Last Revised: December 20, 2019
1. THIS AGREEMENT
BY: (A) CLICKING “I ACCEPT”; (B) ATTENDING AN EVENT (DEFINDED BELOW); (C) PURCHASING MERCHANDISE AND/OR ACCESSING OR USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
2. AGE REQUIREMENT
SERVICES ARE INTENDED FOR INDIVIDUALS WHO ARE LEGALLY AUTHORIZED TO CONSUME ALCOHOLIC BEVERAGES (“AGE OF MAJORITY”). BY ACCESSING OR USING SERVICES YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION.
3. DISPUTE RESOLUTION AND CLASS-ACTION WAIVER
SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. ADDITIONALLY: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (B) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
IF YOU ARE A NOT ACCESSING SERVICES FROM WITHIN THE UNITED STATES OF AMERICA PLEASE REFER TO SPECIAL TERMS FOR INTERNATIONAL USERS SECTION.
4. PRIVACY NOTICE
Our collection, use, and sharing of Your personal information is subject to Our Privacy Notice. You understand that through Your access and use of Services You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Notice, including the transfer of Your personal information from Your country of residence to the United States of America.
A. Our Content. The design of Services 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 use, copying, or distributing any of Our Content contained within Services.
B. User Content. You hereby grant Us a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: display, publicly perform, distribute, store, broadcast, transmit and reproduce Your logo(s), service marks, trademarks and trade names, 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 in connection with Your use of Services (“User Content”). You hereby represent and warrant that You own all rights to Your Content 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 Your User Content. We are not required to host, display, or distribute any of Your User Content and We may refuse to accept or transmit User Content, and may remove or delete all or any portion of User Content from Our Services at any time.
C. User Content and Services. You understand that when accessing or using certain Service features that, You may be exposed to User 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 User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
We assume no responsibility whatsoever in connection with or arising from User Content. We assume no responsibility for actively monitoring User Content for inappropriate User Content. Further, We neither endorse nor control User Content submitted by other Users. We make no warranties, express or implied, as to User Content or the accuracy and reliability of any User Content. Nonetheless, We reserve the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
D. Feedback. If You provide Us with any feedback or suggestions regarding Our beers or Services, for example (“Feedback”), You hereby assign to Us all rights in the Feedback and agree that We shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback You provide to 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.
E. Communications Decency Act. We ask that You please be respectful when communicating with others through Services. We are not required to, and reserve all defenses for the removal of User 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, regulations
6. YOUR CONDUCT
A. You will not use Services 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;
B. You will not include offensive or pornographic content, or content that is harmful to Services;
C. You will not use Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that Services are for personal, non-commercial use only in the manner and for the purposes that We intend;
D. You will not use Services 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 and other proprietary rights, data protection and privacy, and import or export control;
E. You will not impersonate any person or entity, falsely claim an affiliation with any person or entity;
F. You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of Services;
G. You will not intentionally interfere with or damage operation of Services or any User’s enjoyment thereof, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
H. You will not post, store, send, transmit, or disseminate any information or material 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;
I. You will not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
J. You will not attempt to gain unauthorized access to Services, or any part of it, other Accounts, computer systems or networks connected to Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of Services or any activities conducted on Service; and
K. You will not probe, scan, or test the vulnerability of Services or any system or network; use any robot, spider, scraper or other automated means to access Services.
7. THIRD-PARTY WEBSITES
A. Account. If You create an account (“Account”) and submit information to Us, You represent and warrant that all such personal information is accurate and current. Additionally, You must promptly update Your Account information in the event of any changes. Accounts are personal and for Your own use only. You may not buy, sell, rent, or lease or otherwise transfer access or use of Your Account.
B. Security. You are entirely responsible for maintaining the confidentiality of Your password and Account. You are entirely responsible for any and all activities that occur under Your Account. You agree to notify Us immediately of any unauthorized use of Your Account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Us or a third party due to someone else using Your Account, regardless of whether they are authorized.
ANY SUSPECTED FRAUDULENT, ABUSIVE OR ILLEGAL ACTIVITY THAT MAY BE GROUNDS FOR TERMINATION OF YOUR ACCOUNT AND ACCESS OR USE OF SERVICES AND MAY BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES WE MAY HAVE AT LAW OR IN EQUITY.
