Terms of Service
Please read the following general website Terms of Service (these "ToS" or “Agreement”) carefully before accessing the brewedbyus.com website (the “Site”), before registering an account on the Site ("Account"), submitting any information or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site or Brewed By Us, LLC. and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "BBU").
IMPORTANT INFORMATION TO NOTE:
- YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE ToS, AND TO ABIDE BY AND COMPLY WITH THESE ToS.
- IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN 13 YEARS OF AGE OR UNDER. IF YOU ARE 13 YEARS OF AGE OR UNDER, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE.
- THIS SITE INCLUDES CONTENT PROVIDED BY OTHER USERS. BBU IS A INTERNET SERVICE PROVIDER AS WELL AS A HOST AND DISTRIBUTOR OF INFORMATION. BBU IS NOT A PUBLISHER. BBU NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT MADE ON THE SITE OR THROUGH OUR SERVICES BY USER.
- THE ABOVE NOT WITHSTANDING, ANY SUBMISSIONS PROVIDED BY A USER IS MADE AVAILABLE TO ANY OTHER USER OF THE SITE SUBJECT TO A NON-EXCLUSIVE, LIMITED AND WORLDWIDE LICENSE UNDER THE CREATIVE COMMONS ATTRIBUTION-SHAREALIKE LICENSE, AS DETAILED IN SECTION 10 BELOW.
- ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN WAKE COUNTY, NORTH CAROLINA EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION OPTION SECTION.
- BY CREATING AN ACCOUNT ON THE SITE, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US AND OUR ADVERTISERS.
- USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
Description of Services:
The Site provides various services and capabilities that enable Users to both review and submit information regarding home brewed beer. The Site enables unregistered visitors (“Visitors”) to the Site to review information submitted by Members of the Site. The Site also enables registered members (“Members”) of the Site to submit home brewing information and recipes to the Site. Members may also engage in conversations and interactions with other Members. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”.
These ToS apply to all users, Visitors and Members of the Site (together “Users”). The Site includes proprietary and third party information, including but not limited to all recipes, pictures, reviews and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.
“Submission” means the upload, submission, sending or posting, where and if available, by Users, of any recipe, photograph, video, image, text, opinion, comment or other content to the Site.
BBU reserves the right to add, change, modify, suspend or discontinue any portion of the Site or the Service(s) offered at any time. BBU may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
In order to have access to certain Services offered on the Site, Users may be required to create an Account. You may never use someone else’s Account.
Registration may be accomplished by providing data on our Site or by authenticating third-party website accounts such as Google, Yahoo, Facebook, Twitter, Foursquare or Meetup. When creating an Account with the Site, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. Registration Data may include, but is not limited to, first and last name, nickname, home town, age and e-mail address.
You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
Nickname and Password:
As part of the registration process, you may be asked to select a nickname and/or password. We may refuse to grant you a nickname, which in our sole and absolute discretion, is deemed to be invalid. Invalid nicknames include, but are not limited to, nicknames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid nicknames and we reserve the sole right, at our own discretion, to deem any nickname invalid.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL SUBMISSIONS, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR EMAIL ADDRESS, NICKNAME OR PASSWORD, TO ANY THIRD PARTY.
If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by e-mailing us at email@example.com.
All Users of the Site must be either eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these ToS. The above statement not withstanding, nothing contained herein or on the Site is meant to circumvent, avoid or otherwise advise as to legal regulations and restrictions of the brewing and consumption of beer. Usage of the Services is void where prohibited.
BBU may decide at any time in its sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or any Services, for any reason, including but not limited to violations of these ToS. BBU may or may not provide notice to the User of such termination through any reasonable means including, but not limited to, sending notice to the User at the e-mail address provided during or subsequent to registration. Such termination is effective when executed by BBU or upon transmittal by BBU, which ever occurs first. However, a User’s obligations of indemnification pursuant to any section in these ToS shall survive any termination or the cancellation of the Account.
A request to have your Account terminated will have no effect on the legal validity and/or enforceability of these ToS for the time period prior to your request and during the time period needed for BBU to reasonably act to comply with your request.
Use of Content on Site:
The Site provides Users with the ability to submit or post recipes, suggestions, comments and other information to the Site. The information listed, uploaded, posted or made available by Users are those of the respective Users and not of BBU and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. BBU does not guarantee the accuracy, completeness or usefulness of any information made available by Users and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Users understand and agree that BBU will not be responsible for, and Users hereby agree to hold BBU harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site by other Users of the Site. You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE INCLUDES CONTENT PROVIDED BY USERS. BBU IS A INTERNET SERVICE PROVIDER AS WELL AS A HOST AND DISTRIBUTOR OF INFORMATION. BBU IS NOT A PUBLISHER. BBU NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT MADE ON THE SITE OR THROUGH OUR SERVICES BY ANY USER.
