Last Modified and Effective Date: March 22, 2020
- ACCESS RESTRICTED TO INDIVIDUALS OF LEGAL DRINKING AGE
- COLLECTION, USE & DISCLOSURE OF INFORMATION
- TRACKING TECHNOLOGIES
- SHARING YOUR INFORMATION/DISCLOSURE TO THIRD-PARTIES
- CHOICES AND OPT-OUT
- SECURITY AND STORAGE OF INFORMATION
- THIRD PARTY APPLICATIONS/WEBSITES
- PRIVACY INQUIRIES AND CORRECTING YOUR INFORMATION
- INFORMATION FOR EU RESIDENTS
- INFORMATION FOR CALIFORNIA RESIDENTS
ACCESS RESTRICTED TO INDIVIDUALS OF LEGAL DRINKING AGE
JUNESHINE, INC SITES AND ADVERTISING ARE INTENDED ONLY FOR PERSONS OF LEGAL DRINKING AGE BASED ON THE JURISDICTION WHERE SUCH CONTENT IS BEING ACCESSED OR VIEWED. YOU WILL BE REQUIRED TO VERIFY YOUR DATE OF BIRTH PRIOR TO ENTERING OR INTERACTING WITH A SITE. AGE VERIFICATION PROMPTS MAY ALSO BE LOCATED WITHIN THE SITES.
It does not apply to information we obtain in our capacity as an employer. For information on how JuneShine will process your information where you apply for a job with us, please see our separate fair processing notice which can be found when you apply for a job.
COLLECTION, USE, AND DISCLOSURE OF INFORMATION
JuneShine collects personal information relating to you in a variety of ways depending on how you interact with us. The following represents a non-exhaustive list of common activities with examples of the type of information that we collect from and about you, and how we use that information (collectively, “Information”):
Type of Information
Primary Purpose for Collection & Use
Contact customer service, make inquiries, or otherwise communicate with us
Contact information (e.g., name, home or physical address, email address, telephone number, and mobile phone number).
Some of our Sites utilize live or automated conversation systems, or “chat bots,” that allow us to interact with customer, help customers buy goods and services, and answer a wide variety of questions. When you communicate with our chat bots, we collect the content that you send to us in order to reply. For more information about our use of chat bots, please go to Terms & Conditions.
We have a legitimate interest in receiving, and responding to your inquiries and acting upon your feedback or issues.
Opt in to receive promotional communications
Contact information (e.g., name, home or physical address, email address, telephone number, and mobile phone number);
We share information about new products, events, and promotions with individuals that have opted in to receive such information. We also have a legitimate interest in sharing information about our products or services.
Contact information (e.g., name, home or physical address, email address, telephone number, and mobile phone number);
Billing and shipping information (e.g., credit/debit card number, expiration date, CVV code, billing and shipping addresses and contact information).
We use your information to perform our contract to fulfill your order and process your transactions/payments.
Register for an account
Contact information (e.g., name, home or physical address, email address, telephone number, and mobile phone number);
Username and passwords used to access Sites, including verification through social media platforms.
We have a legitimate interest in administering your account and providing account related functionalities. Accounts can be used for easy checkout and to save your preferences and transaction history.
Interact with us on social media
Social media account information (e.g., user name and passwords, profile images, and other images that you make available such as user-generated content).
We have a legitimate interest providing customers with a means for interacting with us on social media.
We also have a legitimate interest in understanding customer perception of our brands and products, creating content tailored to our followers, understanding industry trends, improving customer experience, and developing products that would be of interest to our followers.
Enter a promotion, sweepstakes, contest, or other special offer
Government identification numbers (which may include, if you are resident in the US, Social Security Number (in limited circumstances, for example if you win a sweepstakes or receive compensation that must be reported on government tax forms)).
We have a legitimate interest in operating the sweepstakes, contests, and special offers, including notifying you if you are selected. In some contexts we are also required by law to collect information about those that enter into our sweepstakes, and we have a legitimate interest in complying with those laws.