A. Tickets. Users are able to acquire: (i) tickets to beer tastings, tours of Our facility, and performances (“Events”) through Services. All payments are processed by https://www.eventbrite.com and are subject to additional terms and conditions. You will receive a confirmation email confirming that Your request has been processed and that payment was received.
B. Changes. We reserve the right to postpone, cancel and/or reschedule Events. We will attempt to contact You with the contact email associated with Your 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.
C. Safety. We are committed to creating a welcoming, safe and healthily environment for all Events. Any violation of these Event Rules or other provisions herein may result in Your physical removal from the Event. Stay alert at all times before, during and after an Event. If You are somehow injured, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the Event for which the ticket is issued.
D. No reasonable expectation of Privacy. Most Events and some of Our Services (like social media) are open to the public. Other attendees and/or members of Our staff my take pictures and/or video footage of Your experience at the Event. You have no reasonable expectation of privacy when You attend an Event and therefore, grant permission to Us, Our partners, licensees and assigns, including but not limited to Our brand and media partners, 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 represent.
A. General. 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.
B. Errors. We reserve the right to correct errors (whether by changing information related to Merchandise or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final unless We specify otherwise.
C. 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.
D. 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/.
11. DISCLAIMER OF WARRANTIES
ANY OF OUR CONTENT, USER CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE, AND OUR SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER WE NOR OUR SUPPLIERS OR PARTNERS WARRANT THAT THE FUNCTIONS CONTAINED IN SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CORRECT, ACCURACY, RELIABILITY, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. YOUR INDEMNIFICATION
You agree to indemnify, defend, and hold Us (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (A) Your use or misuse of Services, (B) any violation of the rights of any other person or entity by You, (C) any alleged breach or violation by You of this Agreement, (D) Your interaction with any Third-Party Website, other Users, and for Your User Content; or (E) harm caused by any third-party at an Event. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of Services.
13. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 13, OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF SERVICES; (B) YOUR USE OR INABILITY TO USE SERVICES; (C) ANY OTHER INTERACTIONS WITH THIRD-PARTY WEBSITES ANY OTHER USERS OF SERVICES, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL WE (OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR MERCHANDISE OR EVENTS ACQUIRED THROUGH SERVICES. THIS SECTION 13. IS NOT INTENDED TO EXCLUDE US FROM LIABILITY UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to Our Services and this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. RESOLVING OUR DISPUTES
You and Us agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Us in any way (collectively, “Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 15.
A. Informal Resolution. If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at The Brooklyn Brewery Corporation, Attention Copyright Agent, 1 Brewers Row, 79 North 11th Street, Brooklyn, NY 11249 provide a brief, written description of the dispute and Your contact information; and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution with You.
B. Applicable Law. You and We agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of New York, USA, without regard to conflict of laws principles, will govern all Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use Services.
C. Our Arbitration. You and Us agree that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Disputed Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and Us agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and Us agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You and Us agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. The Arbitrator’s Award to You or Us. You and Us agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. You and Us agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND US AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), FOR EXAMPLE YOUR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
E. Exceptions. There are only two exceptions to this agreement to arbitrate:
(i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; or
(ii) if either party reasonably believes that the applicable dispute can be resolved in a small claims court and such court has jurisdiction.
F. Who Bears the Costs of Arbitration. You and Us agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at Your written request, We will reimburse You for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement, provided that You make your request no more than thirty (30) days following the earlier of such decision or settlement. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous or without merit, You agree that We are relieved of its obligation to reimburse You for any fees associated with the arbitration.
I. 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, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because You are an international User to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Us must be resolved exclusively by a state or federal court located in New York City, New York. You and Us 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.
J. YOU MAY OPT-OUT OF ARBITRATION. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO email@example.com (“OPT-OUT NOTICE”) NO LATER THAN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT.
K. Arbitration Opt-Out Procedure. In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), email address and a valid and current government issued form of identification to verify Your identity. If You opt out of the agreement to arbitrate, all other parts of this Agreement will continue to apply to You.
L. YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (C) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
16. NOTICE AND TAKEDOWN POLICY
If You are a copyright owner or an agent thereof, and You believe that a User infringes Your copyrights, then You may submit a notification by providing Our Designated Copyright Agent with the following information in writing:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works Services;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
D. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed User Content.
Please forward all notifications to Our Designated Copyright Agent at: Brooklyn Brewery Corporation, Attention: Copyright Agent, 1 Brewers Row, 79 North 11th Street, Brooklyn, NY 11249.
Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
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 and who accordingly assist with operationalizing the same. 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 e-mail at firstname.lastname@example.org by phone at (718) 486-7422
(Monday through Friday, from 9 a.m. to 5 p.m. EDT) for assistance with accessing and using Services.
18. ELECTRONIC COMMUNICATIONS
The communications between You and Us use electronic means. You: (A) consent to receive communications from Us in an electronic form; and (B) agree that all terms, conditions, Additional Terms, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect Your statutory rights.
19. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Our Services must be addressed to Our agent for notice and sent via certified mail to: Brooklyn Brewery Corporation, Attention: Legal Director, 1 Brewers Row, 79 North 11th Street
Brooklyn, NY 11249. Additionally ,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.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available to You through Our Website. We will also update the “Last Revised” date at the top of the Agreement. If We make any material changes, and You have created an Account, We may also send an e-mail to You at the last e-mail address You provided to Us. Any changes to the Agreement will be effective immediately. We may require You to provide consent to the updated Agreement in a specified manner before further use of Services is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), please stop all access and use of Services. Otherwise, Your continued access and use Services constitutes Your acceptance of such change(s).
21. MISCELLANEOUS PROVISIONS.
A. Severability, Waiver of Agreement Provisions. You and Us agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A by Us waiver of Your breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
B. Contests. From time to time we may make sweepstakes, contests, or other promotions available through our Websites (“Promotion”) that require You to register and accept Additional Terms to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is Your unconditional agreement and acceptance thereto.
C. Survival of Provisions. The following Sections will survive any termination of this Agreement or Your Services: 5(B); 11; 12;13; 14; 15 and 21(A)(C).
D. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
E. Your Inquiries. Please contact Us the following contact information with Your inquiries:
Brooklyn Brewery Corporation
1 Brewers Row
79 North 11th Street
Brooklyn, NY 11249
20. SPECIAL TERMS FOR INTERNATIONAL USERS
A. EUROPEAN UNION AND UNITED KINGDOM. If You are an EU or UK resident to the extent required by applicable law:
1. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Our liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), ALTHOUGH THE ARBITRATION AGREEMENT TO ARBITRATE DOES NOT APPLY TO YOU THE PROVISIONS RELATING TO JUDICIAL FORUM FOR LEGAL DISPUTES DOES APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 15 CAREFULLY. THE EUROPEAN COMMISSION ONLINE DISPUTE RESOLUTION PLATFORM IS AVAILABLE AT THE FOLLOWING LINK ODR PLATFORM.
2. No Prejudice to Consumer Law. As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these terms and conditions, including, without limitation, Section 15, affects Your rights as a consumer to rely on such mandatory provisions of local law.
3. Local Jurisdiction. The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 15, in which we agree that all disputes not subject to the terms of Section 15 will be heard in courts located in New York City, New York, USA. This Agreement does not limit any such rights that You have that apply regardless of the terms of an agreement that You have entered into. But by entering into this Agreement or otherwise, we do not consent to the jurisdiction of any courts other than those referenced in Section 15 and reserves the right to contest that it is not subject to the jurisdiction of any other court.
B. SPAIN. If You are a Spanish resident to the extent required by applicable law:
1. Language. The Spanish version of this Agreement will control.
2. Modifications. We will inform you of any relevant modifications of Services as well as of any changes to this Agreement (provided You provided Us with Your contact information).
3. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
C. PORTUGAL. If You are a Portuguese resident to the extent required by applicable law:
1. Language. The Portuguese version of this Agreement will control.
2. Modifications. We will inform you of any relevant modifications of Services as well as of any changes to this Agreement (provided You provided Us with Your contact information).
3. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
D. GERMANY. If You are a German resident to the extent required by applicable law:
1. Liability Limitations. The following applies in lieu of any conflicting or inconsistent language in the Terms:
We are solely liable as follows: We are fully liable under the statutory provisions (i) for damages resulting from injury to life, limb or health; (ii) intentionally; (iii) gross negligence; and (iv) under the Product Liability Act. Without limiting the foregoing, We shall be liable for ordinary negligence only in the event of a breach of a “material” obligation under this Agreement. “Essential” obligations in this sense are obligations that are necessary for the performance of the Agreement, where a breach would jeopardize the fundamental purpose of the Agreement, and on which You can therefore regularly rely. In these cases the liability is limited to foreseeable damages; in other cases, there is no liability for negligence.
2. These limitations of liability remain in force beyond the end of Your contractual relationship with You and Brooklyn and beyond the duration of Your use of Services.
3. No Indemnity. Section 12 does not apply to You
4. Termination. We may only terminate Your Account or use of Services for You breach this Agreement or violation of applicable law. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
5. Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
E. CANADA. If You are a Canadian resident to the extent required by applicable law:
1. Dispute Resolution. Section 15 will not apply to You if any such provision is unenforceable under the laws of your Province of residence.
F. AUSTRALIA. If You are an Australian resident to the extent required by applicable law:
1. Transmission of Personal Information Overseas. In consenting to the transfer to and processing of Your personal information to the United States of America and any other jurisdiction throughout the world, You acknowledge that other jurisdictions (including the United States of America) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
2. Reverse Engineering. The restriction on the modification, disassembly, decompilation or reverse engineering of Services is subject to Your rights under Part III Div 4A (“Acts not constituting infringement of copyright in computer programs”) of the Copyright Act 1968 (Cth).
3. Consumer Guarantees. Our liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
1. in the case of Merchandise supplied to You, the replacement of the Merchandise or the supply of equivalent Merchandise (or the payment of the cost to You of the replacement or supply), or the repair of the Merchandise (or the payment of the cost to You of the repair); and
2. in the case of Services supplied to You, the re-provisioning of Services again.
I. ARGENTINA. If You are an Argentine resident to the extent required by applicable law:
1. Notice and Takedown Policy. If You are a resident of Argentina, the notice and takedown policy in Section 16 will not apply to You. Instead, in case You believe that any User Content hosted on Services damage to You and could be considered as manifestly illegal, then You may submit a notification to Us indicating the User Content in question and providing documentation that proves Your identity as well as detailing the damage caused by such User Content. We will analyze the claim and if the User Content is manifestly illegal then will proceed with its takedown (only if warranted). Any other User Content that causes damage but cannot be considered as manifestly illegal shall not be taken down by Us unless You provide a judicial notification ordering the takedown of the User Content in question. Notifications of any sort for these purposes shall be delivered to Our Designated Copyright Agent.
J. BRAZIL. if You are a Brazilian resident to the extent required by applicable law:
1. Arbitration Will Not Apply to You. Any dispute procedure deriving from this Agreement will be resolved by a competent Court located near the applicable User’s location.
2. Notice to Remove Sensitive or Private Content. In case of any unauthorized disclosure of Your User Content, We will use all reasonably necessary measures, to the extent applicable to Our technical Services, in order to remove the referred User Content in a diligent manner and in the shortest timeframe possible, provided that You notify Us of the relevant infringement by identifying and specifying the infringing User Content.
3. Application of Brazilian Law. You and Us agree that Brazilian Law will also apply to this Agreement, especially with respect to rights of privacy, protection of personal information.
4. Limitation of Liability. The provisions related to limitation of liability established under this Agreement may, as a general rule, not apply to You, as the obligation to indemnify is a rule of public order in Brazil. You and Us are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it.
5. Statute of Limitations for Your Claims. The provisions of this Agreement related to statute of limitations may not apply to You, if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, You will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
6. Modifications to this Agreement. We reserve the right to modify this Agreement, at Our sole discretion, any of the provisions contemplated in this Agreement at any time and for any reason whatsoever, regardless of Your previous approval. You will be notified of such modifications (only if You provided Us with Your contact information).