Terms
of Use
Welcome to the TipsyChicken Web Site ("Site").
Please review the following basic terms that govern your use of and
purchase of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by those terms
(the "Agreement").
GENERAL
We may from time to time change the terms that govern your use of
our Site. Your use of our Site following any such change constitutes
your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site
from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other materials
that appear as part of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by TipsyChicken,
Inc. collectively, and its subsidiaries and/or affiliates ("TipsyChicken").
The Site as a whole is protected by copyright and trade dress, all
worldwide rights, titles and interests in and to which are owned by
TipsyChicken. The Contents of our Site, and the Site
as a whole, are intended solely for personal, noncommercial (other
than for the purchase of merchandise from our site) use by the users
of our Site. You may download or copy the Contents and other downloadable
materials displayed on the Site for your personal use only. No right,
title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any of
the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to TipsyChicken on
or by this Site or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, "Comments") shall
be and remainTipsyChicken's property.
Such disclosure, submission or offer of any Comments shall constitute
an assignment to TipsyChicken of all worldwide rights,
titles and interests in all copyrights and other intellectual properties
in the Comments. Thus, TipsyChicken will own exclusively
all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. TipsyChicken
is and shall be under no obligation (1) to maintain any Comments in
confidence; (2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate
any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You further agree that
no Comments submitted by you to the Site will be or contain libelous
or otherwise unlawful, abusive or obscene material. You are and shall
remain solely responsible for the content of any Comments you make.
You agree that TipsyChicken may use and/or disclose
information about your demographics and use of the Site in any manner
that does not reveal your identity. By participating in Site sweepstakes,
contests, promotions, and/or requesting promotional information or
product updates, you agree that WhenYouGottaGo may
use your information for marketing and promotional purposes.
TipsyChicken's COMMUNICATIONS TO YOU
You agree that TipsyChicken may send electronic mail
to you for the purpose of advising you of changes or additions to
this Site, about any of TipsyChicken products or
services, or for such other purpose(s) as TipsyChicken
deems appropriate.
PRODUCT INFORMATION
Most TipsyChicken products displayed at the Site
are available in select stores in the United States and select foreign
markets while supplies last. In some cases, merchandise displayed
for sale at the Site may not be available in stores. The prices displayed
at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
COLORS
We have made every effort to display as accurately as possible the
colors of our products that appear at the Site. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and
resources, the availability and content of which TipsyChicken
does not control, any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular outside
service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WhenYouGottaGo
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE
OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on TipsyChicken.com
that contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, and availability. We
reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice
(including after you have submitted your order). We apologize for
any inconvenience this may cause you. If you are not completely satisfied
with your TipsyChicken.com purchase you may return
it with your invoice to TipsyChicken.com by mail.
Please see our Return Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold TipsyChicken
harmless from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of
the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent TipsyChicken
products are offered for sale in the United States through this Site,
this Site and the Contents thereof are displayed solely for the purpose
of promoting TipsyChicken's products and services
available in the United States and select foreign markets.
This Agreement shall be construed in accordance with the laws of the
State of Louisiana, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively
by the state and federal courts of the State of Louisiana.
TERMINATION
This Agreement is effective unless and until terminated by either
you or TipsyChicken. You may terminate this Agreement
at any time. TipsyChicken also may terminate this
Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in TipsyChicken's
sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of this Agreement by either you or
TipsyChicken, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies
of such materials, whether made under the terms of this Agreement
or otherwise.
