Terms & Conditions
This page dictates the terms of which you may use the Website, and all other online and digital platforms (including mobile apps and social media platforms) maintained by Holla Spirits LLC.
We reserve the right to amend these Terms & Conditions periodically, at our own discretion, sometimes without notice.
We reserve the right to change or remove parts of our Website without prior notice.
We also reserve the right to limit or restrict access to various parts of our Website without notice or liability.
PLEASE READ THESE CAREFULLY BEFORE PROCEEDING TO USE OUR WEBSITE.
This Site is maintained by Holla Spirits (“we” or “us”) for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising, and consumption of alcohol is legal. Your continuance to use this Website constitutes acceptance of these Terms of Use, including our Privacy and Cookie Notice (collectively “Terms & Conditions / Privacy Policy”).
If you are not of legal age to consume alcohol in your country or territory of residence, if you are accessing the Website from a country or territory where use of our Site is not permitted, or if you do not agree with these Terms & Conditions, please exit our Website immediately.
1. INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, as they relate to our Website and the materials published on it, including but not limited to trademarks, designs, logos, text, images, web pages, video, audio, design, software and all other related “Materials” are owned by us, our affiliate companies, or our partners.
Your legal use of this Website does not grant you any rights, title, interest, or license to any such Intellectual Property. You are prohibited from using any Materials on our Site for commercial purposes without obtaining a license to do so from us, or the relevant Owner.
2. RESTRICTIONS ON USE
Unless you receive permission by the applicable licencor, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, any or all of the material or content available on our Website. You are prohibited from creating any sort of derivative works of our Intellectual Property. You are prohibited from using our Intellectual Property, or derivatives of, for commercial purposes. Due to the internet’s global presence, users agree to comply with all local laws and rules regarding online conduct and acceptable content. Users also agree to comply with applicable rules regarding the export of data from any country.
3. ACCEPTABLE USAGE POLICY TERMS AS THEY RELATE TO PUBLIC FORUMS
The site may contain interactive online services, including but not limited to chat rooms, discussion groups, bulletin boards, blogs, and other social networking platforms and features. These platforms may give you the ability to post, transmit, or share information, including but not limited to writing, images, audio, and video (Postings). Some content you may be exposed to in Public Forums could be inaccurate, fraudulent, deceptive, or offensive. The use of these Public Forum features is done at your own risk.
We may or may not actively monitor these Postings on Public Forums.
We may or may not exercise editorial control over Postings. This includes altering, and/or deleting Postings.
Some terms related to acceptable Public Forum usage are listed below:
You may use our Website solely for lawful purposes and we reserve the right to terminate your use of the Site at any time. You may not use the Website for illegal or fraudulent purposes, or in anyway that breaches any applicable law (local, national, international).
You may not use the Website to tamper with, or harm minors in any way. You may not use our website to promote or glorify underage drinking, drunk driving, or excessive alcohol consumption.
You may not use our Website to transmit material that promotes hateful, offensive, or insulting ideas towards any race, religion, creed, or sex. You may not use the Site to transmit material that promotes or encourages violence, or inflicting harm on one’s self or others. You may not use our Website to harass or stalk others.
You may not use our Website to knowingly transmit data, send or upload any material that contains viruses, Trojan horses, worms, spyware, adware, keystroke loggers, or any other harmful programs or computer code designed to negatively affect other computer software or hardware.
You may not use our Website to transmit unsolicited marketing material, make fraudulent offers, or participate in chain letter or pyramid type schemes.
You may not use our Website to collect, or attempt to collect personal third party information without their consent. This includes any sort of screen capturing or database scraping practices.
You may not use our Website to transmit material that infringes upon to the copyright, patent, trademarks, privacy, or any other property or intellectual property rights of a third party.
This list serves only to provide examples and is not meant to act as an exhaustive list of the types on unacceptable use that could result in one’s Site and/or Public Forum usage being terminated.
Any Posting you make on a Public Forum on our Site should not be deemed confidential. Using the Site to disclose personably identifiable information about yourself or a third party such as telephone numbers, addresses, or any other information by which a person’s identity could be derived from is strongly discouraged.
We reserve the right, but are not obligated, to remove any Postings on a Public Forum that disclose the personal information of a third party.
We are not liable for the use or misuse of our Public Forums.
By Posting on our Public Forums:
You represent that the Posting is original to you and does not infringe upon a third party’s, privacy, property, or intellectual property rights.
You represent that your Posting does not violate our previously mentioned Restrictions of Use, and all other restrictions spelled out in our Terms &; Conditions.
You waive all rights, and grant us royalty-free permission to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, create derivative works of, or use for commercial purposes, your posting (in whole or in parts).
You release us from all claims and demands that could potentially arise from a conflict with another user of this Website.
Content in third party Postings on our Public Forums is not endorsed by us. It is your responsibility to confirm the validity of any information, statements or claims made within third party Postings. We will not be held responsible for said claims. We do not necessarily share any opinions expressed by third party Postings on our Public Forums.
We are not responsible for monitoring or maintaining your Postings and reserve the right to remove or alter them at any time.
4. THIRD PARTY SERVICES AND PRODUCTS
We do not vouch for the persons, companies, or organizations whose goods or services may be displayed or accessed on our Site.
5. USER SUBMITTED CONTENT
Unless we specifically state otherwise or personally request it, any content we receive from you will not be deemed confidential. This includes content submitted digitally, by mail, or any other way.
