Terms and Conditions

Terms of Use

deeLush.com provides a number of services, including cocktail recipes, recipe database search, and remote search applications for use by other websites (collectively referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular deeLush.com services, you agree to abide by any applicable posted guidelines for all deeLush.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with deeLush.com in any way, your only recourse is to immediately discontinue use of deeLush.com.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.deeLush.com/terms

CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that deeLush.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the deeLush.com site and Content available through the Service may contain links to other websites, which are completely independent of deeLush.com. deeLush.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will deeLush.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that deeLush.com does not pre-screen or approve Content, but that deeLush.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

THIRD PARTY CONTENT, SITES, AND SERVICES

The deeLush.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of deeLush.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify deeLush.com's agent for notice of claims of copyright or other intellectual property infringement, at

admin@deeLush.com

Please provide our Agent with the following Notice:

  • Identify the material on the deeLush.com site that you claim is infringing, with enough detail so that we may locate it on the website;A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

deeLush.com will remove the infringing material, subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

PRIVACY AND INFORMATION DISCLOSURE

deeLush.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.deeLush.com/privacy

Your use of the deeLush.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy.

LIMITATIONS ON SERVICE

You acknowledge that deeLush.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that deeLush.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that deeLush.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that deeLush.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. deeLush.com makes no warranty whatsoever as to the availability of the deeLush.com site or the Service.

ACCESS TO THE SERVICE

deeLush.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by deeLush.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in cocktail recipes. Any use of remote applications or services provided by deeLush.com by other websites must contain the credit link provided with such service or application, further the credit link must remain intact and visible within the remote application or service.

TERMINATION OF SERVICE

You agree that deeLush.com, in its sole discretion, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason. Further, you agree that deeLush.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE DEELUSH.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DEELUSH.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEELUSH.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DEELUSH.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEELUSH.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEELUSH.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DEELUSH.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEELUSH.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DEELUSH.COM SITE OR THE SERVICE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DEELUSH.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DEELUSH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DEELUSH.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DEELUSH.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE DEELUSH.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DEELUSH.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEELUSH.COM SITE OR THE SERVICE OR ANY LINKS ON THE DEELUSH.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEELUSH.COM SITE OR THE SERVICE OR ANY LINKS ON THE DEELUSH.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to indemnify and hold deeLush.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.