By accessing this web site at www.saloonbox.com (“Site”), provided by SaloonBox LLC (“SaloonBox”, "Company", "we" and "our"), you acknowledge that you have read, understood and agreed to be bound by these Terms of Service ("Terms of Service", “Terms”).
All alcohol sold on the Platform is sold by California licensed retail liquor store that we connect you with (“Retail Licensee”). When you select a cocktail on the website and put it in your cart, your order will be placed with us for your box of cocktail ingredients and with our Retail Licensee for any necessary distilled spirits and wine to make that cocktail. SaloonBox does not sell any alcohol or take title to any alcohol at any time. SaloonBox is not affiliated with any Retail Licensee or any other entity licensed to produce or sell liquor in the United States. You understand and acknowledge that SaloonBox does not accept your order of alcohol products and the order will only be delivered if the Retail Licensee accepts your order.
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:
(i) are unlawful, threatening, harassing or profane;
(ii) restrict or inhibit any other user from using and enjoying the Site;
(iv) contain a virus or other harmful component; or
(v) is false, deceptive, misleading, deceitful, or misinformative
(vi) infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity
(vii) discloses any sensitive information about another person
(viii) access or use the Website or the Platform to collect any market research for a competing business
(ix) take any action that imposes an unreasonable load on our technical infrastructure
(iii) encourage or depict overconsumption of alcohol or conduct that would constitute a criminal offense or give rise to civil liability;
You agree that Company has the right, but not the obligation, to monitor, moderate, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
A “Contract” is formed between SaloonBox and you once a purchase has been executed for one of our membership services. The Contract will remain in place until it is cancelled by the individual or SaloonBox. Our obligation under this agreement is to issue the subscription to you under the agreement. We are responsible for you receiving the desired services and goods each month to an acceptable quality.
ANY ALCOHOL INCLUDED IN A KIT ORDERED THROUGH THE SITE IS BEING SOLD TO YOU FROM A THIRD PARTY LIQUOR MERCHANT. SALOONBOX DOES NOT SELL ALCOHOL. SALOONBOX ONLY PROCESSES ORDERS FOR ALCOHOL. YOU ACKNOWLEDGE THAT ANY ALCOHOL INCLUDED IN A KIT PURCHASED THROUGH THE SITE IS BEING PURCHASED BY YOU FROM THE THIRD PARTY LIQUOR MERCHANT AND IS NOT BEING PURCHASED FROM SALOONBOX.
Each subscription is delivered to the customer-designated location. Each subscription initiation and subsequent shipment is confirmed by email to the customer. By selecting a subscription plan you agree to pay SaloonBox the monthly subscription fees for the service and additional usage fees indicated for that subscription. Our subscription packages will auto-renew every month at the price originally agreed to unless canceled. You may cancel your subscription at any time. Subscriptions cancelled before the 1st of any month will not be charged. Subscriptions cancelled after the 1st will take effect the following month. Payment for Services will be made by a valid credit card accepted by SaloonBox, unless other payment arrangements have been made. You hereby authorize SaloonBox to charge your credit card for such amounts according to your subscription.
By activating a SaloonBox subscription, you agree to the following requirements:
(i) I am legally capable of entering into a binding subscription agreement;
(ii) I am of legal drinking age in the US and the recipient of the SaloonBox subscription is also of legal drinking age in the US;
(iii) I acknowledge and confirm that an adult over the age of 21 with a valid government ID needs to be present to sign and accept each SaloonBox delivery; and
(iv) We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You will promptly inform us of any need to deactivate a Password or Email, or change any Unique Identifier. We reserve the right to delete or change your Password, Email, or Unique Identifier at any time and for any reason. SaloonBox will not be liable for any loss or damage caused by any unauthorized use of your account.
You agree that SaloonBox and the Retail Licensee may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. If you have a question about any SaloonBox or Retail Licensee charge on your credit card statement, please follow the instructions found on the Website to contact customer service.