Submissions and Comments:
This section governs the Submission of recipes, instructions, photographs, videos, images, text, comments or other content to the Site by Users. As a feature of certain Services, you may be permitted to submit or post video, photographic and textual content or comments (“Submission(s)”). You agree that whether published or not, BBU does not guarantee the confidentiality of these Submissions. BBU does not condone or tolerate the Submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these ToS;
- The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- No other party has any rights, including intellectual property rights, to the Submissions;
- You hereby grant any and all other Users of the Site a non-exclusive, limited and worldwide license under the Creative Commons Attribution-ShareAlike License, as detailed in section 10 below;
- BBU may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
- You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
- BBU may include or add editorial copy and/or other writings or graphics with the Submissions;
- You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
- Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post to the Site. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after promulgated. You agree not to:
- post, or attempt to post, any text, audio, photographs, videos, images or other Submissions containing offensive and/or confidential information;
- impersonate any person or entity;
- "stalk" or otherwise harass any person via the Site;
- engage in advertising to or solicitation of Users to utilize services substantially similar to those offered on the Site;
- transmit any chain letters, spam or junk e-mail to other Users;
- express or imply, without our specific, prior, written consent that any statements you make are endorsed by BBU;
- harvest or collect personal information about Users, whether or not for commercial purposes, without their express consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of BBU or the owner of such proprietary rights;
- access Submissions, Services or the Site through any technology or means other than through the means provided on the Site or other explicitly authorized means BBU may designate;
- remove any copyright, trademark or other proprietary rights notices contained on the Site;
- interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
- post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
- use metatags, code or other devices containing any reference to BBU or the Site in order to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- use the Site, including any tools or technologies made available therein, for any commercial purpose not specifically permitted by the Site, without the prior written consent of BBU.
BBU reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in BBU’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these ToS and may result in the immediate termination of your Account pursuant to the terms of these ToS. BBU reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.
BBU ASSUMES NO RESPONSIBILITY FOR THE CONDUCT OF USERS OF THE SITE.
As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these ToS.
No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure.
Proprietary Rights of Content:
Any content on the Site provided, created, uploaded or otherwise displayed, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and Submissions (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to BBU or its affiliates and partners, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by BBU does not constitute a waiver of any right in such information and materials.
The above not withstanding, any Submissions provided by you or other Users of the Site is made available to any and all Users of the Site subject to a non-exclusive, limited and worldwide under the Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC License”). Any and all information regarding the CC License is available at http://creativecommons.org/licenses/by-sa/3.0/ and http://creativecommons.org/licenses/by-sa/3.0/legalcode. Please review the CC License before providing any Submissions to the Site.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BBU’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o Brewed By Us, LLC 103 Kingsmill Rd Cary, NC 27511 firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content or Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and e-mail address;
- a statement that you consent to the jurisdiction of the federal court in Wake county, North Carolina; and
- a statement that you will accept service of process from the person who provided notification of the alleged infringement.
You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these ToS or any policies, rules or guidelines referenced herein.
You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.
We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another's rights, including intellectual property rights.
You agree that BBU is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.
BBU shall not be liable to you for any Services, goods or information available from third parties, even if obtained at or through the Site or Services. If you are dissatisfied with the Site or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Account and to discontinue use of the Site and Services.
The Site may contain links to other websites owned and operated by BBU, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by BBU. BBU has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve BBU from any and all liability arising from your use of any third party website. Furthermore, BBU does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the ToS, policies, and rules and regulations of any BBU or third party website you access through the Site.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum - This Agreement shall be treated as though it were executed and performed in Wake county, North Carolina and shall be governed in all respects by the laws of the State of North Carolina without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Wake county, North Carolina, except as otherwise agreed by the parties or as described in the Arbitration Option section below. You agree to submit to the personal jurisdiction of the courts located within Wake county, North Carolina for the purpose of litigating all such Claims or disputes.
Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to the Dispute Resolution Section, we may recover attorneys' fees and costs up to $1000, provided that we notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Any attempt by any individual, organization or User, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Brewed By Us, LLC 103 Kingsmill Rd Cary, NC 27511 firstname.lastname@example.org