Privacy Policy

Thank you for visiting www.xratedfusion.com (the "Site"). The Site is controlled and operated by Skyy Spirits LLC, a Delaware limited liability company (Skyy Spirits), having its principal place of business at One Beach Street, Suite 300, San Francisco, CA 94133.

Below is our Privacy Policy governing our use of information gathered about you through your use of the Site. Although Skyy Spirits is committed to maintaining your confidence and trust in all of our activities with you, this Privacy Policy does not govern our collection of data about you through channels other than this Site.

Privacy Policy. This privacy policy applies to the Site. By accessing the Site, you acknowledge that you have read and accept this privacy policy. If you have any questions about this policy, please contact: xratedfusionliqueur@qualitycustomercare.com.

Identifying Information. The Site may use "cookies." Cookies are small text files that are placed on a visitor's computer hard drive that, among other things, allow Skyy Spirits to record how many times a user or computers within a user's network of computers has visited the Site, the number of times various pages of the Site have been accessed and other such information. We use this information to help us improve this Site. You may disable receipt of cookies using features of your Web browser that disable or turn off cookies. We do not use cookies to retrieve information that is unrelated to your visit to or your interaction with the Site. Skyy Spirits also collects your Internet protocol ("IP") address. An IP address is a number that is assigned to your computer when you use the Internet. The IP address data that we collect does not contain any personally identifiable information about you and is used to aSkyy Spiritsnister our site and to gather broad demographic data.

Third Parties. Skyy Spirits does not sell or rent to third parties any information acquired about visitors to this Site through their use of this Site. However, as Skyy Spirits continues to develop, we might sell or buy the assets of similar companies. In such transactions, customer and user information generally is one of the transferred business assets. Also, in the event that Skyy Spirits or substantially all of its assets are acquired, such information may be one of those transferred assets, and we reserve the right to buy or sell such assets.

Children's Privacy Protection. The Site does not target children or provide products or services for use by children. Skyy Spirits does not knowingly collect information from persons under the legal drinking age. If you are not of legal drinking age, you may not use the Site.
Policy Changes. While we reserve the right to change this policy at any time without advance notice, if we do change our policy, the new policy will not go into effect until it is posted here. We also reserve the right to add features designed to elicit consumer information. If we do decide to add any such features, we will clearly mark these features and explain the nature and potential use of the data collected.

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Copyright © 2009 Skyy Spirits LLC. All rights reserved.

Terms and Conditions of Use

Thank you for visiting www.xratedfusion.com (the "Site"). The Site is controlled and operated by Skyy Spirits LLC, a Delaware limited liability company (Skyy Spirits), having its principal place of business at One Beach Street, Suite 300, San Francisco, CA 94133.

These Terms and Conditions of Use expressly incorporate by reference and include any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you.

When entering the Site, you agree to the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. Skyy Spirits reserves the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time. We encourage you to review these Terms and Conditions of Use from time to time because any changes are binding on you:

1. You must be of legal drinking age to use this site.

2. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Skyy Spirits. Neither title nor intellectual property rights are transferred to you by use of or access to this Site. All rights, title and interest in and to all aspects of the Site remain the property of Skyy Spirits. Material on this Site is provided for lawful purposes only.

3. UNDER NO CIRCUMSTANCES SHALL SKYY SPIRITS OR ITS AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, Skyy Spirits DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Skyy Spirits DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT Skyy Spirits) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

4. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to Skyy Spirits, including without limitation, product or advertising ideas, (collectively, the "Submission") will forever be the exclusive property of Skyy Spirits, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgment for the Submission. Without limitation, Skyy Spirits will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You agree not to submit any infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not Skyy Spirits, have full responsibility for the message, including its legality, reliability, and originality.

5. It is our policy to promptly respond to claims of copyright infringement and comply with all provisions of the Digital Millennium Copyright Act (the "DMCA"). [If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
a. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
b. A statement that this person is authorized to act on behalf of the copyright owner.
c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law.
d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site.
e. Your address, telephone number, and e-mail address.

Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: xratedfusionliqueur@qualitycustomercare.com.

6. This Site may contain links to other Internet sites and resources. Skyy Spirits is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Skyy Spirits. Because Skyy Spirits is not responsible for the availability of these outside resources or their content, you should review the Terms and Conditions of Use of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site a Skyy Spirits administrator or Webmaster.

7. This agreement shall be governed in accordance with the laws of the United States and the State of Texas, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide information about X-RATED® Fusion Liqueur®. Skyy Spirits makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.

8. The following trademarks and all related logos and designs used herein are owned by Skyy Spirits and/or its affiliates, subsidiaries, parent or related companies:
a) X-RATED® logo design
c) X-RATED® trade name; and
b)Fusion Liqueur® trade name.

The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.

9. This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms and Conditions of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.

10. You may access the Site for your personal, noncommercial use only, but may not reproduce or post the content anywhere on the Internet or elsewhere. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Skyy Spirits or the copyright holder identified in the individual content's proprietary notices including copyright notice.

11. A user must be of legal drinking age to visit this Site.

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Copyright © 2009 Skyy Spirits LLC. All rights reserved.