Terms of Service

Alcohemy Pty. Ltd. Terms of Service

Alcohemy.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate others whose lives have been touched by Addiction and Recovery. The services offered by Alcohemy Pty. Ltd. Alcohemy.com (“Alcohemy.com” or “we”) include the Alcohemy.com website (the “Alcohemy Pty. Ltd. website”), the Alcohemy.com Internet messaging service, and any other features, content, print material and publications, or applications offered from time to time by Alcohemy.com in connection with the Alcohemy Pty. Ltd. website (collectively, the “Alcohemy Pty. Ltd. services”). The Alcohemy Pty. Ltd. services are based in Australia and hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Alcohemy Pty. Ltd. services. By using the Alcohemy Pty. Ltd. services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Alcohemy Pty. Ltd. website) or you are a “Member” (which means that you have registered with Alcohemy.com). The term “Member” refers to a Visitor or a Member. You are only authorized to use the Alcohemy Pty. Ltd. services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Alcohemy Pty. Ltd. website and discontinue use of the Alcohemy Pty. Ltd. services immediately. If you wish to become a Member, communicate with other Members and make use of the Alcohemy Pty. Ltd. services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Alcohemy.com’s policy for acceptable use of the Alcohemy Pty. Ltd. services and Content posted on the Alcohemy Pty. Ltd. website, your rights, obligations and restrictions regarding your use of the Alcohemy Pty. Ltd. services. In order to participate in certain Alcohemy Pty. Ltd. services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Alcohemy Pty. Ltd. services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Alcohemy Pty. Ltd. may modify this Agreement from time to time and such modification shall be effective upon posting by Alcohemy Pty. Ltd. on the Alcohemy.com website. You agree to be bound to any changes to this Agreement when you use the Alcohemy Pty. Ltd. services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Alcohemy.com and that you provide to other members. Your Alcohemy.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Alcohemy.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Alcohemy.com assumes no responsibility or liability for this material. If you become aware of misuse of the Alcohemy Pty. Ltd. services by any person, please contact Alcohemy Pty. Ltd. at admin{at}alcohemy.com.

Alcohemy Pty. Ltd. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or cancel your access to all or any part of the Alcohemy Pty. Ltd. services at any time, for any or no reason, with or without prior notice, and without liability. Alcohemy Pty. Ltd. expressly reserves the right to remove your profile and/or restrict, suspend, or cancel your access to any part of Alcohemy Pty. Ltd. services if Alcohemy Pty. Ltd. determines, in its sole discretion, that you pose a threat to Alcohemy Pty. Ltd. and/or its members.

