The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.pursuitofpappy.com, which shall include, without limitation, the home page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by pursuitofpappy.com (“Pursuit of Pappy” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
About Pursuit of Pappy
- Pursuit of Pappy is first and foremost an informational website. But members are allowed to offer, sell and buy almost anything related to bourbon and spirit-related antiquities amongst themselves. Pursuit of Pappy is not an auctioneer, but we may use an auction as a pricing mechanism. The actual transaction takes place between the Sellers and Buyers and it is up to them to work out the details, including, delivery costs, etc. The actual contract for sale, if one exists, is directly between the Sellers and Buyers and in connection with each transaction, Buyer and Seller jointly and severally represent that they will purchase and receive all Products in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such Products will be used only in a lawful manner.
- While we may make use of an “auction” to price a collector bourbon, like Pappy Van Winkle such guidance is solely informational and you may decide to follow it or not. Also, while we do our best to create a mutually beneficial environment for our visitors and members, we have no control over and do not guarantee the existence, quality, safety or legality of items promoted; the truth or accuracy of users' content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.
- This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way.
- You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Pursuit of Pappy and that you will not access Pursuit of Pappy by any other means other than through the interface provided.
- In order to access certain Products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Pursuit of Pappy will always be accurate, correct and up to date.
- You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Pursuit of Pappy.
- You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Pursuit of Pappy may suffer. You also agree that Pursuit of Pappy has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
Passwords, Privacy and Security
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
Using Pursuit of Pappy
In connection with using or accessing the Site you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- transfer your pursuitofpappy.com account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Pursuit of Pappy, or the interests or property of users;
- interfere with the working of our Site, or impose an unreasonable or disproportionately large load on our infrastructure;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Pursuit of Pappy, or that comes from the Site and belongs to another Pursuit of Pappy user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Pursuit of Pappy and/or any other party holding the right to license such use;
- commercialize any Pursuit of Pappy application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Site.
If we believe you are abusing Pursuit of Pappy in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Site, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take technical and/or legal steps to prevent you from using our Site.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Site. Additionally, we reserve the right to refuse or terminate our Site to anyone for any reason at our discretion.
- You acknowledge and agree that Pursuit of Pappy does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED EXCLUSIVELY BETWEEN THE BUYER AND SELLER OF THE PRODUCTS AT ISSUE. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
- In connection with each transaction, you represent that you may purchase and receive the Products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such Products will be used only in a lawful manner. Pursuit of Pappy makes no representation as to the right of any person to import any Product in to any state.
- To the extent any Products contain alcohol, such sales are prohibited except to the extent that:
- The Product is a collectible container and the sole item of value in such posting is the collectible container, not the contents;
- The posting contains the following disclaimer “The value of the item is in the collectible container, not the contents, and any incidental contents are not intended for consumption. Buyer and Seller assume sole responsibility for the transaction and shall ensure that the sale complies with all applicable laws.”
- The Seller engages a common carrier that requires that an adult 21 years of age or older sign for the Product upon receipt.
As a Premium Member It is free to list Products for sale. As a Basic Member it is free to bid on items.
- When listing an item, Sellers agree that:
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
- Content that violates any of Dustybid's policies may be deleted at Dustybid's discretion.
- When buying an item, Buyers agree that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- Pursuit of Pappy does not transfer legal ownership of items from the Seller to the Buyer.