Any submitted content (including but not limited to, information, audio, and video) is done so in agreement that we are granted royalty-free permission to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, create derivative works of, or use for commercial purposes, said content (in whole or in parts), and without acknowledging you as the source. WE HAVE NO LIABILITY FOR ANY PERSONAL LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.
6. LINKED CONTENT AND INTERFACING SITES
Periodically, Linked Content, or links to Interfacing Websites may appear on our Site. These may be presented by us, a third party, an application programming interface, or another method. Our Site’s inclusion of this linked content, or provision of links to Interfacing Websites does not constitute as an affiliation with us, nor does it represent our endorsement of any products, information, or materials present on such sites.
You release us from any direct or indirect liability in relation to any damage or personal loss suffered through interaction with this Linked Content or Interfacing Websites. This includes any information, products, or services marketed by these unaffiliated sites. This also includes any action brought against you by the Interfacing Website.
There may be an aspect of functionality on our Website that will require an Interfacing Website. Some Interfacing Websites may require you to register with them, and create a username and password. Since these websites are unaffiliated with us, we are in no way responsible for any information they may collect. We will never ask you for your password to an Interfacing Website. If you are unable to register with an Interfacing Website, some functionality on our Site may not be accessible to you.
We reserve the right to remove any Linked Content or links to Interfacing Websites where we have control, for any reason, at any time. In addition to these listed terms and conditions, you are also subject to the Terms & Conditions of the Interfacing Websites as well.
7. NO WARRANTIES
This Website is provided “as is”. Use of it is done at your own risk. We disclaim, to the fullest extent permitted by law, any and all expressed 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 our Website will be accessible, error-free, uninterrupted, or free from viruses. We do not guarantee that all content on the Site is accurate. While we take steps to secure the site, you acknowledge the internet is not a completely secure medium. We make no warranties that any content you transmit or post through our Site will be safe from unauthorized use. Any dissatisfaction you have with the site, your sole remedy is to discontinue use of the Website.
8. LIABILITY
The content on this website is “as is” and without any guarantees, conditions, or warranties as to its accuracy, to the extent permitted by law. Liability of Holla Spirits, LLC shall be limited to the fullest extent permitted by law. Any liability for consequential loss or damages incurred by users of this website, including the inability to use this site shall be limited to the furthest extend of the law. Holla Spirits, LLC is not responsible for the content of any other websites or platforms linked to this site and shall not be liable for any other loss or damages of any kind, even is foreseeable. No content on this website is directed at children or persons under twenty one years of age.
9. MALICIOUS OFFENSES
You must not misuse this site by knowingly introducing malicious code or attempting to gain access to this site or its hosts. All breaches will be reported to the relevant law enforcement authority. We will not be liable for any materials retrieved from this site or any damage caused by such act.
10. LINKING TO OUR SITE
You must not create a link to this website without our expressed written consent. You may not suggest any association with Holla Spirits, LLC or this website without our expressed written consent. All materials on this website are property of Holla Spirits, LLC. Please contact us if you wish to make use of materials found on this website.
11. TRADEMARKS
HOLLA and its associated logo/slogans are registered trademarks of Holla Spirits, LLC. Any infringement will be disputed.
12. INDEMNIFICATION
By using this website, you agree to indemnify, defend and hold harmless Holla Spirits, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all claims, damages, costs, expenses or demands, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. JURISDICTION
For users located in the United States these terms are governed and construed in accordance with the laws of the State of Delaware.
ONLINE SHOP SALES – TERMS AND CONDITIONS
Spirit and merchandise sales made on this website are subject to all posted warnings and return policies. Spirit sales are subject to Federal and State laws. Spirits sales on this site are only made to residents of Pennsylvania over 21 years of age and shipped in accordance with PA limited distillery laws. Shipped spirits require an adult signature of the recipient. Age verification requirements are mandatory to verify receipt and legal drinking age verification. Customer must be present for delivery and age verification. Holla Spirits is not responsible for return, re-shipping, or other related costs for packages returned not due to the fault of Holla Spirits. Any approved return is subject to a minimum $30 re-stocking charge. If delivery is refused by recipient or package is unclaimed for any reason, the order will not be refunded. All sales are final.
There are no returns accepted for spirits sales. The company is not responsible for damage that occurs during shipment by any carrier. Any order discrepancies must be reported in writing to a sales representative or [email protected] within three days of confirmed delivery. Packaging may vary from imagery.
The company reserves the right to refuse servicing orders for any reason, including but not limited to orders placed in error, improper coupons, equipment error, software glitches, incorrect item details, improperly obtained or hacked data, and/or legal violations. The company reserves the right to refuse service or ban customers for disruptive behavior in person or on digital media. Customers will be notified of canceled orders.
Sales conducted for delivery outside of Pennsylvania are sold or fulfilled by third party licensed retailers and are not the responsibility of Cloonaughill Celtic Malts, Inc. / Holla Spirits, LLC. Select products are currently shipped to: AK, AR, AZ, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, KS, KY, LA, MA, ME, MN, MO, MT, NC, NH, NE, NJ, NM, NV, NY, OH, RI, SC, TX, WI, WY. External orders are subject to each retailer or carrier’s separate terms and conditions of sale, damage, and return policies.
CONSENT – Please exit this site immediately if you do not accept the Terms & Conditions of use and/or Privacy Policy. All users of this website MUST be over 21 years of age or legal drinking age in user’s applicable territory.
Holla Spirits products are produced, blended, and/or bottled by Cloonaughill Celtic Malts, Inc., PA Limited Distillery LID #100809.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CONTACT- Holla Spirits, LLC | [email protected]
V 03.15.21