TERMS OF USE

TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE.

Thank you for visiting the website displayed at www.drinkUME.com (the “Site”), operated by Plumeshu, Inc. (“Plumeshu”). Your use of the Site is conditional upon your acceptance of these terms and conditions of use, including our Privacy Policy (collectively, the “Terms of Use”). The Site and the Terms of Use set forth the basic terms and conditions between you and Plumeshu and its successors, parents, subsidiaries, affiliates and related companies or other companies under common control that we may have now, or in the future, operate and control (the “Company,” “we”, “our”, “use”). By accessing, using, or submitting to the Site, including any social media profiles, pages, or applications linked on, or linking, the Site, you agree to be bound by the Terms of Use, including any additional terms and condition or policies referenced herein or available by hyperlink. You agree that Plumeshu may make this and future agreements with you by electronic means and that such agreements are valid and enforceable. We reserve the right to modify, suspend, or discontinue any portion, features, or content of the Site at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability. We have the right, but are under no obligation, to restrict, terminate, or sensor your use of the Site, linked forums or social media, and/or content submitted by you.

The Site is only intended for persons who are lawfully permitted to purchase, consume or distribute alcoholic beverages, in jurisdictions where the sale, advertising and consumption of alcoholic beverages is lawful, and that you are so lawfully permitted. You represent that information supplied to us in order to access the Site is true and accurate. By using the Site, you agree that you accept our Terms of Use and agree to be bound by them. In addition, you agree not to share any of the content found on the Site with anyone who is not lawfully permitted to consume alcohol beverages. Please immediately leave the Site if you do not accept any of our Terms of Use.

In addition to the Terms of Use, we have a Privacy Policy to explain how we collect and use information about visitors to the Site. A copy of our Privacy Policy can be found here: https://www.drinkume.com/privacy-policy/. By visiting the Site you are also agreeing to our Privacy Policy.

Intellectual Property Rights

All intellectual property rights displayed on the Site, or in any of the materials contained within the Site, including but not limited to trademarks, patents, designs, logos, text, audio and video materials, source code, website structure (collectively, the “IP”) are owned by us, our subsidiaries, affiliates or any of our partners or licensees. All IP is protected by laws and treaties around the world. You may not remove any notices from our IP on the Site. Any use or reproduction of the IP is prohibited.

We respect the intellectual property rights of others and require that visitors to the Site do the same. If you believe that your intellectual property rights have been violated or suspect any constitute copyright infringement, please forward the following information to our Copyright Agent named below:

Your address, telephone number, and email address; A detailed description of the work that you believe has been infringed and where the alleged infringing material is located; A written statement by you certifying that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner or an agent; A signature (electronic or physical) of the person authorized to act on behalf of the copyright owner; A statement by you made under penalty of perjury that all the information contained in your notice is true and accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Plumeshu Copyright Agent: info@drinkplum.com

Interfacing Websites

From time to time, we might display content hosted by websites, social media accounts and other online materials unaffiliated with the Site (“Unaffiliated Materials”). You acknowledge and agree that we have no responsibility for the Unaffiliated Materials displayed on the Site. We do not endorse any Unaffiliated Materials, or any of their content. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or about your use of any materials available on any Unaffiliated Materials or any information you may give to the Unaffiliated Materials.

Materials and Ideas Submitted by You

Unless specifically requested, we do not want any materials or ideas submitted by you. Please refrain from submitting anything through the Site. Anything submitted by you (“Submissions”) shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Plumeshu. You acknowledge and agree that Plumeshu assumes no obligation of confidentiality or nondisclosure, express or implied by considering your Submissions. Plumeshu, without limitation, shall be entitled to the rights and unrestricted use of the Submissions in whole or in part for any purpose whatsoever and without any form of compensation, notice or consent. You agree to not submit any defamatory, malicious, obscene, or pornographic content to the Site or any forum linked to the Site. You also agree not to upload or transmit any virus, trojan, malware, or other harmful code onto or through the Site or use any information from the Site to for taking any such harmful or malicious act effecting Plumeshu or any third party or its systems, infrastructure, or resources.

Warranties and Limitation of Liability

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE MADE WITH RESPECT TO THIS SITE, PLATFORM, OR ANYTHING CONTAINED THEREIN.

You hereby agree to indemnify and hold harmless Plumeshu and its affiliates and any of their respective officers, agents, directors, employees or any other representatives from any and all losses, liabilities, damages, penalties, fines, interest, judgments, awards, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) arising from any claims of third parties arising out of your access to or use of the Site, breach of the Terms and Conditions, negligence, willful misconduct, violation of applicable law, or infringement of the intellectual property rights of Plumeshu or any third party.

IN NO EVENT SHALL PLUMESHU OR ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, DIRECTORS, EMPLOYEES OR ANY OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF INCOME, PROFIT, GOODWILL, DATA, DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES, LIABILITIES, EXPENSES, AND CLAIMS ARISING FROM YOUR USE OF THE SITE EXCEED AN AGGREGATE AMOUNT OF $10.00, WHETHER PURSUANT TO APPLICABLE LAW OR OTHERWISE. TO THE EXTENT A COURT OF COMPETETANT JURISDISCTION DEEMS ANY PORTION OF THE FOREGOING DISCLAIMER OF DAMAGES OR LIMITATIONS OF LIABILITY UNENFORCEABLE, THE REMAINING PORTION SHALL REMAIN IN FULL FORCE AND EFFECT AND EACH PART OF THE FOREGOING SHALL BE CONSTRUED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You hereby waive all claims against Plumeshu and its affiliates, agents, representatives and licensors arising out of your use of the Site.

Termination

At its sole discretion, Plumeshu may discontinue or modify the Site, or may terminate your access to the Site for any reason, with or without notice to your and without any liability to a third party.

Governing Law

These Terms of Use, including the Privacy Policy and any matter relating to the Site shall be governed by the laws of the state of New York without regard to conflict of law rules. Any action or proceeding arising out of or related to the Terms of Use shall be the exclusive jurisdiction of the courts of New York and you consent to the jurisdiction in New York.

Miscellaneous

These Terms of Use including our Privacy Policy, constitute the entire agreement between us and you. Plumeshu’s failure to enforce any of the provisions contained in the Terms of Use shall not be deemed a waiver of such provision or the waiver of a right to enforce such provision. We may amend these Terms of Service from time to time in our sole discretion. We are under no obligation whatsoever to inform you of any such amendments. This policy was last amended on October 5, 2023.

If you have any questions or comments regarding our Terms of Use, email us at info@drinkplum.com

Thank you for visiting!