  1. Eligibility. Use of and Membership in the Alcohemy Pty. Ltd. services is void where prohibited. By using the Alcohemy Pty. Ltd. services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Alcohemy Pty. Ltd. services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be canceled without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Alcohemy Pty. Ltd. services or are a Member. You may cancel your Membership at any time, for any reason, by emailing a membership termination request to david(at)alcohemy.com. Alcohemy.com may cancel your Membership at any time, without warning. Even after Membership is canceled, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that Alcohemy.com reserves the right to charge for the Alcohemy Pty. Ltd. services and to change its fees from time to time in its discretion. If Alcohemy.com cancels your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Alcohemy.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The Alcohemy Pty. Ltd. services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Alcohemy Pty. Ltd. Illegal and/or unauthorized use of the Alcohemy Pty. Ltd. services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Alcohemy Pty. Ltd. website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Alcohemy Pty. Ltd. services.
  6. Proprietary Rights in Content on Alcohemy.com.
    1. Alcohemy.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Alcohemy Pty. Ltd. services. After posting your Content to the Alcohemy Pty. Ltd. services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Alcohemy Pty. Ltd. services, you hereby grant to Alcohemy Pty. Ltd. a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Alcohemy Pty. Ltd. services.
      Without this license, Alcohemy Pty. Ltd. would be unable to provide the Alcohemy Pty. Ltd. services. For example, without the right to modify Member Content, Alcohemy.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Alcohemy Pty. Ltd. could not allow members to listen to music posted by Members. The license you grant to Alcohemy Pty. Ltd. is non-exclusive (meaning you are free to license your Content to anyone else in addition to Alcohemy Pty. Ltd.), fully-paid and royalty-free (meaning that Alcohemy Pty. Ltd. is not required to pay you for the use on the Alcohemy Pty. Ltd. services of the Content that you post), sublicensable (so that Alcohemy Pty. Ltd. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Alcohemy Pty. Ltd. services), and worldwide (because the Internet and the Alcohemy Pty. Ltd. services are global in reach). This license will terminate at the time you remove your Content from the Alcohemy Pty. Ltd. services. The license does not grant Alcohemy.com the right to sell your Content, nor does the license grant Alcohemy Pty. Ltd. the right to distribute your Content outside of the Alcohemy Pty. Ltd. services
    2. You represent and warrant that: (i) you own the Content posted by you on or through the Alcohemy Pty. Ltd. services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Alcohemy Pty. Ltd. services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Alcohemy Pty. Ltd. services.
    3. The Alcohemy Pty. Ltd. services contain Content of Alcohemy.com (“Alcohemy.com Content”). Alcohemy.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Alcohemy.com owns and retains all rights in the Alcohemy.com Content and the Alcohemy Pty. Ltd. services. Alcohemy Pty. Ltd. hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Alcohemy.com Content (excluding any software code) solely for your personal use in connection with viewing the Alcohemy Pty. Ltd. website and using the Alcohemy Pty. Ltd. services.
    4. The Alcohemy Pty. Ltd. services contain Content of members and other Alcohemy.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Alcohemy Pty. Ltd. services.
  7. Content Posted.
    1. Alcohemy Pty. Ltd. may delete any Content that in the sole judgment of Alcohemy.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Alcohemy Pty. Ltd. assumes no responsibility for monitoring the Alcohemy Pty. Ltd. services for inappropriate Content or conduct. If at any time Alcohemy Pty. Ltd. chooses, in its sole discretion, to monitor the Alcohemy Pty. Ltd. services, Alcohemy Pty. Ltd. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the member submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Alcohemy Pty. Ltd. services, and any material or information that you transmit to other Members and for your interactions with other members. Alcohemy Pty. Ltd. does not endorse and has no control over the Content. Content is not necessarily reviewed by Alcohemy.com prior to posting and does not necessarily reflect the opinions or policies of Alcohemy Pty. Ltd. Alcohemy Pty. Ltd. makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Alcohemy Pty. Ltd. services. Alcohemy Pty. Ltd. reserves the right to investigate and take appropriate legal action against anyone who, in Alcohemy Pty. Ltd.’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Alcohemy Pty. Ltd. services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Alcohemy.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person’s consent; or
    15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
      The following is a partial list of the kind of activity that is illegal or prohibited on the Alcohemy Pty. Ltd. website and through your use of the Alcohemy Pty. Ltd. services. Alcohemy Pty. Ltd. reserves the right to investigate and take appropriate legal action against anyone who, in Alcohemy Pty. Ltd.’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

