Terms & Conditions

ONLINE TERMS OF USE

These terms of use (“Terms of Use”) govern your use of our online interfaces and properties owned, operated and controlled by Sacred Sins, LLC (d/b/a What The Function), a Florida limited liability company (“Company”), including the www.whatthefunctionbar.com website and mobile applications (collectively, the “Site”). If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please see also Company Privacy Policy and note that as a condition of using our service, you agree to the terms of Company’s Privacy Policy.

  1. Proprietary Rights

You acknowledge and agree that this Site and any material made available for download are the property of Company. The Site, including without limitation, all data, files, documents, text, photographs, images, audio, and any content made available for use through this site is protected by applicable intellectual property laws such as copyrights, trademarks, service marks and patents. Accordingly, said content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Company. You may not frame, mirror or deep link any part of the Site including, name, trademarks, service marks, logo, Content or other proprietary information (including, without limitation, images, text, page layout, or form) of Company without our prior written consent.

  1. Site Access, Security and Restrictions; Passwords

You are prohibited from violating the security of the Site, interfering with the functionality of the Site and using the Site in violation of the Terms of Use or applicable law without obtaining prior written authorization. This includes, without limitation, accessing or copying private data, logging into accounts without authorization, probing, scanning or testing the vulnerability of the network.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Should we provide limited access to Protected Areas of the Site, you agree to restrict your access to authorized content using only your user ID and password as provided by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password with third parties. You acknowledge that you are fully responsible for all activity occurring under your user ID and agree to defend, indemnify and hold harmless Company from and against all third-party claims, damages and expenses against or incurred by the Company, including but not limited to attorney’s fees, arising out of your breach of the Terms of Use or violation of applicable law. Your access to the Site may be revoked by Company at any time with or without cause.

Any security violations shall result in civil or criminal liability.

  1. Accuracy of Information, Product Modifications and Prices

Although Company attempts to ensure the accuracy of the Site, it makes no representations, warranties or guarantees as to the correctness of the Site and any related content. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice.

Prices of products, prices for shipment of products are subject to change without notice. We reserve the right to modify or discontinue any of our products without notice at any time.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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.

  1. Exchanges and Refunds, Incorrect Pricing, Quantity Limits and Sale Restrictions

Exchanges and refunds are subject to our Exchange and Refund Policy. Company, at its sole discretion, reserves the right to limit the quantity of items purchased per person, household or order. Company reserves the right to refuse or cancel any placed / charged orders should a product or service be listed at an incorrect price due to typographical error or errors in pricing received from our suppliers.

Company reserves the right to restrict your account, refuse or cancel any order for any reason and at our sole discretion. Orders may be cancelled due to limitations on products, inaccuracies in product or pricing information, or problems identified by our credit and fraud department. We may require additional verifications before accepting any order. We will provide notification to the customer should such limits be applied and in the event your cancelled order has already been charged, we shall promptly issue a credit to your credit / debit card account. Please note that certain orders constitute improper use of Company and its services.

Company also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. Reselling constitutes the purchasing or intending to purchase any product(s) from Company for the purpose of engaging in a commercial sale of that same product(s) with third parties.

  1. Online Payments

You can purchase products on this Site. We accept credit and debit cards issued by U.S. and Canadian banks. When effectuating payment via credit card, Company may obtain preapproval for the total amount of the payment. If you enroll to make automatic recurring payments, all charges and fees will be billed to the credit card you designate. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online.

When making online payments, you represent and warrant that (i) the credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are authorized to make purchases with the credit card and credit card information you have provided and you are the person to whom the card was issued.

  1. Commercial Users

As used in this section:

(i) “Personal Information” means identifiable data, including names, postal address, email address, telephone number and any other information including that which is defined as personal or personally identifiable information under applicable Privacy and Data Security Laws;

(ii) “Privacy and Data Security Laws” means all domestic and international privacy and data protection laws, rules, regulations, best practices and regulatory guidance relating to privacy, data security, cybersecurity and Personal Information; and

(iii) “Visitors” means and refers to all visitors to the website.

If you are visiting the Site and/or purchasing products for other than your own personal use or consumption, and you share any third-party information with the Company, then you hereby represent, warrant and covenant that:

(a) sharing of any information, including Personal Information, by you with Company is done in compliance with all applicable Privacy and Data Security Laws;

(b) if you maintain a website, you place a conspicuous notice thereon instructing Visitors how to express choices with respect to your use of Personal Information for marketing or analytic purposes;

(c) you provide notice to your Visitors in your consumer facing privacy notice as well as elsewhere on your website that data will be collected from Visitors to your website and shared with Company, if applicable;

(d) Visitors are provided with a link to the relevant privacy notice of any third party with which you may share Visitor data that is collected by a data analytics service (i.e. Google Analytics, etc.);

(e) the choices you provide Visitors for the collection and sharing of their data are in compliance with all applicable Privacy and Data Security Laws and cover sharing of data, including Personal Information, with Company;

(f)all collection and sharing of Personal Information is done in accordance with the Visitor’s expressed choices;

(g) all sharing of data with Company is in compliance with any and all applicable global cross-border transfer and data localization provisions of any Privacy and Data Security Laws;

(h) you shall not share health information, financial information, or information about children or minors with Company; and

(i) (a) you have reasonable measures in place to ensure that health information, financial information, and information of children or minors is not shared with Company.

  1. Links to Third-Party Sites

Company makes no representations about any other website that you may access through this Site. Non-Company websites, are independent from Company, and Company has no control over the content of that website. Links to a non-Company websites do not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked websites. If you decide to access any of the linked third-party websites, you do so entirely at your own risk.

  1. User-Generated Content, Reviews, Feedback and Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.

You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Company reserves the right to monitor and edit or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Company harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.

  1. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Company respects the intellectual property rights of others and expects its users to do the same. Company will respond promptly to notices of alleged infringement that are reported to Company.

  1. Notices of Alleged Copyright Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright and have a good faith belief that the alleged use of the copyrighted material is not authorized by owner, agent or the law, please report the alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

  1. Identify copyrighted works that you claim have been infringed.
  2. Identify material you claim is infringing.
  3. Provide your mailing address, telephone number, and, email address.
  4. Provide your full legal name and your physical signature.

Deliver this Notice to the following address:

Sacred Sins, LLC (d/b/a What The Function Bar)
48 NE 88th St.
Miami, FL 33138

  1. Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITEIS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  1. Limitation of Liability

COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).

  1. Dispute Resolution; Arbitration Agreement

We will work in good faith to resolve any issue you have with Site by bringing the issue to the attention of our customer service team. However, we understand that in some cases we may not be able to resolve an issue to a customer’s satisfaction.

The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to the Terms of Use or the Service, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in Miami (Dade County), Florida. The arbitration shall be conducted by a neutral and detached arbitrator, whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by a magistrate. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.

  1. Waiver of Class Arbitration

To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Site and the Service, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under this Terms of Use, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.

  1. Entire Agreement and Severability Clause

These Terms of Use constitute the entire agreement between Company and you and govern your use of the Service. In the event that any part of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Company may, in its sole discretion, from time-to-time revise these Terms of Use. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.