Complete a survey or voluntarily provide information about yourself
Demographic information including date of birth, gender, interests, state, zip/postal code, time zone, country, and language;
Preferences, shopping habits, and other lifestyle information, including product wish lists, order history, marketing preferences, and cell phone carrier.
We have a legitimate interest in understanding our users and providing tailored services.
We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Interact with our Site, emails, and/or online advertisements
Search queries, Application usage data;
Server log file location, internet service provider, mobile or other device identifier (e.g., UDID and MEID), user agents, or IP address;
Information collected through cookies, tags, pixels, clear pixels, beacons, and other similar technologies;
Referring and exiting websites/URLs (including click through URL and pixel tags);
Browser and device information (including platform and version);
Geo-location information such as your precise or approximate location.
We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent, such as when we obtain your consent for the deployment of cookies on our Sites.
We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful.
We have a legitimate interest in monitoring our networks and the visitors to our Sites. We also have a legitimate interest in detecting and preventing fraud.
Although the above chart describes examples of information we collect and our primary purpose in collecting such information, in many situations we have more than one legitimate purpose. For example, if you complete an online order we collect your payment and shipping information to perform our contract with you (e.g., to process and fulfill your order), but we also collect your information because we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon: (i) your consent (e.g., to place cookies or for marketing), (ii) the performance of our contract with you (e.g., to provide you with products and services you have requested); (iii) compliance with legal obligations (e.g., where we are required to disclose information to a court or tax authority); and/or (iv) our legitimate interests in conducting our business.
To the extent that any Information is considered “personal information” by local law, we treat this information as such and ensure that our handling of this information complies with all applicable data privacy and protection laws. To the extent permitted by applicable law, any Information you provide to us directly may be combined with other Information that you provide to us through other channels, that is publicly available, or that we may otherwise obtain, including from third parties.
- How We May Collect Information: JuneShine may collect Information from the following:
- From You (e.g., information, such as date of birth, gender, hobbies and interests, consumption habits, zip/postal code and your preferred means of communication when you voluntarily provide it);
- Our Sites and Applications (e.g., when you purchase a product on an e-commerce Site or opt-in to receive promotional emails);
- Offline (e.g., customer service inquiries, sweepstakes);
- Online tracking technologies, including cross-device tracking (e.g., service file logs, IP address, cookies, tags, pixels, clear pixels, gifs, bugs, beacons, and other similar technologies, some of which may enable JuneShine or our service providers to identify you and collect information about you across devices and Sites);
- Mobile usage ((i.e., information learned from our mobile application, such as your device’s latitude and longitude or your device’s location capabilities (e.g., GPS, Wi-Fi, Bluetooth signal, beacons, LED light chips or other similar technologies)) and 3rd party mobile pay applications or services;
- Through your browser or device (e.g., certain information, including your computer type, operating system name and version, IP address, Media Access Control (“MAC”) address, language, Internet browser type and version, and service provider that is often automatically collected by most browsers);
- Through website analytics and advertising features (e.g., Google Analytics, Google Analytics Demographics, Interest Reporting, Adobe Flash technologies including but not limited to Adobe Flash Local Stored Objects, Quantcast);
- Other Sources (e.g., public databases; joint marketing partners, social media platforms, from people with whom you are connected on social media platforms, public forums, and from other third parties).
- Identify you when you visit our Sites;
- Send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
- Administer your account on any of our Sites, including rewards programs, sweepstakes, and contests for which you enter, including notifying you of the results.
- Please note that some promotions have additional rules, which could contain additional information about the use and disclosure of your Information;
- Send you marketing communications and updates about JuneShine for which you have opted in (e.g., emails, push notifications, SMS and MMS messages);
- Deliver customized or targeted advertisements to you;
- Send you transactional emails about purchases made on our Sites, including order confirmation and abandoned cart emails;
- Fulfill your order and process transactions/payments;
- Provide customer support and respond to your inquiries and fulfill requests;
- Allow you to send messages to a friend (legal drinking age only) through the Sites. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s contact information;
- Conduct marketing research and analysis;
- Personalize your experience on our Sites, including displaying content based upon your location, past purchases, interests, as well as Information collected across devices and Sites;
- Diagnose, enhance and improve our products, services, Sites, content, advertising, and promotions;
- Comply with or enforce applicable legal requirements, including complying with laws outside of your country of residence;
- Respond to requests from governmental authorities, including those outside of the country of residence;
- Use your Information for other purposes on an anonymized or aggregate basis; or
- As otherwise required by law.
