Terms of service

OVERVIEW

This website is operated by Ape Beverages. Throughout the site, the terms “we”, “us” and “our” refer to Ape Beverages. Ape Beverages offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor‘s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

ou acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party‘s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments‘), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on the Privacy Policy Section.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is‘ and ‘as available‘ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ape Beverages, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ape Beverages and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - TERMS & CONDITIONS - CASTING CALL - NEXT APE

APE WATER - FEATURED APE

OFFICIAL RULES

Ape Beverages, Inc. (“Sponsor”) is the owner of the Ape Water beverage brand (the “Brand”) and will be conducting the “Featured Ape” contest (the “Contest”). By submitting a Submission to the Contest, you (“You”) acknowledge that you have read and agree unconditionally to be bound by and comply, in full, with these Official Rules and the decisions of Sponsor, and that you satisfy all eligibility requirements.

The Contest is open to all humans age 18 or older at time of Submission. The Contest shall be governed by the laws of the State of Delaware and shall be subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.No purchase is necessary to enter or win the Contest.No purchase will improve your chances of winning.

CONTEST:

Sponsor will select one (1) cryptographic non-fungible token (“NFT”) from the Bored Apes Yacht Club collection (the“BAYC Collection”) to be featured on the next SKU of Brand canned water products.

To enter the Contest, you must submit your NFT wallet address and corresponding NFT image via the Google Form titled “Open Casting Call”, and follow all onscreen instructions on such Google Form.

WINNERS/PRIZES:

There shall be one (1) winner (the “Winner”) of the “Prize” (as described below) who will be chosen at random, by a process determined by Sponsor, in Sponsor’s sole and absolute discretion.

The Prize shall be the featuring of Winner’s Collection NFT on Brand products pursuant to the “License” (as described below).

If Winner is unable to receive the Prize or does not contact Sponsor in order to accept the Prize, the Prize will be forfeited, and an alternate Winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that Prize. The Prize may not be transferred or assigned except by Sponsor. Sponsor may elect to provide the winner with a separate prize of similar value to the Winner, in Sponsor’s sole discretion.

The Winner will be selected in a random drawing from all eligible entries received. Sponsor will conduct a random drawing on or about September --, 2022. Sponsor makes no representation or guarantee as to the results of your Submission in the Contest. Sponsor’s determination of the Winner is binding, final, and indisputable, pending verification of eligibility and continued compliance with these Official Rules.

LICENSE:

The Winner will be required to complete and return (i) an email confirmation of Prize acceptance, and (ii) Sponsor’s Official NFT and Intellectual Property License (the “Sponsor License”), in form presented by Sponsor, pursuant to which the Winner will license the rights to the Winner’s Collection NFT to Sponsor for use and exploitation in association with Brand products, in consideration of a license fee equal to Ten Thousand Dollar ($10,000) (the“Fee”) for a period of one (1) year, on a royalty-free basis.

If a Winner cannot be contacted, or if the Winner refuses to execute the Sponsor License, or if Sponsor determines that Winner cannot validly enter into the License, or if the selected Winner cannot accept or receive the Prize for any reason, or the Winner is not in compliance with these Official Rules o the License at any time, the Prize will be immediately and automatically forfeited and may be awarded to an alternate winner. Sponsor reserves its sole and absolute right to not award the Prize at all.

If the Winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, Sponsor may, in its sole and absolute discretion, award the applicable Prize to the Winner’s parent or legal guardian who will be required to execute an affidavit on the minor’s behalf. The Prize is not redeemable for cash and is non-assignable and non-transferable except to a surviving spouse. The Winner is solely responsible for all federal, state, and local taxes of any nature, manner, or kind, including without limitation sales and income taxes, related to the Prize. Any other incidental expenses related to any Prize not specified herein are the sole responsibility of Winner. Submission into the Contest constitutes permission to Sponsor to use your name, image, and likeness for promotional purposes in any and all media, without further compensation due to you, except where prohibited by law.

You hereby agree to comply at all times, in full, with these Official Rules and the decisions of the Sponsor, and hereby release, and agree to indemnify, defend and hold harmless the Sponsor and its affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each, from all claims and liability relating to your participation in the Contest and/or your acceptance and/or use of the Prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use or redemption of the Prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.

REPRESENTATIONS/WARRANTIES:

You hereby irrevocably represent and warrant that: (a) any and all personal information submitted by you in connection with the Contest (including without limitation age and date of birth) is complete and accurate; (b) you have the full right, power, and authority to enter into and fully comply with these Official Rules and to grant the rights granted to Sponsor hereunder free of any claims, liens, or encumbrances; (c) you have the requisite consents, permissions, licenses, and approvals to enter the Contest and grant Sponsor any and all rights granted hereunder, free and clear of any and all claims, liens, or encumbrances; and (d) you have never been convicted of any misdemeanor or felony.

