TERMS OF USE
These Terms of Use (“Terms”) govern your access to and use of Proof of Legend, including the Proof of Legend website, platform, demos, customization tools, barrel links, directories, digital mockups, label-generation tools, and related features and services (collectively, “Proof of Legend” or the “Service”).
Proof of Legend is owned and operated by Americano LLC (“Americano,” “we,” “us,” or “our”).
By accessing or using Proof of Legend, you agree to these Terms. If you are accessing Proof of Legend on behalf of a company or other organization, you represent that you have authority to accept these Terms on its behalf.
1. PURPOSE OF PROOF OF LEGEND
Proof of Legend is a label customization and program-management service designed primarily for spirits producers and their authorized customers, partners, employees, and representatives.
Certain Proof of Legend features may allow authorized users to customize label elements, review designs, generate digital previews or print-ready artwork, access barrel- or product-specific information, and participate in label production workflows established by a Americano member.
Access to Proof of Legend does not transfer ownership of the platform, underlying technology, systems, designs, processes, methodologies, or intellectual property to you.
2. AUTHORIZED USE
You may use Proof of Legend only for legitimate business purposes and only as authorized by Americano or the Americano member who provided you access.
You agree not to:
- access or use Proof of Legend for any unlawful, fraudulent, deceptive, or unauthorized purpose;
- attempt to gain access to portions of Proof of Legend you are not authorized to access;
- interfere with, disrupt, damage, or circumvent any security or technical feature of the Service;
- use automated systems, bots, scraping tools, crawlers, or similar technologies to access or extract information from Proof of Legend without our written permission;
- share private demo links, account credentials, barrel links, or other restricted access with unauthorized persons;
- use Proof of Legend in a manner that infringes the intellectual property, privacy, publicity, or other rights of another person or entity; or
- use Proof of Legend to create or distribute unlawful, misleading, defamatory, infringing, or otherwise unauthorized content.
We may suspend or terminate access when we reasonably believe Proof of Legend is being misused or these Terms have been violated.
3. PROPRIETARY RIGHTS AND RESTRICTIONS
Proof of Legend, including its software, technology, architecture, functionality, workflows, systems, processes, interfaces, visual design, customization methodologies, source code, object code, documentation, know-how, and other proprietary materials, is owned by or licensed to Americano and is protected by applicable intellectual property and other laws.
Except for the limited right to use Proof of Legend as expressly authorized, no rights or licenses are granted to you.
You may not, directly or indirectly:
- copy, reproduce, duplicate, imitate, or replicate Proof of Legend or any material portion of its functionality;
- reverse engineer, decompile, disassemble, decode, deconstruct, or otherwise attempt to discover the source code, underlying structure, logic, algorithms, systems, methods, or ideas embodied by Proof of Legend;
- create, develop, commission, assist with, or provide information for a product or service based substantially upon Proof of Legend's proprietary functionality, workflows, systems, or methods;
- modify, adapt, translate, sublicense, resell, distribute, commercially exploit, or create derivative works from Proof of Legend except as expressly authorized by Americano;
- remove or alter proprietary notices, trademarks, copyright notices, or other ownership identifiers; or
- access Proof of Legend for the purpose of competitive analysis, benchmarking, replication, or development of a competing or substantially similar product or service.
These restrictions apply to Proof of Legend demos as well as the full Service.
4. DEMO ACCESS
Proof of Legend may provide prospective customers or authorized parties with access to demonstrations of the Service.
By accessing a Proof of Legend demo, you acknowledge that the platform, technology, functionality, design, processes, and related services are proprietary to Americano and constitute its confidential information and intellectual property.
You confirm that you are accessing the demo solely to evaluate whether Proof of Legend may meet your legitimate business needs. You agree not to copy, reproduce, disclose, replicate, modify, deconstruct, reverse engineer, or use any portion of Proof of Legend to develop or assist in developing a competing or substantially similar product or service.
Americano may revoke demo access at any time.
5. USER-PROVIDED CONTENT AND INTELLECTUAL PROPERTY RESPONSIBILITY
Proof of Legend may allow users to submit, upload, select, request, or otherwise incorporate text, names, logos, artwork, photographs, illustrations, trademarks, slogans, likenesses, characters, references, or other materials into customized labels or related materials (“User Content”).
You retain whatever rights you lawfully hold in your User Content.
By submitting or requesting the use of User Content through Proof of Legend, you represent and warrant that you own the User Content or have obtained all rights, permissions, licenses, consents, and authorizations necessary to use, reproduce, modify, print, distribute, and otherwise incorporate that content into the applicable product and packaging.
