Creative Cocktail Experiences ™
- Effective Date
- Using Website Content & Images
- Website Rules
- Representations & Warranties
- User Representations & Warranties
- Liability Disclaimer
- Proprietary Rights
- Claims of Copyright Infringement
- Fitness for Use
- General Terms
- Contact Information
1. Effective Date: February 25, 2024Please read the following carefully as it governs your use of the web pages hosted by Pikeld Concepts website(s): ( pikeldconcepts.com ). By accessing or using our websites, you agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use Pikeld Concepts websites.
2. Using Website Content & ImagesThis website is accessible worldwide to anyone with Internet access. Accessing and using the Service and Site is subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. The works of authorship in this website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise stated, by Pikeld Concepts or one of its subsidiaries. Except as otherwise stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without Pikeld Concepts ’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Pikeld Concepts ’s proprietary rights provided you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as contained in information, as downloaded. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Pikeld Concepts reserves the right to change these terms and conditions. The changes will appear on this screen. By using Service and Site, you agree in advance to accept any changes. Materials used and displayed for Service and Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, and service marks, are the property of the Pikeld Concepts or its licensors and are protected by copyright, trademark, and other laws. Any such content may be displayed solely for your own personal, noncommercial use. Because certain information Pikeld Concepts is treated as proprietary, you agree not to change, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of Pikeld Concepts . Your use of the Service and Site is at your own risk. Neither Pikeld Concepts nor any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the Service and Site or arising out of any action taken in response to or as a result of any information available on the Service and Site. You hereby waive any and all claims against Pikeld Concepts and its agents, representatives, and licensors arising out of your use of the Service and Site and the information available thereon. Unauthorized use of this website and its systems, including but not limited to unauthorized entry into Pikeld Concepts ’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. You acknowledge that Pikeld Concepts may disclose and transfer any information that you provide through this Site to (i) any company within the Pikeld Concepts group, its affiliates, agents, or information providers; (ii) to any other person or entity with your consent, or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website, you agree to such transfers. Use of this website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked, and recorded. Anyone using this website expressly consents to such monitoring, tracking, and recording. Access to the Website may, from time to time, be unavailable, delayed, limited, or slowed due to:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities, or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility of service strike or other stoppages (whether partial or total) of labor;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention.
3. Website RulesIn order to provide a respected community on our website and to improve the safety and security of our website, we require that you adhere to the following rules:
- Do not give your username or password to others. You are responsible for maintaining the confidentiality of your username and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Pikeld Concepts immediately of any unauthorized use of your registration and password.
- Do not present Pikeld Concepts Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third-party website.
- Do not delete or revise any material posted by any other person or entity.
- Do not violate or attempt to violate the security of the Site.
- Do not access data not intended for your use.
- Do not log into a server or account that unless we authorize you to use it.
- Do not use the Site to advertise or offer to sell or buy any goods or services.
- Do not use the Site for any unlawful purpose or in any manner that would violate international, federal, or local laws or regulations, that would infringe any third party’s intellectual property rights, or in a manner that is defamatory, obscene, abusive or hateful.
- Do not attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Do not attempt to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail spamming” or “crashing”.
- Do not modify, adapt, translate, reverse engineer, de-compile, or disassemble any portion of the Site.
- Do not send SPAM or commercial emails of any kind and do not send any unsolicited email to individuals, entities, or Pikeld Concepts website users.
- Do not force any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Do not attempt to or actually access the website by any means other than through the interfaces provided by the website or by navigating to https://sapphire-falls.com/ using a web browser.
- Do not use manual or automated software, devices, script robots, or other means or processes to access, “crawl” or “spider” any web pages or other services contained in or on the Site.
- Do not utilize or copy information, content, or any data you view on and/or obtain from the Site to provide any service that is competitive with the website.
- Report inappropriate postings or conduct to Pikeld Concepts .
4. Representations & WarrantiesPikeld Concepts makes no representations or warranties with respect to these pages, their Content and Materials (including, without limitation, material communicated by third parties), or communications from Customer Service representatives, all of which are provided on an “as is” and “as available” basis. Pikeld Concepts disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Pikeld Concepts makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected, or that the pages or the server that makes them available are free from viruses, worms, or other harmful components. If your use of the website results directly or indirectly in the need for servicing or replacing equipment or data, Pikeld Concepts is not responsible for those costs. Pikeld Concepts also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by users or third parties, is accurate, complete, current, reliable, or truthful. Pikeld Concepts assumes no responsibility for the timeliness, deletion, incorrect delivery, or failure to store any user communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regards to its website, products, services, experience, recruiting, hiring, or otherwise. No advice or information obtained by any user from Pikeld Concepts or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by users or on any other form of communication with users will be at your own risk. Pikeld Concepts acts as, among other things, a portal for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring user-posted material or information, although it reserves the right to do so. Pikeld Concepts makes no representations or guarantees regarding the effectiveness or timeliness of the website in meeting the objectives of users. Pikeld Concepts does not guarantee that Documents created, checked, or reviewed using the website, Documents written by Pikeld Concepts , or materials posted by users will result in an agreement, contract, or successful application, for whatever reason made, made by any user or third party.
5. User Representations & WarrantiesYou hereby represent and warrant that you:
- are using the Content and Materials solely for your own personal use and not for any business or research purpose;
- are not a human resource specialist, researcher, hiring manager or other similar employee of a business or organization that is accessing employment hiring or firing Content and Materials for use in your job duties or for the benefit of your employer or organization;
- will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and
6. Liability DisclaimerYOU EXPRESSLY UNDERSTAND AND AGREE THAT Pikeld Concepts AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY Pikeld Concepts , AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
8. Claims of Copyright InfringementIf you have a good faith belief that materials available on the Site infringe your copyright, send Pikeld Concepts a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send Pikeld Concepts a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (for details see https://www.copyright.gov ). Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) 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.
9. Fitness for UsePikeld Concepts makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local (Tennessee) laws. Return to Top
10. General Terms
IndemnityYou agree to defend, indemnify, and hold harmless Pikeld Concepts (and its officers, directors, employees, and agents) from and against any third-party claims, actions, or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the website, Documents posted by you on the website or distributed by you through the website or your breach of this Agreement. Pikeld Concepts shall use reasonable efforts to provide prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.
Term and TerminationThis Agreement is effective until terminated. Pikeld Concepts , at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination may happen without prior notice, including deactivation or deletion of your password and username, and all related information and files associated with it. Pikeld Concepts shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination.
Governing LawIn the event of any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Pikeld Concepts . The user’s access to and the use of this Site, and the terms of this disclaimer are governed by the laws of the State of Tennessee.
SeverabilityIf any provision on these Terms and Conditions is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Term and Termination provision above, the invalidity or termination of such provision shall not affect the validity of the remainder of these Terms and Conditions. Our failure to act on or enforce any provision shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees. Return to Top
317 Main St.
Franklin, TN 37064 Return to Top