Cookies and Tracking Technologies. JuneShine utilizes “cookies”, “tags”, “pixels”, “clear gifs” and other similar tracking technologies on our Sites. A cookie is a text file that is placed on your computer or other mobile device when you access the Sites or the Internet. These technologies allow us to collect Information about your interaction with our Sites and advertisements. Examples of such Information may include, but are not limited to: demographic Information, browser type, IP address, pages viewed, activity conducted, and timing of your visit.
Different types of cookies may be used for different purposes on our Sites. These are known as: required cookies, functional cookies, and advertising cookies. Some cookies may be provided by an external third party to provide additional functionality to our Sites and these are included below. You may at any time "opt out" of certain tracking mechanisms. However, disabling such cookies may prevent you from using certain features or taking full advantage of all our offerings on our Site.
These cookies are necessary to enable the basic features of this site to function, such as providing secure log-in or remembering how far you are through an order. If you do not agree to the Required Cookies, then you will not be able to use the Sites.
These cookies allow us to analyze your use of the site to evaluate and improve our performance. They may also be used to provide a better customer experience on this site. For example, remembering your log-in details, saving what is in your shopping cart, or providing us information about how our site is used.
These cookies are used to show you ads that are more relevant to you. We may share this information with advertisers or use it to better understand your interests. For example, Advertising Cookies may be used to share data with advertisers so that the ads you see are more relevant to you, allow you to share certain pages with social networks, or allow you to post comments on our site.
Additionally, you may at any time "opt out" of certain tracking mechanisms through your browser settings. However, disabling such features may prevent you from using certain features or taking full advantage of all our offerings on our Site. Please refer to your browser Help instructions to learn more about cookies and other tracking devices and how to manage their use. If you use another computer or change browsers, you will need to repeat the process of refusing or deleting cookies. For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.
- Affiliates. We share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies and brands under common control).
- Marketing Partners. We share information with service vendors/providers that help us to evaluate and improve our marketing and promotional efforts, content, products and services, to better understand customer interests and preferences, to provide you relevant information, and to conduct joint marketing programs.
- Service Vendors/Providers. We share information with service vendors/providers that help us with certain business activities, including but not limited to processing credit card transactions, administering promotions, fulfilling and shipping your order, assisting us in Site operations, providing customer service (e.g., telephone, online, or via chat bots), and delivering email communications.
- Corporate Change. We may share information in connection with a corporate change including a merger, acquisition, or sale of assets, including during the planning and negotiation stages.
- Certain Other Disclosures Without Your Consent. We may disclose information as required by law, such as in conjunction with a government inquiry or to comply with a subpoena, warrant, court order, or similar legal process. We may also share your information when we believe in good faith that disclosure is necessary to protect our rights, to defend against a legal claim, to protect your safety or the safety of others, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, or a violation of our policies.
- CHOICES AND OPT-OUT
- Emails. We may use your email address to send emails, newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions included in emails you receive from us, or by contacting us using the details below.
- Mobile Marketing (SMS and MMS) Updates. We may send you text messages relating to our brands, promotions, and other legitimate purposes. If you choose to join a mobile marketing list or participate in any text message program with us, there are typically message and data costs associated with receiving SMS (text) or MMS (multimedia) messages. These will vary based on your wireless carrier and plan. Check with your mobile carrier to determine what charges may apply. If you would like to stop receiving messages from us on your mobile device, reply to the message with “STOP” (or other message as instructed). You may also contact your mobile carrier for additional information on receiving or stopping mobile messages.
