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Terms

This page contains information on Terms of Service and Privacy. Please read this page carefully.

Last updated 8/15/2012

TERMS OF SERVICE

The following terms and conditions govern all use of the BrewersFriend.com website and all content, services and products available at or through the website. This Website is owned and operated by BrewersFriend.com. (“Brewer’s Friend”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Brewer’s Friend’ Privacy Policy which is included below) and procedures that may be published from time to time on this Site by Brewer’s Friend (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Brewer’s Friend, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old.

  1. All Rights Reserved.
    All content of the Website website is subject to copyright with all rights reserved. No portion of the Website (html, images, text content, source code) may be mirrored, retransmitted, copied, duplicated, reposted, or otherwise used without the written approval of BrewersFriend.com.
  2. Your BrewersFriend.com Account and Site.
    If you create an account on the Website, 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 the account. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Brewer’s Friend may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Brewer’s Friend liability. You must immediately notify Brewer’s Friend of any unauthorized uses of your account or any other breaches of security. Brewer’s Friend 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. By creating an account you understand your account is for use by you only, and is not allowed to be shared by multiple people. You may use you account on my computers but it is for use by you only. Accounts are non-transferrable. You may not sell, redistribute, sublicense, or otherwise transfer your account, or any portions of your account, to anyone without the prior written consent of BrewersFriend.com.
  3. Feedback and Suggestions
    Any feedback you provide to Brewer’s Friend by using the contact page, or otherwise, becomes the property of Brewer’s Friend. Brewer’s Friend is under no obligation to follow user suggestions, though we try to. Any suggestions made by you or by others through you to improve the Website, generate, code, media, or other materials are welcome and you grant Brewer’s Friend a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the suggestion for any purpose and any works Brewer’s Friend creates from that suggestion. You may request or be granted subscription time, swag, or other items for providing feedback or suggestions. These will be granted at the sole discretion of Brewer’s Friend. Brewer’s Friend is under no obligation to provide any form of compensation for feedback or suggestions.
  4. Responsibility of Contributors.
    If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Brewer’s Friend or otherwise.

By submitting Content to Brewer’s Friend, you grant Brewer’s Friend a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose. This clause is to facilitate the sharing feature built into the Website. If you delete Content, Brewer’s Friend will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Brewer’s Friend has the right (though not the obligation) to, in Brewer’s Friend’ sole discretion (i) refuse or remove any content that, in Brewer’s Friend’ reasonable opinion, violates any Brewer’s Friend policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Brewer’s Friend’ sole discretion. Brewer’s Friend will have no obligation to provide a refund of any amounts previously paid.

1. Payment and Renewal.

    • General Terms.
      Optional paid services such are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Brewer’s Friend the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are refundable until two weeks after the purchase date.
    • Automatic Renewal.
      If your payment method is configured with automatic renewal, unless you notify Brewer’s Friend before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Automatic renewal can be canceled at any time in the Account section of your profile.

2. Responsibility of Website Visitors.
Brewer’s Friend has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Brewer’s Friend does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brewer’s Friend disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BrewersFriend.com links, and that link to BrewersFriend.com. Brewer’s Friend does not have any control over those non-BrewersFriend websites and webpages, and is not responsible for their contents or their use. By linking to a non- BrewersFriend website or webpage, Brewer’s Friend does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Brewer’s Friend disclaims any responsibility for any harm resulting from your use of non- BrewersFriend websites and webpages.

4. Copyright Infringement and DMCA Policy.
As Brewer’s Friend asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BrewersFriend.com violates your copyright, you are encouraged to notify Brewer’s Friend in accordance with Brewer’s Friend’ Digital Millennium Copyright Act (“DMCA”) Policy. Brewer’s Friend will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Brewer’s Friend will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Brewer’s Friend or others. In the case of such termination, Brewer’s Friend will have no obligation to provide a refund of any amounts previously paid to Brewer’s Friend.

5. Intellectual Property.
This Agreement does not transfer from Brewer’s Friend to you any Brewer’s Friend or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Brewer’s Friend. Brewer’s Friend, BrewersFriend.com, the BrewersFriend.com logo, and all other trademarks, service marks, graphics and logos used in connection with BrewersFriend.com, or the Website are trademarks or registered trademarks of Brewer’s Friend or Brewer’s Friend’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Brewer’s Friend or third-party trademarks.