You acknowledge and agree that the Sponsor does not make, nor is in any manner responsible for, and Sponsor expressly disclaims any and all warranties, representations, expressed or implied, in fact or in law, related to the quality, conditions, fitness or merchantability of any aspect of the Prize, including without limitation any implied warranties of merchantability, warranties of fitness for a particular purpose or particular quality, or otherwise.

The Winner will be required to complete and return IRS Form W-9 (Request for Taxpayer Identification Number and Certification) within seven (7) days of written request.

In the event of a dispute over the identity of an online entrant, Submission will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of Submission. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Submission materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or incomplete entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest.

By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules shall result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify from the Contest any person it believes has violated these Official Rules and cancel the Contest if it becomes technically corrupted (including if a computer virus, bot or system malfunction inalterably impairs its ability to conduct the Contest). Warning: ANY ATTEMPT BY AN individual, whether or not an ENTRANT, TO DELIBERATELY DAMAGE, destroy, tamper or vandalize this WEB SITE OR interfere with the OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES and diligently pursue all remedies against ANY SUCH individual TO THE FULLEST EXTENT PERMITTED BY LAW.

RELEASE:

By participating in the Contest, you hereby unconditionally and irrevocably agree to release, discharge and hold harmless: Sponsor, and its parents, subsidiaries, franchisees, affiliates, assigns, licensees, and the respective officers, directors, employees, and agents of each (each of the foregoing, a “Released Party”) from and against any claim, suit, proceeding, liability, or cause of action arising out of or in connection with (i) your participation in the Contest, (ii) your Submission itself, or (iii) unintentional receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to the submission of your Submission or the determination of the Winner; (c) printing errors or any errors made in the advertisement of the Contest; (d) errors in the administration of the Contest, the processing of entries, or the announcement of prizes; (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, the Submission itself or receipt or use of any Prize; or (f) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted. You hereby waive the right to claim, seek, or obtain any damages, costs, expenses, or liabilities whatsoever, including without limitation punitive, consequential, direct, or indirect damages. You further agree that you do not have the right to seek any injunctive or equitable relief of any kind in connection with the Contest. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property resulting from the Contest or relating to the delivery and/or subsequent use or misuse of any prizes awarded.

INDEMNITY:

You hereby agree to indemnify, defend and hold each of Sponsor and its parents, affiliates, and subsidiaries and each of their respective officers, directors, members, managers, employees, agents, and stakeholders harmless from and against any and all claims, damages, expenses, suits, proceedings, costs (including reasonable attorneys’ fees) and liabilities (including settlements), due to, in connection with, or arising out of: (a) your Submission in the Contest; (b) your conduct in entering the Contest; (c) any breach or violation by you of any of these Official Rules or any warranty, representation or undertaking made by you hereunder; and (d) any act or omission that constitutes your negligence, gross negligence, or wilful misconduct.

DISPUTES:

This Contest shall be governed by and interpreted under the laws of the State of Delaware without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Contest shall be resolved, individually and without class action, shall not be submitted to any court, but may instead only be submitted, as the exclusive venue for resolution of such dispute, to private, confidential, binding arbitration. Such arbitration shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association (unless the Parties agree on one (1) arbitrator), and such arbitration shall be held in Los Angeles County, California. The decision of the arbitrator shall be final, conclusive and binding upon the Parties and enforceable in any court of competent jurisdiction.

GENERAL TERMS:

Any participation in the Contest whatsoever constitutes your full and unconditional agreement to and acceptance of these Official Rules, including without limitation any decisions of the Sponsor, which are final and binding. Sponsor reserves the right to update and change these Official Rules from time to time without notice to you. Entries and information submitted by you in connection with the Contest becomes the exclusive property of Sponsor upon submission. The Sponsor reserves the right in its sole discretion to disqualify any entrant that Sponsor finds to be tampering or interfering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner, including, without limitation, any “voter fraud” or fraud of any other kind whether it is executed by a computer (“bot”) or human or otherwise, including without limitation clicking on any form of response mechanism to increase votes, or skew results, and to disqualify any entries or votes submitted by such an individual. The Sponsor’s failure to enforce any term, condition, or obligation of these Official Rules shall not constitute a waiver of such term, condition, or obligation.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at

ape@apebeverages.com.

Our contact information is posted below:

ape@apebeverages.com

6733 W Hepburn Way, Los Angeles, CA 90038