- Location Services. If you have previously enabled location sharing on your computer or mobile device, you may be able to opt out from further sharing by changing the settings on your computer or mobile device or by uninstalling the Application. We will not use any precise location data without your prior consent, which may be obtained directly by us or through our service providers or media partners.
- Push Notifications. If you wish to disable push notifications on your mobile device, refer to Settings on your mobile device.
- Third Party Analytics.
- Google Analytics: For more information on how to opt out of our use of Google Analytics and our use of its Advertising Features visit https://tools.google.com/dlpage/gaoptout and http://www.google.com/safetycenter/tools/#manage-your-ads-preferences.
- Quantcast: For more information on or to opt-out of Quantcast, visit their site at https://www.quantcast.com/opt-out.
- DAA Opt-Out Page: Users can opt out of additional tracking and targeted advertising, including Google Analytics and Quantcast, via the Digital Advertising Alliance’s (“DAA”) opt-out page and the Networking Advertising Initiatives’ (“NAI”) opt-out page at http://www.aboutads.info/choices/ and http://www.networkadvertising.org/choices/, respectively.
We will store your Information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this notice. In some circumstances, we may store your Information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements.
Social Networks/Online Communities
On certain Sites, we may enable you to access online communities for sharing information such as messages, photos, and videos. We may also enable you to post content from some Sites to your profile on other social networks. We cannot control any policies or terms of such third party social networks. For example, sharing such information with Facebook may require us to implement cookies and/or APIs in order to facilitate the communication between our Sites and Facebook. That information, shared through cookies and/or APIs, then becomes subject to Facebook’s Data Policy, located at https://www.facebook.com/full_data_use_policy. As a result, we cannot be responsible for any use of your information or content by a third party social network, which you use at your own risk.
Widgets and Interactive Applications
10051 Old Grove Rd.
San Diego, CA 92131
INFORMATION FOR EU RESIDENTS
- Legal Basis for Processing. All processing (i.e., collection and use) of your Information is based on one of a number of legal conditions. Generally, these include:
- Your consent (for example, to place cookies which process Information, or to receive marketing communications from us);
- The performance of our contract with you (e.g., to process your payment or shipping information in order to fulfil your order);
- Compliance with a legal obligation (e.g., where we are required to disclose information to a court or a tax authority); and
- Our legitimate interests, provided these do not override your fundamental rights and freedoms (e.g., where we carry out research and analysis to improve our Site, products and services).
- To obtain a copy of your Information together with information about how and on what basis that Information is processed;
- To rectify inaccurate Information (including the right to have incomplete Information completed);
- To erase your Information (in limited circumstances, where it is no longer necessary in relation to the purposes for which it was collected or processed);
- To restrict processing of your Information where:
- The accuracy of the Information is contested;
- The processing is unlawful but you object to the erasure of the Information;
- We no longer require the Information but it is still required for the establishment, exercise or defense of a legal claim;
- To challenge processing which we have justified based on a legitimate interest (as opposed to your consent, or to perform a contract with you);
- To prevent us from sending you direct marketing;
- To withdraw your consent to our processing of your Information (where that processing is based on your consent);
- To object to decisions which are based solely on automated processing or profiling; and
- To obtain, or see a copy of the appropriate safeguards under which your Information is transferred to a third country or international organization.
Please contact us using the details above to exercise your rights. As noted above, we will request proof of identity, and verify such identity. Additionally, we reserve the right to charge a fee where permitted by law, including for example, if your request is manifestly excessive or unfounded. Lastly, we will respond to your requests within the applicable timeframes and consistent with applicable regulations.
You should be aware that JuneShine is headquartered in the United States with corporate offices abroad. Your Information may be transferred to and stored in the United States for processing. By submitting your Information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.
In relation to both internal transfers and the use of affiliates, service providers or suppliers, for information that is transferred outside the European Economic Area ("EEA"), we enter into data transfer agreements, use the EU Commission approved Standard Contractual Clauses, or rely on certification schemes such as the EU - US Privacy Shield. You may have a right to request additional details about the mechanisms under which your data is transferred outside the EEA. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information above.
