Brooklyn Brewery Social Media & Community House Rules:
Our home borough of Brooklyn is all about celebrating differences. Brooklyn Brewery strives to create spaces, in person and online, that are safe, accessible, inclusive and respectful. We want every person, whatever their background or identity, to feel safe to be themselves in those spaces.
We expect that everyone in both our physical and digital spaces upholds the same welcoming values. Disrespectful, discriminatory, or threatening behavior will not be tolerated. If you feel that your personal biases are more important than another person’s peaceful existence, feel free to drink something else.
We are actively working towards an inclusive and equitable future, and welcome everyone who wants to join us.
The Rules
We want all members of our online community to feel comfortable and join in our conversations. We will remove any harmful content, including:
- Abusive, discriminatory, disrespectful or threatening language or behaviour.
- Repetitive comments, spam or commercial solicitations.
- Targeting users in a way that makes them uncomfortable.
- Explicit language or content.
We monitor our social channels carefully and try to respond as quickly as possible, but we don’t always spot things immediately. Therefore, we hope all our community will feel able to flag when something doesn’t seem right. If you see comments or content that make you feel uncomfortable, tell us about it. No member of our community should feel excluded from our space by those with bad intentions.
Create Space
Through our partnership with The Stonewall Inn Gives Back Initiative (SIGBI), we are creating space to amplify the voices of LGBTQ+ activists, who – like those before them at The Stonewall Inn – are continuing the fight for equality, acceptance and the space to be who you are.
#Createspace is our way to be there for queer communities as allies and comrades. Not just when it’s easy or convenient but 365 days of the year. We hope that LGBTQ+ communities will use our social channels to talk about their lives and their activism. This is also a space for allies and comrades to learn about the issues facing LGBTQ+ communities and find out how they can support activists in their fight.
Any instances of hate or bullying towards LGBTQ+ people, including slurs, deliberate misgendering, racism, or threats, will be reported and removed. We create space – we don’t tolerate hate.
Official Terms and Conditions
Last Revised: January 4, 2023
1. Introduction
The Brooklyn Brewery Corporation (“Brooklyn Brewery,” “we,” “us,” or “our”) owns and controls brooklynbrewery.com and any websites that we specify, (“Website(s)” as applicable). Generally, you can learn about our beers, company, acquire merchandise, communicate with us, sign up for our newsletter, book a tour of our brewery, and/or contribute to our blog via our Website. These Terms and Conditions apply to anyone who visits and/or interacts with our Website (“you” or “your”) and include our Privacy Notice, and other terms and conditions that we specify are relevant (collectively hereinafter, “Agreement”). By accessing and using any of our Website you agree to be bound by the terms of this Agreement.
BY: (A) VISITING OUR BREWERY; (B) PURCHASING MERCHANDISE AND/OR (C) ACCESSING OR USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ADDITIONALLY YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE OF THE LEGAL AGE IN YOUR JURISDICTION.
2. Community Rules
a. Diversity Equality and Inclusion.
Our home borough of Brooklyn is all about celebrating differences. Brooklyn Brewery strives to create spaces, in person and online, that are safe, accessible, inclusive, and respectful. We want every person, whatever their background or identity, to feel safe to be themselves in those spaces. We expect that everyone in both our physical and digital spaces upholds the same welcoming values. Disrespectful, discriminatory, or threatening behavior will not be tolerated. If you feel that your personal biases are more important than another person’s peaceful existence, feel free to drink somewhere else. We are actively working towards an inclusive and equitable future, and welcome everyone who wants to join us.
b. Community Rules
We want all members of our online community to feel comfortable and join in our conversations and enjoy our facility. Therefore we ask all our guests to be respectful of each other and to refrain from any offensive, abusive, or harmful conduct when you are our guest. We will remove any Harmful Content posted in our blog or social media accounts. Harmful Content includes:
Abusive, discriminatory, disrespectful or threatening language or behavior.
Repetitive comments, spam, or commercial solicitations.
Targeting users in a way that makes them uncomfortable.
Explicit language or content.
We monitor our social channels carefully and try to respond as quickly as possible, but we don’t always spot things immediately. Therefore, we hope all our community will feel comfortable to flag something that doesn’t appear right. If you see comments or content that makes you feel uncomfortable, tell us about it. No member of our community should feel excluded from our space by those with bad intentions. We reserve the right to ask you to leave our facility, delete your Account, and/or prohibit access and use of our Website.