When you sign up to become a monthly Subscriber, your subscription will automatically renew until you cancel it. This means that you subscribe to order, pay for and receive shipments of cocktail boxes from SaloonBox and order, pay for and receive shipments of alcohol from Retail Licensee. You can skip an order and delivery or cancel your membership at any time. Please visit the LogIn section of the Website on instructions on how to do so. Please be aware, however, that because we and our Retail Licensee plan, purchase, and prepare our cocktails in advance, both the skipping service and cancellation request require advanced notice to SaloonBox, as set forth more specifically on the Website. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next shipment.
To maintain the highest quality and integrity of the cocktail ingredients after delivery, we recommend that you immediately refrigerate the non-alcoholic items when you receive them. If you are not home when a delivery arrives, our delivery service will leave the package with an adult over 21 years of age with proper identification who is willing to accept the package on your behalf.
If no recipient over 21 years of age with proper identification is available to accept the package on your behalf, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, both of your orders, for your SaloonBox non-alcohol ingredients and for your purchase of liquor from our Retail Licensee, will be canceled and your money will be refunded, less the applicable re-stocking fees for the orders and the redelivery fee.
Anyone over 21 years of age with proper identification at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit.
If you are dissatisfied with the quality of the non-alcoholic ingredients, please contact us via the Services within seven (7) days after delivery and we’ll credit you for that portion of the kit.. Alcohol purchased from Retail Licensees may not be returned.
The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of SaloonBox and Retail Licensee (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of SaloonBox (the “SaloonBox Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of SaloonBox. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others, including the Retail Licensee (the “Third-Party Trademarks”, and, collectively with SaloonBox Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of SaloonBox Trademarks inures to our benefit.
By submitting or posting any materials or content on the Site, you grant SaloonBox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant SaloonBox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. SaloonBox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.We do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT SALOONBOX, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
YOU, AND NOT SALOONBOX, ARE SOLELY RESPONSIBLE FOR THE PREPARATION AND STORAGE OF THE COCKTAIL INGREDIENTS INCLUDED IN EACH PACKAGE. OTHER THAN AS EXPRESSLY SET FORTH IN OTHER SECTIONS: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE COCKTAILS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE COCKTAILS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO SALOONBOX IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
SALOONBOX HAS MADE EVERY EFFORT TO DISPLAY THE COCKTAILS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL COCKTAILS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE COCKTAILS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL COCKTAIL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A COCKTAIL, SERVICE, OR PRODUCT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
The Platform and the Services (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement constitutes a binding agreement between you and Company until terminated by you or Company, which Company may do at any time, without notice, in Company's sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site.
SaloonBox respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including:
(i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located;
(ii) a description of the location of the original or an authorized copy of the copyrighted work;
(iii) your address, telephone number and e-mail address;
(iv) 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;
(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly and irrevocably agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of California; and (ii) that the Platform and the Services shall be deemed passive that do not give rise to personal jurisdiction over SaloonBox, either specific or general, in jurisdictions other than the State of California. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS AVAILABLE ON THE WEBSITE, THE PLATFORM, OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “Communications to Us; User Content,” “Warranty Disclaimer and Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
When you sign up to become a Subscriber, order a gift subscription, enter a contest, promotion, or sweepstakes, or sign up to receive our recipes, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information for Subscribers may include your name, date of birth, e-mail address, mailing address, and phone number.
In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
From Your Activity. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services.
From You. Additional information about yourself that you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences.
If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any SaloonBox marketing email. Subscribers cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our products, services, upcoming events, recipes, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you. Also, we may share Personal Information, the Billing Information, and/or Other Information as described below.
We employ other companies and individuals to perform functions on our behalf. Examples include delivery services, marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
We provide advertising space and placement to other companies to market and promote their sale of alcohol pursuant to their retail liquor licenses. In order to place orders with these companies, they will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to accept and fulfill your order and to the extent permitted by law. In order to administer our contests, promotions, and sweepstakes, we may share your Personal Information and Other Information with our third-party promotional and marketing partners.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information, the Billing Information, and the Other Information may be part of the transferred assets. To the extent permitted by law, we may also disclose Personal Information, the Billing Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such Information is necessary or advisable, for example, to protect the rights, property, or safety of SaloonBox or others.
We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.