- California Information Sharing Disclosure. California law indicates that organizations should disclose whether certain categories of information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we collect and share in the chart below. Please note that because this list is comprehensive it may refer to types of information that we collect and share about people other than you.
- Rights of California Residents. Subject to applicable law, as a resident of California, you may have certain rights with respect to your personal information. These rights may include the following:
- To request access to the personal information that we hold about you. Additionally, if you would like to obtain a list of any Information JuneShine has disclosed about you to third parties for direct marketing purposes during the preceding calendar year, please send a written, signed request to JuneShine by mail at the address above.
- To request that JuneShine deletes your Information (in limited circumstances).
Terms and Conditions of Use
Last Modified and Effective Date: March 22, 2020
By using this Site, you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. In particular, these Terms and Conditions contain an arbitration agreement, which limits your rights to bring an action in court and have disputes decided by a judge or jury, and provisions that limit our liability to you. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site.
This “Site” (as defined below) is owned and operated by JuneShine (“JuneShine”, “us” “our” or “we”). This is contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and the JuneShine entity who owns the digital property that you are using. These Terms & Conditions of Use (the “Terms & Conditions”) set forth the legal terms and conditions governing Sites and online advertisements. “Site(s)” means JuneShine websites, social media pages that we control, promotional sites, widgets and mobile sites and applications, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application or service, in which case such different policy shall govern and control).
- This website is operated by JuneShine, Inc. Throughout the site, the terms “we”, “us” and “our” refer to JuneShien, Inc. JuneShine, Inc. 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 Terms of Service
By agreeing to these Terms of Service, you represent that you are at least 21+ years of age.
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.
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.
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.
Prices for our products are subject to change without notice.
Section 2: General Terms and Conditions
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.
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 Return 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.
Section 3: Accuracy, Completeness and Timeliness of Information
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.
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.
PRIVACY STATEMENT; MARKETING COMMUNICATIONS
- SITE IS INTENDED FOR LEGAL DRINKING AGE CONSUMERS ONLY
- You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not permitted to access or use the Site, including accessing advertising or marketing information on the Site. No one under the age of 21 may access the Site.
- If you are of legal drinking age, you acknowledge and agree that you will not forward this Site or share Content (as defined in Section 5A below) from this Site with underage persons.
- You must be of legal drinking age to purchase or consume any JuneShine alcohol beverage products or to participate in any of our promotions/offers on this Site or otherwise.
- APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES
- JuneShine products and services are available throughout the world. Certain Sites (including particular brand and business unit Sites) may describe products and services that are only available in certain jurisdictions.
- JuneShine Sites are governed by the laws applicable in the respective jurisdictions where we operate.
UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS
Your use of the Sites and continued use of the Sites following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site or we send an email to all users for whom JuneShine (or the appropriate business unit) has contact information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.
- LICENSE TO USE THE SITE
- JuneShine grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions.
- You may not use the Site or Content other than as expressly permitted by Section 5(A) above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.
- You agree to report any violation of these Terms and Conditions by others of which you become aware.
- Any violation of these Terms may result in restrictions on your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of JuneShine.
- INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
- Any and all rights in a Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of JuneShine or the third party from which the Content was licensed.
- In certain jurisdictions, JuneShine licenses and distributes a particular brand and all associated trademarks from a third party. In these cases, any and all rights in the third party intellectual property shall remain the exclusive property of the third party, and all rights shall inure to its benefit. In certain cases, Sites and online services may contain various third-party names, trademarks, and service marks that are the property of their respective owners.
- All Sites and associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
- Except as expressly permitted in writing by JuneShine in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose.
- Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon the rights of JuneShinerights or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of JuneShine or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual noncommercial use only. Any unauthorized use of the Content of a Site may subject you to civil or criminal penalties.
- USER GENERATED CONTENT; ACCEPTABLE CONTENT
- Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to JuneShine. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories
- Any material or communication transmitted by you to a Site will not be treated as confidential.
