Terms & Conditions
(a) The following terms and conditions (“Terms”) constitute a binding agreement between you and Soirée , its affiliates, and its and their parent and subsidiary companies (collectively, “Soirée,” “we,” “us,” and “our”) with respect to your use of this website and any other Soirée owned websites, micro-sites, and social media pages and accounts (collectively, “Soirée Sites”), all Soirée-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Soirée Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Soirée Sites, Applications, or Services for any purpose.
(b) Additional policies, terms, and conditions applicable to certain Soirée Services, specific areas of certain Soirée Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Soirée Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Soirée Sites or Applications will be controlling with respect to those particular areas.
(c) Soirée reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Soirée Sites or Applications. Fraudulent behavior, [creating multiple accounts to acquire additional credits,] spamming, flaming, [and excessive use of profanity or abusive language], on Soirée Sites, Applications, or any other website in regards to Soirée, or while contacting any of our Member Services team, will not be tolerated.
Your use of the Soirée Sites, Applications, and Services is subject to our Privacy Notice, which applies to the collection, use, disclosure, and other processing of personal information by Soirée.
3. Your Account
(a) Registration. If you wish to utilize Soirée Services, you agree to complete the initial registration process according to the requirements stated on the applicable Soirée Services, and to provide accurate and complete information, including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Soirée Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and, if requested, card security code, at the time of submitting your order form. You represent and warrant to Soirée that your use of a payment card in connection with any purchase you make on or through Soirée Services is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Soirée if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.
(b) Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Soirée to charge such amount to your payment card at that time.
4. Disclaimer of Warranties
THE SOIRÉE SITES, APPLICATIONS, AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SOIRÉE SITES, APPLICATIONS, AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SOIRÉE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SOIRÉE NOR ANY PERSON ASSOCIATED WITH SOIRÉE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SOIRÉE SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SOIRÉE NOR ANYONE ASSOCIATED WITH SOIRÉE REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES, OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOIRÉE SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
5. Limitation of Liability
IN NO EVENT WILL SOIRÉE, ITS LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS, AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SOIRÉE SITES, APPLICATIONS, SERVICES, OR THEIR CONTENT IS AT YOUR SOLE RISK.
You agree to defend, indemnify, and hold harmless Soirée and its officers, directors, employees, agents, licensors, and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Soirée Sites, Applications, or Services.
The trademarks and service marks displayed on the Soirée Sites, Applications, and Services are the registered and unregistered trademarks, service marks, and trade dress of Soirée and its licensors. For a list of Soirée trademarks and service marks, please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Soirée Sites, Applications, and Services are trademarks, service marks, or trade dress of Soirée in the U.S. and other countries. Soirée’ trademarks, service marks, and trade dress may not be used in connection with any product or service that is not Soirée, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Soirée. All other trademarks not owned by Soirée that appear in any Soirée Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Soirée.
All content included on or made available through any Soirée Sites, Applications, and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Soirée or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Soirée Sites, Applications, and Services is the exclusive property of Soirée and protected by U.S. and international copyright laws.
9. Submitted Materials and Ideas
While we appreciate your interest in Soirée and our business, Soirée does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Soirée might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Soirée Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
10. Links to Third-party Websites
Soirée Sites, Applications, or Services may contain links to third-party websites. These links are provided for your convenience only. Soirée has no control over third-party websites, and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Soirée Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS PARAGRAPH CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SOIRÉE MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
(a) AGREEMENT TO ARBITRATE
(i) You and Soirée agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Soirée Terms, your use of Soirée Sites, Applications, or Services, or to any products sold or distributed by Soirée or through Soirée Sites, Applications, or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
(ii) There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(iii) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Soiree. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
(iv) The arbitration hearing will be held in New York, New York. You or Soirée may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Soirée subject to the arbitrator’s discretion to require an in-person hearing.
(v) The arbitrator will decide all claims in accordance with New York law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Soirée members, but is bound by rulings in prior arbitrations involving the same Soirée member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
(b) PROHIBITION OF CLASS, REPRESENTATIVE, AND CONSOLIDATED ACTIONS
(i) You and Soirée agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Soirée agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Soirée members.
(ii) If, for any reason, a claim proceeds in court rather than in arbitration, both you and Soirée each waive any right to a jury trial. You and Soirée also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(c) GOVERNING LAW AND JURISDICTION
(i) Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Soirée Sites, Applications, or Services, or any products sold or distributed by Soirée or through Soirée Sites, Applications, or Services, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
(ii) Unless you and Soirée agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action, or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Soirée Sites, Applications, or Services, or any products sold or distributed by Soirée or through Soirée Sites, Applications, or Services shall be instituted exclusively in the federal or state courts located in New York, New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(d) WAIVER AND SEVERABILITY
No waiver of these Terms by Soirée shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Soirée to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
12. United States Only
Unless otherwise specified, the Soirée Services are presented solely for the purpose of promoting products and services available in the United States. Soirée makes no representation that the Soirée Services are appropriate or available for use in other locations. If you access Soirée Services from locations outside the United States, you do so at your own risk, and you are responsible for compliance with any applicable local laws.
13. Entire Agreement
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Soirée with respect to the Soirée Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the sites.
(a) Soirée reserves the right to make changes to these Terms at any time. If Soirée makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at info@drinksoirée.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
(b) If you choose to continue using the Soirée Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
15. Contact Information
If you have questions or comments about these Terms or the Soirée Sites, Applications, or Services, please write, phone, or email us via the contact information below: