TERMS OF USE AND SERVICE

1. LEGAL AGE REQUIREMENT & ALCOHOL DISCLAIMER

1.1 Age Gate Verification

The Platform contains information regarding premium fermented beverages containing alcohol. You must be of legal drinking age in your country, state, province, or territory of residence to access, browse, or interact with this Platform.

1.2 Compliance with Local Laws

By clicking "Enter" or confirming your age upon entry, and by continuing to use the Platform, you solemnly declare and warrant that:

• · You are of legal drinking age to purchase and consume alcohol in your jurisdiction.
• · You will not share, forward, or otherwise distribute any content from this Platform to individuals who are under the legal drinking age.
• · Your use of the Platform complies with all local, national, and international laws regarding the consumption, promotion, and purchase of alcoholic beverages.

We reserve the right to deny access to the Platform to any person at our sole discretion, particularly if we suspect non-compliance with age restrictions.

2. INTELLECTUAL PROPERTY RIGHTS

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, brand assets, and the design, selection, and arrangement thereof) are owned by LIBATUR s.r.o., its licensors, or other providers of such material and are protected by Czech Republic and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.1 Proprietary Design & Concepts

The unique design of the NOCTAIRE bottles, packaging, custom glass formulations, the specific visual presentation, the kinetic installation designs, and the architectural structures associated with the brand are exclusive trade dress and proprietary intellectual property of the Company. Any unauthorized reproduction, imitation, or 3D rendering of these designs for commercial or public use is strictly prohibited.

2.2 Trademarks and Brand Elements

The names, logos, and slogans including but not limited to NOCTAIRE, The Time of Presence and LIBATUR are registered or common-law trademarks of the Company. You must not use such marks without our prior written permission.

2.3 Limited License to User

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Platform solely for your personal, non-commercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or material obtained from the Platform without express written authorization.

3. PROHIBITED USES of the PLATFORM

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

• · In any way that violates any applicable local, national, or international law or regulation.
• · To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
• · To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• · To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform.
• · To disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose.

4. DISCLAIMER OF WARRANTIES

Your use of the Platform is at your own risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Platform or the server that makes it available are free of viruses or other harmful components.

5. LIMITATION OF LIABILITY

To the fullest extent provided by law, in no event will LIBATUR s.r.o., its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

7. GOVERNING LAW & JURISDICTION

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Czech Republic, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the competent courts of Prague, Czech Republic, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

8. MODIFICATIONS TO TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

9. CONTACT INFORMATION & OPERATOR DETAILS

NOCTAIRE is a proprietary brand and product created and operated by LIBATUR s.r.o. For any legal inquiries, questions regarding these Terms of Use, or general corporate matters, please visit our official corporate website at www.libatur.com to access our current official contact channels.

Please note: The contact form available on the NOCTAIRE platform is strictly reserved for commercial trade inquiries and business cooperation requests.