Welcome to The Beer Barbs Website. The following terms and conditions (the “Terms”) govern all use of the website and all content (including User Content, defined below), services and products available at or through the website, including, but not limited to, electronic signature services, online uploads, display, delivery, acknowledgment, and limited storage services for documents and electronic contracts (collectively, the “Services”) (the website, content and Services collectively are defined as the “Website”).
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms.
1.0 License to Use our Services
1.1. Subject to these Terms, we and our licensors grant to you a limited, personal, non-exclusive, non-transferable license to use our Services for your use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights.
1.2. Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; (iii) circumvent or disable any security or technological features or measures of our Services, or (iv) use the Services in a manner that overburdens, or threatens the integrity, performance or availability of our Services. Any rights not expressly granted herein are reserved by us.
2.0 Your Beer Barbs Account
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify The Beer Barbs of any unauthorized uses of your account or any other breaches of security. The Beer Barbs will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3.1. Failed charges: If The Beer Barbs is unable to bill your credit card, your account will enter the dunning process and you will then have 10 days from the failed charge date to update your card information before we limit your access to your account. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the account since the failed credit card charge.
4.0 User Content
4.1. You represent and warrant that: (1) any information you provide in connection with your use of the Website is true, accurate and complete and you will maintain and update such information regularly; and (2) you will respect the intellectual property and other informational and all rights of The Beer Barbs and others.
4.2. In these Terms, the content you or other users upload to the Website, includes, but is not limited to, document layouts, source code, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, feedback, suggestions, ideas, personalization settings and other information or content, which is or may be provided to The Beer Barbs or placed on the user’s The Beer Barbs profile page or inputted or uploaded by you via the Website or related means (“User Content”).
The Beer Barbs disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit via the website to other users. It is your responsibility to ensure that Website users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
5.0 Prohibited User Content
The Beer Barbs has the right to remove User Content at our discretion and may terminate accounts of Users who violate the Terms. You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that:
5.1. is unlawful or promotes unlawful activities;
5.2. defames, harasses, abuses, threatens, or incites violence towards any individual or group;
5.3. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
5.4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5.5. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
5.6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
5.7. impersonates any person or entity, including any of our employees or representatives; or
5.8. violates the privacy of any third party.
6.0 Review of User Content by The Beer Barbs
The Beer Barbs cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User Content or the behavior of users of User Content or the Website. The Beer Barbs may, but shall not be obliged to, review, either by manual or automated means, all User Content which is or may be uploaded on this site, and monitor or review any areas of this site where users transmit or post communications or communicate with each other or The Beer Barbs (as applicable). The Beer Barbs retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User Content, without notification, which it, in its sole discretion, deems a breach these Terms. The Beer Barbs retains the right to co-operate with any law enforcement authorities, or in response to court and other official requests directing that The Beer Barbs disclose the identity of anyone posting User Content.
7.0 Disclaimer of Liability
7.1. The Beer Barbs is under no obligation to become involved in any dispute that you have with other users or in any incident that you are party to with other users, or that are affected by or otherwise related to the Website.
7.2. The Beer Barbs disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content.
7.3. The Beer Barbs disclaims all liability for unauthorized use (by other users) of User Content, and disclaims (without limitation) all liability for use of User Content which breaches any copyright, trademark rights or other intellectual property rights of any other user or person.
7.4. You are solely responsible for any damage (including to the Website) resulting from use (or submission) of any User Content or the Website (including disputes and incidents described in the preceding sections) and related transactions or occurrences. The Beer Barbs shall have no responsibility for unauthorized access to your account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).
8.0 No Liability for Lost Data
8.1. The Beer Barbs shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access or otherwise. You are encouraged to retain a back-up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content. The Beer Barbs reserves the right to deny access to this site and delete User Content at any time without notice.
9.0 Disclaimer of Warranties and Limitation of Liability
Your use of the website is at your sole risk, which is provided on an “as is” and “as available” basis. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.
To the maximum extent permitted by applicable law, we and our suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the services.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Website, including, without limitation, User Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or User Content.
11.1. This Agreement constitutes the entire agreement between The Beer Barbs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Beer Barbs, or by the posting by The Beer Barbs of a revised version.
11.2. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A.
11.3. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
11.5. You may not assign your rights under this Agreement to any other party without The Beer Barbs’ express written consent; The Beer Barbs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11.6 Force Majeure. Except for payment obligations, neither The Beer Barbs nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, shortages, riots, fires, acts of God, war, strikes, terrorism, and governmental action.