BeerGram Terms and Conditions of Service
Date of Last Revision: January 28, 2013.
These Terms of Conditions and Service govern the relationship between BeerGram, LLC (BeerGram) and You—users and any others who interact with BeerGram (You). By using or accessing BeerGram’s websites, products, applications, and services, You agree to the following terms. BeerGram provides a mobile application, website and various related services (collectively, the “site”) to You, the user, subject to Your compliance with all the terms, conditions, and notices contained or referenced herein (Terms of Service), as well as any other written agreement between BeerGram and You. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH BEERGRAM REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
We make various services available on this site including, but not limited to, Information about Beers, Breweries, Venues, and Location, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
1. The BeerGram Golden Rule
First and foremost, BeerGram does not condone or support binge/excessive drinking. It also does not condone or support underage drinking. BeerGram is not responsible for any activities that are the direct or indirect consequences of drinking alcohol and/or using this service. Please drink and use BeerGram responsibly and consistent with existing law.
We do our best to keep BeerGram safe, but we need Your help to do that. Therefore, by using BeerGram’s services, You agree to the following commitments:
- You agree to drink responsibly and You will not drink and drive.
- You will not use BeerGram without appropriate age-based restrictions consistent with applicable federal, state and local laws.
- You will not use BeerGram to stalk, bully, intimidate, or harass any other person.
- You will not upload viruses or other malicious code to the BeerGram website.
- You will not collect users’ content or information, or otherwise access BeerGram, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not solicit login information or access an account belonging to someone else.
- You will not use BeerGram to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
BeerGram users provide their real names and information, and we need Your help to keep it that way. Therefore, by using BeerGram’s services, You agree to the following commitments relating to registering and maintaining the security of Your account:
- You will not use BeerGram if You are the existing age limits for the consumption of alcohol pursuant to applicable federal, state or local laws.
- You will not provide any false personal information on BeerGram or create an account for anyone other than Yourself without permission.
- You will not use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful. BeerGram reserves the right to refuse registration of, or cancel a User Name in its sole discretion.
- If we disable Your account, You will not create another one without our permission.
- You will keep Your contact information accurate and up-to-date.
- You will not share Your password or let anyone else access Your account, or do anything else that might jeopardize the security of Your account.
- You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify BeerGram in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
- You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; that BeerGram will not be liable for any errors or omissions in any content; and that BeerGram cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
- We currently provide access to our mobile services for free, but Your carrier’s normal rates and fees will still apply.
- In the event You change or deactivate Your mobile telephone number, You will update Your account information on BeerGram within 48 hours to ensure that Your messages are not sent to the person who acquires Your old number.
6. Intellectual Property
For purposes of this section, “Content” is defined as any information, location information, data, texts, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or made accessible by users on our site. This includes message boards, chat, and any other original content added, created, uploaded, submitted, distributed, or posted to the Service by users.
- By accepting these Terms of Service, You acknowledge and agree that all content presented to You on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of BeerGram and/or its Affiliates. You are only permitted to use the content as expressly authorized by BeerGram or the specific content provider. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from BeerGram or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Neither we nor our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
- All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of BeerGram or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants You any right to use any trademark, service mark, logo, and/or the name of BeerGram or its Affiliates.
- Copyright© January 1, 2012 BeerGram. All Rights Reserved.
BeerGram respects the intellectual property of others, and we ask You to do the same. If You or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, You or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that You claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact You (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address: Designated Agent for Claimed Infringement: Contact: BeerGram Legal Department Address: P.O. Box 18207 Austin, TX 78760
- You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, BeerGram may immediately remove the identified materials from our site without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
7. Payments and Deals
If You make a payment on BeerGram, You agree to our Payment Terms.
8. Third Party Sites and InformationThis site may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by BeerGram, or any warranty of any kind, either express or implied.
In addition, from time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We can change these Terms of Service at any time. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If You violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for BeerGram, we can stop providing all or part of BeerGram to You. You will still be bound by applicable provisions of this Agreement.
11. Disputes and Disclaimer of WarrantiesBeerGram shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BeerGram’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
You will resolve any claim, cause of action or dispute (claim) You have with BeerGram arising out of or relating to these Terms of Service or BeerGram exclusively in a state or federal court located in Travis County, Texas. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between You and BeerGram, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Travis County, Texas for the purpose of litigating all such claims. If anyone brings a claim against BeerGram related to Your actions, content or information on BeerGram, You will indemnify and hold BeerGram harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE STRIVE TO MAINTAIN BEERGRAM, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BEERGRAM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BEERGRAM WILL BE SAFE OR SECURE. BEERGRAM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE BEERGRAM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BEERGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BEERGRAM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID BEERGRAM IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEERGRAM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of the site, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and You. UNLESS OTHERWISE STATED IN THESE TERMS OF SERVICE, WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks You may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THEY ARE ONLY APPLICABLE WHERE PERMISSIBLE BY LAW.
12. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having Your personal data transferred to and processed in the United States.
- If You are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals You will not engage in commercial activities on BeerGram (such as advertising or payments) or operate a Platform application or website.
- Certain specific terms that apply only for German users are available here.
13. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by BeerGram, located at P.O. Box 18207, Austin, TX 78760. If You notice that any user is violating these Terms of Service, please contact us at [email protected]
- This Statement is an agreement between You and BeerGram. References to “BeerGram,” “we,” and “our” mean BeerGram, as appropriate.
- This Statement makes up the entire agreement between the parties regarding BeerGram, and supersedes any prior agreements.
- If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of these Terms of Service must be made in writing and signed by BeerGram.
- You will not transfer any of Your rights or obligations under these Terms of Service to anyone else without our consent.
- All of our rights and obligations under these Terms of Service are freely assignable by BeerGram in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms of Service shall prevent BeerGram from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing BeerGram.