises or promotes any brand, product, service or good of any kind other than Spirit of the DAO INC without Spirit of the DAO INC’s prior written consent.
  • Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than Spirit of the DAO INC and the Spirit of the DAO INC product images.
  • Violates or encourages the violation of any law, rule or regulation or any person’s legal rights, including any right of privacy and publicity.
  • Contains materials embodying the names, likenesses or other indicia identifying any person other than Spirit of the DAO INC and the Spirit of the DAO INC product images, including, without limitation, celebrities and/or other public or private figures, living or dead.
  • Communicates messages or images inconsistent with the positive image and/or goodwill to which Spirit of the DAO INC wishes to associate.

Extended:
Our content is intended for people of legal drinking age and shouldn’t be shared with those who aren’t. Please don’t post inappropriate comments, thoughts, or suggestions on our pages. If you do post something that we find offensive, or if you’re not 21 years or older, we will remove it.

Rules For Using Our Page
Spirit of the DAO INC’s social media is a community where our fans of legal drinking age can share experiences, feedback, and information with other fans in a lively and supportive setting.

All use of this fan page must be in compliance with the social medias platforms Terms of Use.

There are two types of content a person who accesses the Spirit of the DAO INC’s social media (“You”) will see on the page: postings by fans of Spirit of the DAO INC products (“User Content”) and postings by Spirit of the DAO INC. We will identify content and statements that are made by Spirit of the DAO INC (“Spirit of the DAO INC’s Content”). Such Spirit of the DAO INC’s content may contain information regarding our beers, promotions, and events. All other information and User Content posted by fans should not be construed as being endorsed by or approved by Spirit of the DAO INC. Please visit www.spiritofthedao.com for information regarding Spirit of the DAO INC’s products and services. We urge you to not rely upon comments and content related to Spirit of the DAO INCs in User Content, as such information may not be true and/or verified by Spirit of the DAO INC. We have no control over the User Content you post and are not responsible for any injuries, costs or damages that result from your activity on page.

Spirit of the DAO INC’s content complies with our Rules on Engagement and the Beer Institute Advertising and Marketing Code. Spirit of the DAO INC also ensures that such content is not illegal or otherwise viewed as inappropriate. However, because Spirit of the DAO INC values free speech and an open community, we cannot and will not endorse or approve of all User Content.

You acknowledge Spirit of the DAO INC’s right to remove any User Content that we, in our sole discretion, think is inconsistent in any way with the Spirit of the DAO INC’s brand values. While we hope to facilitate discussion around our brand, we will not tolerate and will remove User Content that we deem to be illegal, hateful, aggressive, offensive, threatening, infringing, inappropriate or outside the bounds of what we believe to be appropriate conversations for our social media community, for any reason whatsoever and in our discretion alone.

Spirit of the DAO INC’s social media is public, and by posting on our pages in any way, you acknowledge your understanding that your posting is public and hereby waive any expectation of privacy in relation to the user content you post. At all times and without notice or liability of any kind, Spirit of the DAO INC retain the right to remove user content due to any violation of these Terms and Conditions as determined by Spirit of the DAO INC in their sole discretion.

You acknowledge Spirit of the DAO INC right to remove any User Content that we, in our sole discretion, think is inconsistent in any way with the Spirit of the DAO INC brand values. While we hope to facilitate discussion around our brand, we will not tolerate and will remove User Content that we deem to be illegal, hateful, aggressive, offensive, threatening, infringing, inappropriate or outside the bounds of what we believe to be appropriate conversations for our Facebook community, for any reason whatsoever and in our discretion alone.

Spirit of the DAO INC does not support and has the right to remove User Content that:

  • Is inconsistent in any way with the Spirit of the DAO INC Rules of Engagement.
  • Features individuals that are under the age of 21 or appear to be under the age of 21.
  • Depicts religious symbols and/or icons.
  • Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity.
  • Promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing promotes any activities that may appear unsafe or dangerous.
  • Is obscene or offensive; endorses any form of hate or hate group; is untrue, defamatory, infringing, abusive, indecent, deceptive, threatening, harassing, misleading or unlawful.
  • Defames, misrepresents, or contains disparaging remarks about Spirit of the DAO INC, or its products or other people, products, or companies.
  • Intends to incite users, cause dissension on the page, or otherwise spark controversy (i.e., trolling).
  • Harasses Spirit of the DAO INC or other users of the Spirit of the DAO INC’s social media pages
  • Is posted numerous times (i.e., spamming).
  • Contains trademarks, logos, or trade dress (such as distinctive packaging or phraseology) owned by any entity other than Spirit of the DAO INC excluding only trademarks, logos, or trade dress owned by Spirit of the DAO INC.
  • Contains copyrighted materials owned by any entity (including photographs and other works of art or images) excluding only the Spirit of the DAO INC product images.
  • Advertises or promotes any brand, product, service or good of any kind other than Spirit of the DAO INC without Spirit of the DAO INC’s prior written consent.
  • Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than Spirit of the DAO INC and the Spirit of the DAO INC images.
  • Violates or encourages the violation of any law, rule or regulation or any person’s legal rights, including any right of privacy and publicity.
  • Contains materials embodying the names, likenesses or other indicia identifying any person other than Spirit of the DAO INC and the Spirit of the DAO INC product images, including, without limitation, celebrities and/or other public or private figures, living or dead.
  • Communicates messages or images inconsistent with the positive image and/or goodwill to which Spirit of the DAO INC wishes to associate.


DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES, OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked, or affiliated with spiritofthedao.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to spiritofthedao.com.

INDEMNITY
You agree to indemnify, defend, and hold harmless spiritofthedao.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

VARIATION
spiritofthedao.com shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Contact: info@spiritofthedao.com

WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of North Carolina, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Wake County, North Carolina, USA in all disputes arising out of or related to the use of the Site.

Remember to always enjoy Spirit of the DAO INC’s brands responsibly.

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