      1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Alcohemy Pty. Ltd. services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Alcohemy Pty. Ltd. services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Alcohemy.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Alcohemy.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Alcohemy Pty. Ltd. services, you acknowledge that you will have caused substantial harm to Alcohemy Pty. Ltd., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Alcohemy Pty. Ltd. $50 for each such unsolicited email or other unsolicited communication you send through the Alcohemy Pty. Ltd. services;
      3. covering or obscuring the banner advertisements on your personal profile page, or any Alcohemy.com page via HTML/CSS or any other means;
      4. any automated use of the system, such as using scripts to add friends or send comments or messages;
      5. interfering with, disrupting, or creating an undue burden on the Alcohemy Pty. Ltd. services or the networks or services connected to the Alcohemy Pty. Ltd. services;
      6. attempting to impersonate another Member or person;
      7. copying the code for your Alcohemy.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;
      8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      9. selling or otherwise transferring your profile;
      10. using any information obtained from the Alcohemy Pty. Ltd. services in order to harass, abuse, or harm another person;
      11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Alcohemy Pty. Ltd. services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
      12. using the Alcohemy Pty. Ltd. services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Alcohemy Pty. Ltd. to cancel Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Alcohemy Pty. Ltd. by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Alcohemy Pty. Ltd. services in a way that constitutes copyright infringement, please provide our Alcohemy Pty. Ltd. with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Alcohemy Pty. Ltd. services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Alcohemy Pty. Ltd.’s address for notice of claims of copyright infringement can be reached as follows: Alcohemy Pty. Ltd., PO Box 7459, Urangan, Qld 4655, Australia.
  10. Member Disputes. You are solely responsible for your interactions with other Alcohemy.com Members. Alcohemy Pty. Ltd. reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the Alcohemy Pty. Ltd. services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. Alcohemy Pty. Ltd. is not responsible for any incorrect or inaccurate Content posted on the Alcohemy Pty. Ltd. website or in connection with the Alcohemy Pty. Ltd. services, whether caused by members of the Alcohemy Pty. Ltd. services or by any of the equipment or programming associated with or utilized in the Alcohemy Pty. Ltd. services. Profiles created and posted by Members on the Alcohemy Pty. Ltd. website may contain links to other websites. Alcohemy Pty. Ltd. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Alcohemy Pty. Ltd. Inclusion of any linked website on the Alcohemy Pty. Ltd. services does not imply approval or endorsement of the linked website by Alcohemy Pty. Ltd. When you access these third-party sites, you do so at your own risk. Alcohemy Pty. Ltd. takes no responsibility for third party advertisements which are posted on this Alcohemy Pty. Ltd. website or through the Alcohemy Pty. Ltd. services, nor does it take any responsibility for the goods or services provided by its advertisers. Alcohemy Pty. Ltd. is not responsible for the conduct, whether online or offline, of any User of the Alcohemy Pty. Ltd. services. Alcohemy Pty. Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. Alcohemy Pty. Ltd. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Alcohemy Pty. Ltd. services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Alcohemy Pty. Ltd. services. Under no circumstances shall Alcohemy Pty. Ltd. be responsible for any loss or damage, including personal injury or death, resulting from use of the Alcohemy Pty. Ltd. services, attendance at a Alcohemy Pty. Ltd. event, from any Content posted on or through the Alcohemy Pty. Ltd. services, or from the conduct of any Users of the Alcohemy Pty. Ltd. services, whether online or offline. The Alcohemy Pty. Ltd. services are provided “AS-IS” and as available and Alcohemy Pty. Ltd. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Alcohemy Pty. Ltd. cannot guarantee and does not promise any specific results from use of the Alcohemy Pty. Ltd. services.
  13. Limitation on Liability. IN NO EVENT SHALL ALCOHEMY PTY. LTD. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ALCOHEMY PTY. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALCOHEMY PTY. LTD.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALCOHEMY PTY. LTD. FOR THE Alcohemy Pty. Ltd. SERVICES DURING THE TERM OF MEMBERSHIP.
  14. Downloading or using the Software available in connection with the Alcohemy Pty. Ltd. services (the “Software”), is at your sole risk.
  15. Disputes. If there is any dispute about or involving the Alcohemy Pty. Ltd. services, you agree that the dispute shall be governed by the laws of Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Queensland. Either Alcohemy Pty. Ltd. or you may demand that any dispute between Alcohemy Pty. Ltd. and you about or involving the Alcohemy Pty. Ltd. services must be settled by arbitration, provided that the foregoing shall not prevent Alcohemy Pty. Ltd. from seeking injunctive relief in a court of competent jurisdiction.
  16. Indemnity. You agree to indemnify and hold Alcohemy Pty. Ltd., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Alcohemy Pty. Ltd. services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Alcohemy Pty. Ltd. website or through the Alcohemy Pty. Ltd. services causes Alcohemy Pty. Ltd. to be liable to another.
  17. Other. This Agreement is accepted upon your use of the Alcohemy.com website or any of the Alcohemy Pty. Ltd. services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Alcohemy Pty. Ltd. regarding the use of the Alcohemy Pty. Ltd. services. The failure of Alcohemy Pty. Ltd. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Alcohemy is a trademark of Alcohemy Pty. Ltd.. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.