Welcome to Cheers Virginia! Cheers Virginia is a Virginia craft alcohol information service. By using Cheers Virginia’s Web sites, defined to include all properties (mobile, Web or otherwise) owned and operated by Cheers Virginia, related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”). Additionally, please review our Cancellation & Refund Policy for memberships.

The following terms apply to everyone who uses Cheers Virginia’s Services, and they govern the relationship between Cheers Virginia and our users during their use of Cheers Virginia’s Services.

Please read these Terms carefully before using our Services. By accessing and using our Services, you explicitly agree to comply with and be bound by our Terms of Use.

Service

Cheers Virginia is a site that is intended to inform everyone about Virginia craft alcohol production.  Cheers Virginia allows users (“Sellers”) to offer and sell their products directly to other users (“Buyers”). Cheers Virginia, is neither the buyer nor the seller of the products and is not a party to the contract of sale of products between the Sellers and the Buyers. Products offered for sale through the Cheers Virginia Website are neither owned nor come into the possession of Cheers Virginia at any time.

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Cheers Virginia has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Compliance with Laws

The Seller shall comply at all times with all applicable laws, regulations (including product safety and product marking laws and regulations) and Trading Standards requirements in respect of the manufacture, packaging, marking, certification and delivery of the Products it sells.

Data Privacy

Our Privacy Policy and governs our collection, use, and disclosure of your personal information, is incorporated into this Terms of Use. By using our Services, you consent to our Privacy Policy.

Materials You Provide

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively “User Content”) that you post, submit, publish, display or link to through the Services or send to other Cheers Virginia users. We reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use. You agree to provide accurate, complete, current, and truthful information when you add or edit facts about you, or otherwise provide content via the Services. You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any law, rule, or regulation. You agree not to post copyrighted material without permission from the owner of the copyright. When you provide User Content via our Services, you grant Cheers Virginia a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us. You agree that you will not claim or submit listings that do not belong to you.

You agree that you will not use any information about Cheers Virginia users that is transferred to you during your use of Cheers Virginia’s Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with services. You further agree never to use such information for any illegal or harmful purpose. You understand and agree that any User Content that you post or submit to Cheers Virginia may be redistributed through the Internet and other media channels, and may be viewed by the general public. We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Intellectual Property and Licenses

Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access this Site, use our Services, and print the Materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Site, Services, or Materials; or frame any part of our Site or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Services, and to block or prevent future access to and use of the Site or Services.

All materials in Cheers Virginia’s Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of Cheers Virginia, its suppliers, its licensors, or its users, and are protected by intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission.

Claims of Copyright Infringement

Cheers Virginia respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Cheers Virginia.

Fees

The fees we charge for using our Services are listed on our Service Fees page. You must have a payment method on file when using Cheers Virginia and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel.

No Warranties

This site, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. All use of Cheers Virginia’s Site, Materials, and Services is at your sole risk. No advice of information, whether oral or written, obtain from Cheers Virginia will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services.

Notwithstanding Cheers Virginia’s appointment as the limited payment collection agent of the Sellers for the purpose of accepting payments from users on behalf of the Sellers, Cheers Virginia explicitly disclaims all liability for any act of omission of any Seller or Buyer or other third party.

Cheers Virginia takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services.

Cheers Virginia is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.

User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Cheers Virginia, and Cheers Virginia shall not be responsible for any data lost while transmitting information on the Internet. While it is Cheers Virginia’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Cheers Virginia, access to the Site may be interrupted, suspended or terminated from time to time.

Cheers Virginia shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Cheers Virginia may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

If we believe you are abusing Cheers Virginia in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user accounts and access to our Services, delay or remove hosted content, remove any special status associated with your accounts, remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

General release

If a dispute arises between one or more participants, Cheers Virginia shall be release from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Limitation of Liability

In no event shall Cheers Virginia be liable for any indirect, special, incidental, consequential or punitive damage, arising out of or in any way connected with the use of this Site, the Materials, or our Services.

Governing Law

These Terms of Use will be interpreted, construed and enforced in all respects in accordance with the laws of Virginia, and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Virginia.

General

Cheers Virginia Ltd. is located in Richmond, Virginia.

Modification

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site or Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Effective Date: December 1, 2016.

Cheers Virginia! © 2011 to 2019, ALL RIGHTS RESERVED.

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