c. Create Space
Through our partnership with The Stonewall Inn Gives Back Initiative (“SIGBI”), we are creating space to amplify the voices of LGBTQ+ activists, who–like those before them at The Stonewall Inn–are continuing the fight for equality, acceptance, and the space to be who you are. #Createspace is our way to be there for queer communities as allies and comrades. Not just when it’s easy or convenient, but for 365 days of the year. We hope that LGBTQ+ communities will use our social channels to talk about their lives and their activism. This is also a space for allies to learn more about the issues facing LGBTQ+ communities and find out how they can support activists in their fight. Any instances of hate or bullying towards LGBTQ+ people, including slurs, deliberate misgendering, racism, or threats, will be reported and removed. We create space–we don’t tolerate hate. Please click the following link to learn more: https://brooklynbrewery.com/faq/.
d. Visiting the Brewery
General. If you reserved a room, booked a tour, or are visiting the Brewery we reserve the right to refuse admission or to eject any member of your party from the Brewery if we determine, in our sole discretion, that an individual’s conduct is illegal, rude, vulgar, abusive, aggressive, or potentially or actually harmful to yourself or others or is otherwise unacceptable and/or inappropriate. You will not receive a refund if you are denied entry or ejected from a space. Stay alert! If you are injured at the Brewery, you must promptly notify us. Individuals with light and sound sensitivity, and/or other serious health conditions should proceed with extreme caution. Please contact us at least seven business days in advance if you require any special accommodation.
Tickets. You are able to acquire tickets to beer tastings, tours, and other events at our Website. All payments are processed by https://www.eventbrite.com and are subject to additional terms and condition which we encourage you to review. You will receive a confirmation email confirming that your request has been processed and that payment was received.
Changes. We reserve the right to postpone, cancel, and/or reschedule an event. We will attempt to contact you with the contact email or telephone number you provided us at the time of purchase if we need to postpone, reschedule, or cancel an event (“Event Notice”). The applicable Event Notice will identify the process and time limitations associated with a postposed, canceled, or rescheduled event.
No reasonable expectation of Privacy. Most events we host are open to the public. Other attendees and/or members of our staff may take pictures and/or video footage of your experience at our Brewery and/or the applicable event. You have no reasonable expectation of privacy when you attend a public event and therefore, grant us permission, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the event for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or consideration to, you or the organization you may represent.
4. Merchandise
Purchases. You may also acquire apparel, glassware, barware, novelties, and other items (“Merchandise”) through our
Website. Payments for Merchandise are processed by https://stripe.com/payments or https://www.paypal.com/us/home and are subject to additional terms and conditions. You will receive a confirmation email confirming your order when payment has been processed. We may at any time, in its sole discretion, limit or restrict Merchandise available to you, discontinue Merchandise, or change the model, design, specifications, or construction of Merchandise, without prior notice to you.
Errors. We reserve the right to correct errors by informing you of such and giving you an opportunity to cancel your order and/or make other changes. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion. All sales are final unless we specify otherwise.
Promo Codes. We may, from time to time, in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by us at any time in our sole discretion.
Returns and Shipping. Please visit the following links for information on Returns and Exchanges and Our Shipping Policy respectively http://store.brooklynbrewery.com/returns-and-exchanges/; http://store.brooklynbrewery.com/shipping/.
5. Creating an Account and Content
Account. You can create an account with us through our Website (“Account”). If you create an account, you agree to provide accurate, current, and complete information (“Account Information”) and to update the same as may be necessary from time to time. If we have reason to believe that your Account Information is inaccurate, outdated, or incomplete, we may suspend or terminate your Account. You agree that you will not: (i) create an Account using a false identity or information that is not your own; (ii) have more than one Account; or (iii) create an Account or use if we have previously removed your Account. We reserve the right, in our sole discretion, to accept or reject your Account Information, as well as suspend or terminate your Account for any reason. You are responsible for maintaining the confidentiality of your password and Account and will be fully responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of Account security. ANY SUSPECTED FRAUDULENT, ABUSIVE, OR ILLEGAL ACTIVITY THAT MAY BE GROUNDS FOR TERMINATION OF YOUR ACCOUNT AND ACCESS OR USE OF OUR WEBSITES AND MAY BE ADDRESSED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
Our Content. The design of our Merchandise and Website including the text, scripts, graphics, interactive features and the trademarks, service marks, and logos contained therein (“Our Content”), are owned by or licensed to us and are subject to copyright and other Intellectual Property Rights under United States and foreign laws and international conventions. You agree not to engage in the misuse, copying, and/or redistribution of Our Content.
User Content. You hereby grant us a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or any part of any information that you submit to us (“Content”). You hereby represent and warrant that you own all rights to the Content that you use or, alternatively, that you have the right to give us the license described above. You represent and warrant that your Content does not infringe on the Intellectual Property Rights, privacy rights, publicity rights, or other legal rights of any third-party. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with any Content. We are not required to host, display, or distribute any Content and we may refuse to accept or transmit Content, and may remove or delete all or any portion of Content at any given time.
Blog features. You understand that when accessing or using certain Website features that, you may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. We assume no responsibility whatsoever in connection with or arising from Content. We assume no responsibility for actively monitoring Content for inappropriate Content. Furthermore, we neither endorse nor control Content submitted by other users. We make no warranties, express or implied, as to Content or the accuracy and reliability of any Content. Nonetheless, we reserve the right to prevent you from submitting Content and to edit, restrict, or remove Content for any reason at any time.
Communications Decency Act. We ask that you please be respectful when communicating with us and others. We are not required to, but we reserve all defenses for the removal of Content made available to us by Section 230 of the Communications Decency Act, the First Amendment to the Constitution of the United States of America, and any other applicable laws, rules, or regulations.
Feedback. If you provide us with any feedback or suggestions regarding (“Feedback”), you hereby assign us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
6. Use Rights and Restrictions
Use Rights. We hereby grant you a personal, revocable, limited, non-assignable, non-transferable, nonexclusive license to access and use the applicable Website for the purpose for which it was intended and pursuant to the terms of this Agreement. We reserve all rights not expressly granted herein.
Restrictions. Our Website is intended solely for personal, and non-commercial use. You may not distribute, copy, reproduce, publish, transmit, publicly display, publicly perform, adept, edit, modify, create derivative works from, sell, license, rent, modify, frame in another website, use on any other website, and/or exploit Our Content in any way. You further agree that you will not:
i. Take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure supporting our Website;
ii. Interfere or attempt to interfere with the proper working of any Website or any activities conducted on our Website;
iii. Use our Website or any information displayed therein to stalk, harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other users;
iv. You will not submit any offensive or pornographic Content, or Harmful Content to us or other users through our Website;
v. You will not use our Website for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, Intellectual Property Rights, data protection and privacy, and import or export control;
vi. You will not impersonate any person or entity or falsely claim an affiliation with any person or entity;
vii. You will not remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Website or Account;
viii.You will not intentionally interfere with or damage operation of any Website or any user’s enjoyment thereof, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
ix. You will not post, store, send, transmit, or disseminate any Content which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
x. You will not post, store, send, transmit, or disseminate any Content or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
xi. You will not attempt to gain unauthorized access to the Account of another, or the computer systems or networks connected to Website, or any part of it, through hacking, password mining or any other means, or interfering or attempting to interfere with the proper working of our Website; and
xii. You will not probe, scan, or test the vulnerability of our network or; use any robot, spider, scraper, or other automated means to access and use or Website.
7. Intellectual Property Rights and Ownership
Intellectual Property Rights. “Intellectual Property Rights” means any and all right, title, and interest, arising or existing at any time relevant hereto, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret, or other proprietary right arising or enforceable under any United States federal or state law, rule, or regulation, non-United States law, rule, or regulation, or international treaty in any technology, system, invention, discovery, know-how process, method, information, medium or content, including, but not limited to, text, print, pictures, photographs, video, marks, logos, designs, drawings, artistic and graphical works, music, speech, computer software, and documentation, any other works of authorship, and any form, method, or manner of expression or communication now known or hereinafter becoming known.
Proprietary Rights. Unless otherwise noted, Our Content including (but not limited to) features and functionality, information, software, text, displays, images, video, audio, look and feel, and the compilation thereof, are copyrights, trademarks, trade dress and/or other Intellectual Property Rights owned, controlled or licensed by us, our subsidiaries or affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws (“Brooklyn IP”). UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING, OR ANY OTHER MISUSE OF BROOKLYN IP IS EXPRESSLY PROHIBITED.
8. Warranty Disclaimer and Limitation of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
A. WARRANTY DISCLAIMER.YOU UNDERSTAND THAT OUR WEBSITE AN ALL CONTENT RELATED THERETOIS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR, ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “BROOKLYN PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AND/OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITE; (II) OUR CONTENT; (III) CONTENT; (IV) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED ON ANY WEBSITE; OR (V) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE BROOKLYN PARTIES OR VIA THE WEBSITE. IN ADDITION, THE BROOKLN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT WEBSITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES OUR WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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 AND NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM VIRUS. THE BROOKLYN PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY WEBSITE, THAT YOUR USE IS DONE AT YOUR SOLE RISK. THE BROOKLYN PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BROOKLYN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
B. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE BROOKLYN PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THE WEBSITE; (II) OUR CONTENT; (III) USER CONTENT; (IV) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (V) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BROOKLYN PARTIES OR LAW ENFORCEMENT AUTHORITIES ; (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (VII) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF ANY WEBSITE; OR (VIII) ANY DAMAGE TO ANY USER’S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BROOKLYN PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A WEBSITE). IN NO EVENT WILL THE BROOKLYN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BROOKLYN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US (IF ANY).
