Please Read the Following Terms and Conditions Carefully
The www.BierBuzz.com website (the "Site" or "www.BierBuzz.com") is provided for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by www.BierBuzz.com. By using this site, you are deemed to have agreed to these terms and conditions of use. BierBuzz may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.BierBuzz.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), review, comments, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, BierBuzz reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Site or Services to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "Stalk" another;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a BierBuzz staff, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users' ability to engage in the Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that BierBuzz is not responsible for material submitted to BierBuzz or posted to the Site by users. BierBuzz does not pre-screen, monitor, review or edit the Content posted by users. However, BierBuzz and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in BierBuzz's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. BierBuzz is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to BierBuzz. You agree to immediately notify BierBuzz of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that BierBuzz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BierBuzz, its users or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. BierBuzz assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to www.BierBuzz.com.
Any or all Content on the Web Site may be purged periodically in BierBuzz's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by BierBuzz or submitted to BierBuzz, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of BierBuzz, and BierBuzz does not support or endorse Content (including any Contribution, whether or not edited by BierBuzz or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
In addition to any fee of which you are notified, your provider's standard data rates apply. All charges are billed by and payable to your mobile service provider.
Data obtained from you in connection with this mobile service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
Restrictions on Use of Material
The content on this Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Site.
User's Grant of Limited License
Contests, Promotions, Simulations, or Games
Intellectual Property Rights
This Site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. BierBuzz may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and BierBuzz may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
BierBuzz items are selected by our editors. No one can pay to be featured on BierBuzz. That's what advertising is for, and it's always labeled as such. Selling ourselves (literally) would destroy the legitimacy, integrity, and fun of BierBuzz. Plus, we'd never earn your trust that way. So we'll never make a dime off your meal at a restaurant nor a penny from the sale of the latest accessory we told you about.
That said, on occasion, we will send out "Blast" emails on behalf of sponsors. You'll recognize them from the subject line: "BierBuzz Blasts" Yes, these are paid for. When you sign up for BierBuzz you are agreeing not only to get our content delivered to you free, but also to occasionally receive one of these Blast emails from our sponsors. If you would prefer not to get these emails, just unsubscribe from all editions of BierBuzz (unfortunately you won't be getting -any- BierBuzz emails any more).
And, no, we would never sell our subscriber list to anyone. Not for any amount of money.
Disclaimer of Warranties
Limitation of Liability
IN NO EVENT WILL BIERBUZZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF BIERBUZZ OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIERBUZZ'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by BierBuzz, you agree to defend, indemnify and hold BierBuzz, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. BierBuzz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BierBuzz in asserting any available defense.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the BierBuzz.com Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your username, address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(Contact only for copyright matters. For all other inquiries, please contact us here.)
c/o General Counsel
P.O. Box 8305,
Alta Loma, CA 91701
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BierBuzz or relating in any way to your use of the Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving BierBuzz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. BierBuzz may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.