- You may not post or transmit to a Site any Submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted.
- You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead.
- You will not post or transmit any Submissions to a Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by JuneShine.
- You agree that your Submissions will not incorporate, encourage, or condone:
- Criminal activity or conduct that gives rise to civil liability;
- Any form of violence, hatred or harassment;
- Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc.
- You agree that your Submissions will not depict, promote, or encourage:
- Irresponsible consumption of alcohol;
- Consumption of alcohol by anyone under the legal drinking age.
- Engaging in any skilled or dangerous activity while consuming alcohol.
- You agree that your Submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by JuneShine.
- JuneShine reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.
COPYRIGHT POLICY/INFRINGEMENT NOTICES; DIGITAL MILLENNIUM COPYRIGHT ACT
JuneShine respects the intellectual property rights of others, and we expect that you do the same. JuneShine may at its sole and absolute discretion, disable and/or terminate accounts of users who may or are alleged to be infringing the intellectual property rights of others.
In the United States, JuneShine will respond to allegations of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work is infringed by Content appearing on the online services, please provide a written DMCA notice to JuneShine with the below information.
If you believe that your intellectual property rights have been violated, please provide the Copyright Agent (below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the work or other intellectual property that you claim has been infringed;
- A description of the material that you claim infringes on your intellectual property and the material’s location;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the identified use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner's behalf.
If JuneShine receives such a notification, we reserve the right to remove or delete the allegedly infringing material. JuneShine will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. JuneShine will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto.
10051 Old Grove Rd.
San Diego, CA 92131
To the extent permitted under DMCA in the United States, any user whose material has been removed or disabled in accordance with this Policy may provide JuneShine with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
- The user's electronic or physical signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which JuneShine may be found and that you will accept service of process from the person who provided the initial notification of infringement.
- UNSOLICITED IDEAS
- JuneShine does not accept unsolicited ideas or concepts. We are unable to review any ideas or concepts that arise outside of the JuneShine business. You and your heirs and assigns expressly waive any and all claims, now or in the future, in connection with any product, design, or concept similar to your submission, including if you send any unsolicited ideas or concepts to us. Should you submit any unsolicited ideas or concepts through the Site, you hereby grant JuneShine permission to use such content in any manner, including reproduction, transmission, publication or broadcast without compensation.
- Certain parts or features of a Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content on the Site (“Account Information”). Examples of Account Information include but are not limited to user name, address and contact information, and profile picture. The decision to provide this Account Information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Site.
- You agree that you will not provide any false information to us, or create an account for anyone other than yourself without permission.
- You shall not create more than one personal profile. JuneShine reserves the right to remove or reclaim any Account Information from a Site in our sole discretion, and further reserves the right, with or without notice, to terminate your password and membership to such Site or to all JuneShine Sites, for any reason or no reason at all. If we disable your account, you agree that you will not create another one.
- If you register with a Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your account so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer, or assign your account.
- You understand and agree that JuneShine shall not have any liability to you or any other person for any termination of your access to the Sites or the removal of Account Information concerning your account. JuneShine will determine your compliance with these Terms and Conditions in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.
- CHAT FUNCTIONALITY; CHAT BOTS
- Certain Sites may feature chat functionality. In certain instances, this may be manned by a person, and in other cases this may be through automated conversation systems, or “chatbots,” that utilize artificial intelligence. For example, chatbots may be accessed on our Sites (via web widgets), via SMS, and via messaging apps such as Facebook Messenger.
- Given that these automated chatbots are managed through artificial intelligence, and often through third-party platforms, we make no warranties, implied or express, or make any representation concerning the accuracy, results, or reliability, or correctness of the materials and responses.
- LINKING; THIRD PARTY SITES AND CONTENT
- You must obtain JuneShine permission to link to this Site. JuneShine will only authorize links in its discretion, and then only when the majority of the actual audience of the third party site is of legal drinking age in the applicable jurisdiction. If we allow you to link to a Site, you may link only to the home page, or the portion of the Site specifically authorized by JuneShine, and which is freely accessible and not subject to any restrictions such as a paywall, authorized user account or other password protection or authorization. The link must be in plain text, unless otherwise approved in writing. The link to the Site must not damage, dilute or tarnish the goodwill associated with any JuneShine brands and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with JuneShine. You may not “frame” the Site or alter its Content in any other way. JuneShine reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that JuneShine deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms and Conditions.
