TERMS OF USE

The following Terms of Use (“Terms”) constitute an agreement between Sip and Feast, Inc. (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), located at https://sipandfeast.com. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the “Company Content.”

By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.

CHANGES TO THESE TERMS

Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.

Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS

Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:

• Privacy Policy, located at sipandfeast.com/privacy-policy, which defines Company’s practices related to consumer privacy and data usage.
• Disclaimer, located at sipandfeast.com/disclaimer, which reviews Company’s liability for aspects of the Company Content

PERMITTED USERS

This Website is meant for users over 18 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.

PURCHASE POLICIES

On the Website, you may purchase products (“Products”) from the online store. 

Order Acceptance and Cancellation

By placing an order to purchase Products on the Website, your order is considered an offer to buy, under the terms set forth in these Purchase Policies, the products and/or services listed in your order. Company may review your order and determine whether or not to accept it; however, Company is not obligated to accept any order.

Company reserves the right, but is not obligated to, limit the sale of Products to any person, geographic region, or jurisdiction. Company may exercise this right on a case-by-case basis. Company may exercise its right to reject your order, even if you have received confirmation of the purchase. In such circumstances, you will be refunded for any payments made at the time you submitted your order.

Company reserves the right to limit quantities of Products available for purchase, even if such Products are available digitally.

Prices

All prices listed on the Website are subject to change without notice. The price you will be charged will be the price in effect at the time you submit your order. Any applicable sales tax or other charges will be added to your total before the purchase is completed.

Company strives to ensure that all information displayed on the Website related to the Products is accurate, including pricing, availability, and product descriptions. In the event that Company discovers an error in any Product information, including pricing, Company reserves the right to make corrections to an inaccuracies or incorrect information. Company reserves the right to cancel orders for Products that contained errors. 

Occasionally, Company may offer discounts on its Products. Such discounts are offered in Company’s sole discretion. Company reserves the right to limit discounts to particular time periods or particular Products. Discounts may be available for a limited time. After the expiration of a discount offer, Company will not honor the past discount.

Company will not offer refunds for failure to apply a discount at the time of purchase. Additionally, Company does not offer price adjustments for discounts offered after the time of purchase.

Payments

Unless otherwise stated, payments are due and will be collected at the time you place your order. Company will collect all payments through the Website, which are processed through Company’s payment processor. All acceptable methods of payment will be listed at the time of purchase.

By purchasing any Product(s), you agree to pay the total amount due and authorize Company, through its payment processor, to charge your payment method under the payment method you choose for the amount listed. By entering the payment information, you represent a) that all payment information is true and accurate, b) that you are authorized to use the payment method, and, c) all charges you incur will be honored by your payment method. 

Refunds

You may request a refund within __ days of receipt of your Product. You agree that you have received and carefully reviewed the refund policy prior to making any purchase on the Website.

If you live in a jurisdiction that has rules regarding refunds that conflict with these Purchase Policies, Company will honor the rules of the jurisdiction, if applicable to the type of purchase you have made.

You agree that you have reviewed the applicable refund policies and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy in Company’s defense against the request. 

Licensed to Use the Products

Company is the creator and owner of the Products, subject to any licensed materials which authorize Company to utilize certain content within the Products. Company reserves all rights in the Products. Unauthorized use of any of Company’s intellectual property will be considered infringement and Company reserves all rights and remedies.

By purchasing the Products, Company is granting you, the purchaser, a revocable limited license for your personal use of the Product(s). Commercial use of the Products is strictly prohibited. You may not share, distribute, display, perform, resell, republish, or create derivative works based upon the Products.

For clarification, this means that you, the purchaser, are permitted to use the Products that you purchase; however, you may not share the Products with any third party. Additionally, you may not reproduce or resell the information to third parties.

Communication about Products

If you purchase a Product, you will enter your email address at the time of purchase. You agree that we may email you regarding this purchase. 

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

• Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content or Website;
• Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
• Modification of any Company Content or information on the Website.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.

You must not use the Website for any third-party marketing without Company’s express written permission.

ARTIFICIAL INTELLIGENCE

Company does not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.

INTELLECTUAL PROPERTY RIGHTS

Copyright

Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Content Contributed to the Website

In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Grant of Rights

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

CONTRIBUTION POLICY

The Website may offer the option for you to leave comments or reviews, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator or Company;
• sexually explicit or pornographic material, violence, or discriminatory materials;
• spam or any other prohibited commercial activities;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts;
• any material that may be deceptive;
• contributions that may violate the legal rights of a third party; or,
• any other contribution deemed by Company to be unacceptable.

Company’s sole discretion will be used to determine if a contribution is in violation of this policy. Any contribution in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.

CHANGES TO THE COMPANY CONTENT

Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

MONITORING AND ENFORCEMENT

Company has the right to:

• remove or refuse to post any contribution for any reason, in Company’s sole discretion.
• Take any action, including deletion, with respect to any contribution made to the Website.
• Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
• Take appropriate legal action for any illegal or unauthorized use of the Website.

Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.

TERMINATION

The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.

LINKS FROM THE WEBSITE

Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.

THIRD PARTIES

The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Suffolk County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.

 The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.

All notices with respect to the Terms must be in writing and may be via email to privacy@sipandfeast.com​ for Company and to your email address.

UPDATED: December 2023