These Terms of Service are provided by CaskStrength Media, which produces WhiskyCast and is owned by the Gillespie family. We provide them as a service because history (and the lawyers) tells us that it’s necessary to have a set of ground rules in place to protect everyone’s rights and explain what one can and can’t do with the content on the WhiskyCast web site. While most of the language below is legalese, we’ve provided tongue-in-cheek translations to make things simple.
The WhiskyCast web site and all WhiskyCast podcasts are ©2013 by CaskStrength Media, Haddonfield, New Jersey. Other brand names and trademarks used on the WhiskyCast web site and in our podcasts are the intellectual property of their owners, and are used here either with permission or under “fair use” copyright guidelines for news reporting. While we encourage listeners to share links to our podcast content, we require that podcast directories and other web sites link directly to our servers when providing our content to their users. We do not allow the download of podcast episodes for public redistribution. Translation: We love it when you share WhiskyCast content with your friends, but please just share the links, not the actual audio files. Also, we respect the intellectual property rights of others, and expect that others will respect our rights as well.
Individual tasting notes and reviews posted on the WhiskyCast web site may be quoted for personal use with proper attribution to Mark Gillespie and WhiskyCast, and if used on a web site, with a link to the WhiskyCast web site. Commercial use or publication of tasting notes and reviews is not permitted without permission from CaskStrength Media. Translation: You can quote the tasting notes, and you can link to them on your personal web site…but you have to give Mark and WhiskyCast credit for them. If you have a commercial web site or want to use them for promoting a whisky, you need to ask us first. We have a policy against endorsing specific whiskies, and want to make sure that any use of the tasting notes respects that policy.
Exhibition photographic prints purchased from the WhiskyCast Photo Gallery are for display use only, and may not be published or licensed for any other use without permission from CaskStrength Media. Translation: you’re buying the print to display, and you can’t scan it and put it on your web site or sell copies of it.
All “letters to the editor”, whether sent by postal or email, become the property of CaskStrength Media and may be read on a WhiskyCast episode or published on the WhiskyCast web site unless the sender specifically requests otherwise. Translation: if you send us an email, and you don’t want Mark to read it on the air, please say so.
We may allow WhiskyCast.com users to post comments on posts and pages, and to respond to the comments of others. For this purpose, we do require users to “log in” to the site with a user-generated user name and password, and reserve the right to moderate and delete comments that are inflammatory, use foul language, or potentially defamatory. We expect commentators to be respectful of other community members, and reserve the right to suspend user accounts for commentators who are unable to do so.
By creating a user account, you agree to abide by the following rules of conduct:
You are an adult of legal drinking age in your country of residence;
You will not upload any images or content to the WhiskyCast web site that is sexually explicit or obscene;
You will not post any content that contains comments that could be offensive to the general community, including expressions of bigotry, racism, or homophobia;
You will not post content that violates any law or encourages the commission of a criminal offense, or violates the intellectual property rights of a copyright owner;
You will not use the comments feature to post unauthorized advertising, chain letters, or junk mail, and will not upload any content that contains viruses or malware;
You agree to respect the free speech rights of other community members, and not defame, harass, stalk, or threaten any other community member;
By posting comments on the WhiskyCast web site, you grant CaskStrength Media the right and license to publish and use those comments in any form, including the right to create derivative works.
Translation: We’re limiting comments to registered users to keep spammers and bots from clogging up the web site with a bunch of garbage. If you sign up for a user account, we expect you to be an adult and act like one, treat each other with respect, and if you suggest a brilliant content idea on the web site, don’t be mad if we agree with you and run with it.
YOUR PRIVACY RIGHTS
We recognize and respect the privacy rights of visitors to the WhiskyCast web site, as well as those who sign up for user accounts to post comments. For this reason, we do not sell or make available information on our users to any third party for commercial use. When you sign up for a user account or our email newsletter, we will collect information that allows us to identify you. This information will include at minimum your name, a valid email address, your country and state/province of residence, and a declaration that you are of legal drinking age in your country of residence. However, we will not release that information to any party unless ordered to by a court of law. Translation: We value privacy just as much as you do, and we’re not going to sell or give your personal information to anyone unless a judge tells us we have to…we love you, but we’re not going to jail for you.
When you sign up for our email newsletter or a user account, we may occasionally email you with news and information specifically regarding the WhiskyCast community and content. You have the right to “unsubscribe” from email communications in general by using the link provided in those emails, and we will make all reasonable attempts to honor that request. However, if you unsubscribe from our emails and continue to maintain a user account, you may still receive emails from CaskStrength Media in cases where another user has responded to a comment of yours or where we need to reach out to you to follow up on a comment. Translation: If you’re signing up for an account, don’t be surprised when we email you, especially if you’re signing up for something called an email newsletter. We promise not to abuse the privilege, but if you do unsubscribe from our emails and stick around as a user, you might get an email notification if someone responds to one of your posts, and we might email you to respond to a post (especially if you break the rules above about not playing well with others). That’s not a spam violation, that’s just managing the site.
WhiskyCast may carry advertisements and promotions from third parties on our podcasts and web site. However, your business dealings with advertisers other than CaskStrength Media and any terms, conditions, warranties, or representations in connection with those contacts are solely between you and the advertiser. CaskStrength Media will not be responsible for any losses or damages incurred as a result of your business dealings with advertisers or their promotional agencies. Translation: If you buy or win something from one of our advertisers and you’re not happy with it, talk to them.
LIMITATION OF LIABILITY
You agree that visiting the WhiskyCast web site and listening to or watching content from the site is at your own risk. The content provided at the WhiskyCast web site is for educational and informational purposes only, and CaskStrength Media assumes no liability for any damages or illegal activity that result from your use of this content. Translation: We’re here to help you learn more about whisky, but we’re not responsible if you do something irresponsible, dumb, or illegal as a result. Think before you act.
These Terms of Service and policies for WhiskyCast.com constitute the entire agreement between you and CaskStrength Media, and supersede any previous statements or policies previously in place. CaskStrength Media reserves the right to amend the Terms of Service at any point, and your continued use of the WhiskyCast web site will be construed as acceptance of the amended terms. Translation: These are our policies as of today, they replace any old policies, and we can change our minds at any time. If we do and you don’t like the changes, we’ll understand if you stop visiting the web site, but we hope you’ll tell us what your objections are first. Hell, you might just have a good point that we didn’t think of and we could change our minds. Let’s all act like reasonable adults.