You are solely responsible for the legality of User Content you submit or request, including whether its use infringes or violates any copyright, trademark, trade dress, right of publicity, right of privacy, contractual restriction, or other right of any person or entity.
If you are accessing Proof of Legend through a producer, brand owner, or other Americano Member, that member is responsible for reviewing and approving the final customized label before production and for determining whether the finished label is appropriate for use on its product.
Americano and Proof of Legend may identify, question, refuse, remove, or require modification of User Content that we reasonably believe may create legal, regulatory, reputational, production, or intellectual-property risk. Any such review is provided as an operational safeguard and does not constitute legal clearance, an intellectual-property opinion, or a representation that content not flagged by us is legally permissible.
Americano is not responsible for independently investigating or verifying the ownership, licensing status, trademark availability, copyright status, publicity rights, or other legal rights associated with User Content.
By submitting User Content, you grant Americano a limited, non-exclusive license to host, reproduce, process, modify, format, render, transmit, and otherwise use that content as reasonably necessary to operate Proof of Legend and provide the requested customization, artwork, printing, production, and related services.
6. LABELS, ARTWORK, AND REGULATORY RESPONSIBILITY
Proof of Legend is a creative, customization, workflow, and production-management service. Unless expressly stated otherwise in a separate written agreement, use of Proof of Legend does not constitute legal, regulatory, tax, or compliance advice.
The applicable producer, brand owner, or Americano member is responsible for final review and authorization of customized labels before production, including confirming the accuracy of product information and determining whether any user-supplied or user-requested content is authorized for commercial use. Approval of a label through Proof of Legend constitutes authorization to proceed with the applicable production workflow unless otherwise agreed in writing.
The applicable producer, brand owner, bottler, or other responsible party remains responsible for determining whether labels, claims, marks, product information, required disclosures, and finished packaging comply with applicable federal, state, local, or other regulatory requirements.
Where Proof of Legend generates production artwork based upon information or selections provided by a user or member, you are responsible for reviewing and approving the accuracy of that information before production.
7. AMERICANO MEMBERS
Certain companies use Proof of Legend under a separate membership, services, or other written agreement with Americano.
If your organization has entered into a separate written agreement governing its use of Proof of Legend, that agreement will control to the extent it expressly conflicts with these Terms.
Access provided to a customer, retailer, distributor, employee, buyer, or other third party through an Americano Member remains subject to these Terms.
8. THIRD-PARTY SERVICES
Proof of Legend may rely upon or integrate with third-party hosting, payment, printing, shipping, analytics, communications, authentication, or other service providers.
We are not responsible for third-party services outside our control, and your use of certain third-party products or services may also be subject to their terms and policies.
9. AVAILABILITY AND CHANGES
We may modify, improve, replace, suspend, or discontinue portions of Proof of Legend from time to time.
We do not guarantee that the Service will always be available without interruption, delay, error, or technical limitation.
Features shown in demonstrations, prototypes, previews, or developmental versions of Proof of Legend may change before or after commercial release.
10. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROOF OF LEGEND IS PROVIDED “AS IS” AND “AS AVAILABLE.”
AMERICANO DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT PROOF OF LEGEND WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT EVERY LABEL, FILE, MOCKUP, PRINTED PRODUCT, OR THIRD-PARTY SERVICE WILL BE FREE FROM DEFECT.
Nothing in this section limits warranties or obligations expressly stated in a separate written agreement between Americano and an Americano Member.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICANO AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR LOSS OF GOODWILL ARISING FROM OR RELATED TO YOUR USE OF PROOF OF LEGEND.
Any limitations of liability contained in a separate written agreement between Americano and an Americano Member will govern that relationship.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
12. INDEMNIFICATION
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Americano and its owners, employees, contractors, and affiliates from claims, damages, liabilities, losses, and reasonable costs arising from your User Content, your misuse of Proof of Legend, your violation of these Terms, or your infringement of another party's rights.
13. TERMINATION
We may restrict, suspend, or terminate your access to Proof of Legend if you violate these Terms, misuse the Service, create security or legal risk, or no longer have authorization to access it.
Sections concerning intellectual property, restrictions on use, User Content, liability, indemnification, and other provisions that by their nature should survive termination will remain in effect following termination.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time as Proof of Legend evolves or as legal requirements change.
The revised Terms will be posted with an updated effective date. Where appropriate, we may provide additional notice of material changes.
Your continued use of Proof of Legend after revised Terms become effective constitutes acceptance of those revised Terms.
15. GOVERNING LAW
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except where applicable law requires otherwise.
16. CONTACT
Questions regarding these Terms may be directed to: