Terms & Conditions
TERMS AND CONDITIONS
- WEBSITE OVERVIEW.
You can learn more about our craft beers, special events, contribute to our blog, acquire merchandise and/or communicate with us through our Website. Your use of certain features may require you to: (i) have a valid email address; or (ii) create a user account by providing a valid email address and creating a unique password (“Account”). You are responsible for maintaining the confidentiality of your user name and password. You are also responsible for all activities conducted through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
- License (General). We hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Website as expressly permitted by these Terms and Conditions. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
- License (Blog). By posting comments, pictures/images, audio and/or video files or other related material (“Content”), you grant us and other users of the Website a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, perform, translate, publish, copy, prepare derivative works of, and/or display submitted Content. You are solely responsible for all Content you submit to the blog. Content you submit to the blog is not private and can be viewed by other users of the Website. You have no reasonable expectation of privacy when utilizing the blog features so we encourage you not to submit Content you do not want others to see.
- RESTRICTIONS/CODE OF CONDUCT.
You agree not to do any of the following:
- Submit any direct or indirect endorsement or opinion of any product or services without disclosing any association you may have with such Content as required by the Federal Trade Commission.
- Upload any Content for the purpose of intentionally misleading us or any other Website user.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
- Upload Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Website.
- Download Content posted by another user that you know, or reasonably should know, is not legally reproduced, displayed, performed, and/or distributed by such user.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
- Resell or otherwise commercialize Content or any other function or feature of our Website.
- Use language that is hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or is otherwise objectionable.
- Violate any applicable laws or regulations with respect to your access and use of our Website.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR WEBSITE (IN OUR SOLE DISCRETION) IF WE ARE NOTIFIED THAT YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS AND CONDITIONS.
- PROPRIETARY RIGHTS.
The Website and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Website (collectively referred to as “Our Content”) is protected under U.S. intellectual property laws, and is exclusively owned and/or controlled by us. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
- DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND THAT OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT WEBSITE AVAILABILITY OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS. THE FUNCTIONS AND FEATURES OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE.
- LIMITATION OF LIABILITY.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of these Terms and Conditions; (ii) your use or misuse of the Website; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other users of the Website.
You may terminate your participation at any time by discontinuing use of our Website. If you have a dispute with us relating to the Website, immediately cease all use of our Website. Ceasing use of the Website is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of these Terms and Conditions or your use of the Website: 2(b), 4, 5, 6, 7, 8, 13 and 14.
From time to time, we may modify, suspend or discontinue any feature associated with your access and use of the Website. We shall not be liable to you for any modification, suspension or discontinuance (in part or in whole) of the Website. We reserve the right to change these Terms and Conditions (in part or in whole) at any time, with or without prior notice. We will notify you of any such changes by making updated Terms and Conditions available through a hyperlink entitled “Terms and Conditions” on our Website and/or by contacting you via the email address linked to your Account (if applicable).
- THIRD PARTY LINKS.
Our Website incorporates links to third party websites. Some third party websites may collect data or solicit personal information from you. We neither own nor control such third party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third party website that may be linked to our Website.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third party providers and affiliates. These parties may send you emails in order to deliver information about products and services. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at Unsubscribe@BrooklynBrewery.com with the word “UNSUBSCRIBE” in the subject line.
- CHOICE OF LAW.
- DISPUTE RESOLUTION.
You expressly acknowledge and agree that the sole and exclusive venue for resolving any controversy or claim arising out of or relating to these Terms and Conditions, or otherwise relating to any rights in, access to or use of our Website (including Content) shall be binding arbitration, under the American Arbitration Association ("AAA") commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.
- COPYRIGHT INFRINGEMENT CLAIMS.
If you believe that your work or the work of another is being used in a manner that constitutes copyright infringement, please notify us at firstname.lastname@example.org. Your notification must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the material that you claim is infringing is located;
- Your address, telephone number, and email address.
- 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.
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- CONTACT INFORMATION.
If you have any questions or concerns, please contact us at:
The Brooklyn Brewery Corporation
#1 Brewers Row
79 North 11th Street
Brooklyn, NY 11249
Last Updated: August 17, 2017
RETURN AND EXCHANGE POLICIES
We handle returns and exchanges on a case-by-case basis with the goal of being fair and doing the right thing. We stand behind our merchandise and we want you to be satisfied with the same. We generally permit returns for defective merchandise (product or apparel) and exchanges for improper apparel sizing. WE RESERVE THE RIGHT TO APPROVE OR DENY ANY RETURN OR REQUESTED EXCHANGE IN OUR SOLE DISCRETION.
- REQUESTING A RETURN OR EXCHANGE.
- Contact us within fourteen (14) days.
Please contact us within fourteen (14) days of the delivery date at: (i) Customer Service support form or (ii) email@example.com to submit a request to return or exchange merchandise (“Return Request”).
- Return Request Requirements.
Return Requests must include: (i) your name; (ii) order number and/or order confirmation; (iii) email address used to acquire merchandise; and (iv) a short narrative identifying the reason for your return or exchange.
- Return Authorization.
We promptly review and respond to Return Requests and will contact you via email regarding the status of your Return Request. If we approve your Return Request, you are authorized to send us the merchandise you wish to exchange or return (“Return Authorization”).
- RETURNING OR EXCHANGING MERCHANDISE.
We will not accept merchandise that has been used, altered, worn, washed, or damaged by you. Merchandise must be sent in its original packaging and include the packing slip and order confirmation. Unless merchandise was damaged or defective upon receipt, you are solely responsible for the shipping costs associated with the return or exchange of merchandise. All returns and exchanges must be sent to: The Brooklyn Brewery Corporation, Attn: Return and Exchange Center, 59 Campion Rd., New Hartford, NY 13413.
- REFUNDS AND REFUND PROCESSING TIME.
All returns will be refunded to the original form of payment. Please allow seven (7) to ten (10) business days for your return to arrive at our Return and Exchange Center; thereafter, it may take between three (3) to five (5) business days for your financial institution to post the refund to your account.
Last updated: August 17, 2017