6. Advertisements.
Brewer’s Friend reserves the right to display advertisements unless you have purchased an Upgrade that is exempt from advertisements.

7. Changes.
Brewer’s Friend reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brewer’s Friend may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination.
Brewer’s Friend may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BrewersFriend.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties.
The Website is provided “as is”. Brewer’s Friend and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brewer’s Friend nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. The information and opinions contained in the Website are provided without any warranty of any kind, express or implied. Use downloads, examples, calculators, and any other techniques AT YOUR OWN RISK. Brewer’s Friend is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. All information provided is for information purposes only and does not constitute a legal contract between Brewer’s Friend and any person or entity unless otherwise specified. Information provider at this website is subject to change without prior notice. Every reasonable effort is made to present current and accurate information, though Brewer’s Friend makes no guarantees of any kind. All links to external Web sites are provided as a courtesy. They are not endorsed by Brewer’s Friend for the content or views of the linked materials.

10. Limitation of Liability.
In no event will Brewer’s Friend, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Brewer’s Friend under this agreement during the twelve (12) month period prior to the cause of action. Brewer’s Friend shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Brewer’s Friend Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification.
You agree to indemnify and hold harmless Brewer’s Friend, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

13. Miscellaneous.
This Agreement constitutes the entire agreement between Brewer’s Friend and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Brewer’s Friend, or by the posting by Brewer’s Friend of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Brewer’s Friend 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.

Modified from the WordPress.com terms of service. http://en.wordpress.com/tos/

PRIVACY:

If you have questions about deleting or correcting your personal data please contact our support team through the feedback link: https://www.brewersfriend.com/feedback-welcome/

Please report any abuses of these terms to: https://www.brewersfriend.com/feedback-welcome/

Website Visitors

Like most website operators, Brewer’s Friend collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Brewer’s Friend’ purpose in collecting non-personally identifying information is to better understand how Brewer’s Friend’ visitors use its website. From time to time, Brewer’s Friend may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Brewer’s Friend also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on BrewersFriend.com blog posts. Brewer’s Friend only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to Brewer’s Friend’ websites choose to interact with Brewer’s Friend in ways that require Brewer’s Friend to gather personally-identifying information. The amount and type of information that Brewer’s Friend gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at BrewersFriend.com to provide a username and email address. Those who engage in transactions with Brewer’s Friend – by purchasing access to the Brewer’s Friend calculator tools are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Brewer’s Friend collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Brewer’s Friend. Brewer’s Friend does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Brewer’s Friend may collect statistics about the behavior of visitors to its websites. For instance, Brewer’s Friend may monitor the most popular blogs on the BrewersFriend.com site or use spam screened by the Akismet service to help identify spam. Brewer’s Friend may display this information publicly or provide it to others. However, Brewer’s Friend does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Brewer’s Friend discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Brewer’s Friend’ behalf or to provide services available at Brewer’s Friend’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Brewer’s Friend’ websites, you consent to the transfer of such information to them. Brewer’s Friend will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Brewer’s Friend discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Brewer’s Friend believes in good faith that disclosure is reasonably necessary to protect the property or rights of Brewer’s Friend, third parties or the public at large. If you are a registered user of an Brewer’s Friend website and have supplied your email address, Brewer’s Friend may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Brewer’s Friend and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Brewer’s Friend takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Brewer’s Friend uses cookies to help Brewer’s Friend identify and track visitors, their usage of Brewer’s Friend website, and their website access preferences. Brewer’s Friend visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Brewer’s Friend’ websites, with the drawback that certain features of Brewer’s Friend’ websites may not function properly without the aid of cookies.

Business Transfers

If Brewer’s Friend, or substantially all of its assets were acquired, or in the unlikely event that Brewer’s Friend goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Brewer’s Friend may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Brewer’s Friend and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Brewer’s Friend may change its Privacy Policy from time to time, and in Brewer’s Friend’ sole discretion. Brewer’s Friend encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Modified from the Automattic Privacy Policy http://automattic.com/privacy/


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