9. Indemnification
By you. You agree to indemnify and hold the Brooklyn Parties harmless from and against any and all claims and expenses, including all attorney fees and costs, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Website, including but not limited to claims arising out of: (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including (but not limited to) any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; (iv) your Content; (v) your interactions with any other Website users; (vi) your violation of applicable law and (vii) our use of Content and other your information you provide to us. You agree to promptly notify us and to cooperate fully in the defense of any claim. We reserve the right to assume the exclusive defense and control of any claim indemnified under this section by you.
Brooklyn. We shall indemnify, defend, and hold you harmless from any and all liabilities, losses, damages, suits, penalties, fines, costs, or expenses (including, reasonable attorney fees and other applicable expenses) relating to third-party claims that our Website infringes upon that party’s Intellectual Property Rights (“Infringement Claim”). Our obligation hereunder is contingent upon your prompt written notice of any such claim and reasonable assistance in defending any such Infringement Claim.
10. Changes to These Terms and Conditions
From time to time, we may make changes to our Terms and Conditions and other terms of the Agreement. When changes are made, a new version of the Terms and Conditions will be posted on the Website. We will also update the “Last Revised” date at the top of the Terms and Conditions. If you do not agree to any changes in our Terms and Conditions. Notice you then agree to stop using our Website. Your continued use of our Website constitutes your acceptance of such changes.
11. Copyright: Infringing Material/DMCA
Notification Procedures. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from our Website by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
i. Your physical or electronic signature.
ii. Identification and description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
iii. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
iv. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to disable and/or terminate, in appropriate circumstances, any user’s access to a Website in the event of repeated infringing activity, and we reserve such rights.
If you believe that a Website user of is a repeat infringer, please follow the above instructions to contact our copyright agent. Please include sufficient information to assist us in determining that the user has engaged in such infringing activity repeatedly.
Counter-Notification Procedures. If you believe that material you posted on a Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
viii. Your physical or electronic signature.
ix. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
x. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
xi. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
xii. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten to fourteen (10–14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe your copyright material is being used on a Website without permission, please notify the designated agent at:
The Brooklyn Brewery Corporation
ATTN Copyright Agent
1 Brewers Row 79 North Street
Brooklyn, NY 11249
12. Choice of Law and Dispute Resolution
Choice of Law. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, and you agree to the exclusive jurisdictions of the State of New York. To the extent applicable law permits, the provisions set forth in this Agreement shall prevail in the event of conflict with any other law.
Dispute Resolution. Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement will be settled by arbitration, to be held in New York City, New York, in accordance with the American Arbitration Association’s Consumer Arbitration Rules. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. No dispute may be brought by either party eighteen (18) months after the occurrence of the event giving rise to any such claims. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its Intellectual Property Rights in any court of competent jurisdiction.
Judicial Forum for Legal Disputes. In the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, except to seek injunctive or other equitable relief to protect its Intellectual Property Rights, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between the parties must be resolved exclusively by applicable federal or state court located in New York City, New York. You agree to submit to the exclusive personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
13. Miscellaneous
Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable, or invalid shall be deemed amended and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intent of the parties reflected therein; and (ii) such illegality, unenforceability, or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
No Assignment. You may not assign this Agreement nor any rights or obligations hereinunder, in whole or in part, whether voluntary, by operation of contract, law, or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. We reserve the right to assign this Agreement in our sole discretion.
Term and Termination. These Terms and Conditions and the license granted hereunder shall remain in effect unless and until terminated as set forth herein (“Term”). You may terminate this Agreement by cancelling your Account or by ceasing to use our Website. We may immediately terminate this Agreement and disable or delete your Account if you materially breach this Agreement in any way. The terms which are intended to survive termination of this Agreement (e.g. indemnification, limitation of liability).
Communication. You agree that we can provide notices and messages to you via email or via other contact information that you provide to us. You are responsible for providing us with your most current email address. If you have provided an invalid email, or such address is not capable of receiving notices, such email notification will nonetheless constitute effective notice.
California Users and Residents. Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: The Brooklyn Brewery Corporation, ATTN Legal, 1 Brewers Row 79 North Street, Brooklyn, NY 11249. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Accessibility. We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (“WCAG”) and other measures to assist with making our Website user friendly and accessible to users with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Website in relation to WCAG’s recommendations. Not all WCAG principals are operational, and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Website. Please contact us by email at [email protected] or by phone at 718-486-7422 (Monday through Friday, from 9 a.m. to 5 p.m. PDT) for assistance with accessing and using a Website.
Contacting Us. Please contact us with any questions you may have regarding these Terms and Conditions at:
Attention: Legal
1 Brewers Row
79 North 11th Street
Brooklyn, NY 11249
(718) 486-7422
[email protected]