- The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, designs, sound, video, music, information, software applications, plug-ins, and other Content originating from third parties (collectively, “Third Party Content”). JuneShine is not the owner of, does not control, does not monitor, and is not responsible for any Content or performance of any Third Party Content linked to or referenced on our Site.
- Although this Site may be linked to other sites, JuneShine does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and conditions and policies no longer govern.
- In some cases, we may use a third-party service to process purchases and entries made through the Sites, including but not limited to reservation sites, eCommerce/online retail shop sites, and promotional websites. In these cases, your transaction will be subject to the third party’s policies. We have no control over, and are not responsible for, third party’s actions or sites.
- YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. WE BEAR NO RESPONSIBILITY FOR ANY ISSUES THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY CONTENT.
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JuneShine HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE CONTENT; YOUR USER CONTENT THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR JuneShine’S USE OF YOUR USER CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN JuneShine DEFENSE OF ANY CLAIM. JuneShine RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF JuneShine.
- LIMITATION OF LIABILITY AND DISCLAIMER
- THE SITE, ALL MATERIALS, AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- JuneShine assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. JuneShine is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site.
- IN NO EVENT SHALL JuneShine BE LIABLE FOR: (1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE, REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING AND (2) AMOUNTS IN EXCESS OF THE AMOUNT THAT YOU PAID JuneShine BY WAY OF THE SITE OR $100, WHICHEVER IS GREATER.
- BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of JuneShine (as broadly defined in the introductory paragraph of these Terms and Conditions) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate (except for remedies available in small claims court), will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in an in-person hearing in Chicago, IL; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable JuneShine’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against JuneShine exceed $250 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, JuneShine agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation or JuneShine initiates the arbitration, JuneShine will pay your filing and hearing fees in connection with the arbitration; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor JuneShine shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST JuneShine (AS BROADLY DEFINED IN THE INTRODUCTORY PARAGRAPH OF THESE TERMS AND CONDITIONS) OR ANY RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE SITE.
- These Terms and Conditions constitute the entire Terms and Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, understandings, or the like between the parties with respect to the subject matter hereof.
- These Terms and Conditions may not be amended, nor any obligation waived, without JuneShine written authorization. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision thereof.
- If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
- All disputes arising out of or related to this Agreement will be governed by the laws of the State of Illinois and controlling U.S. federal law without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. No choice of law rules of any jurisdiction will apply.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com or by writing to JuneShine, 10051 Old Grove Rd. San Diego, CA 92131, or by calling us at (858) 800-6945
- . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Special Terms for International Users
The following terms and conditions apply to you, and supersede conflicting terms in the Terms and Conditions, if you are an EU or UK resident to the extent required by applicable law:
- EUROPEAN UNION AND UNITED KINGDOM.
- Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits JuneShine liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
- ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE TERMS AND CONDITIONS WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
- No Prejudice to Consumer Law. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
- Local Jurisdiction. The local law of your jurisdiction may entitle you to have a dispute relating to these terms and conditions heard by your local courts. These Terms and Conditions do not limit any such rights that you have that apply regardless of the terms and conditions of an agreement that you have entered into. However, by entering into these Terms and Conditions, JuneShine does not consent to the jurisdiction of any courts other than those referenced in the Terms and Conditions and reserves the right to contest that it is not subject to the jurisdiction of any other court.
- Dispute Resolution. Section 13(A) and (B) will not apply to you if any such provision is unenforceable under the laws of your Province of residence. Section 13(C) will continue to apply in all such cases.
- Cancellation Rights. Residents of certain Provinces may have the right to cancel the provisions of certain purchases as required by local law. JuneShine will honor such cancellation rights.