Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. Warfield Distillery and Brewery grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Warfield Distillery and Brewery’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Warfield Distillery and Brewery in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Warfield Distillery and Brewery, the Owner, or any third party referenced therein. Warfield Distillery and Brewery reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Warfield Distillery and Brewery’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Warfield Distillery and Brewery may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
- Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the Warfield Distillery and Brewery relevant sections of the Social Media Sites, the “Community Forums”). If the Platform includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
- Warfield Distillery and Brewery shall monitor the Community Forums on a regular basis for compliance with the Beer Institute Advertising and Marketing Code and for any readily apparent violations of these Terms and Conditions or illegal content. Notwithstanding the foregoing, you acknowledge that Warfield Distillery and Brewery is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
- You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Warfield Distillery and Brewery reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
- Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
- Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Anheuser-Busch or its affiliates or its users to any harm or liability of any type.
No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. Warfield Distillery and Brewery shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
Disclaimers — Warfield Distillery and Brewery reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.
Digital Millennium Copyright Act — Warfield Distillery and Brewery is committed to respecting and protecting the legal rights of copyright owners. As such,Warfield Distillery and Brewery adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Warfield Distillery and Brewery’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
No Framing; Links; Third Party Sites — Framing, in-line linking or other methods of association with the Platform are expressly prohibited without prior written approval from Warfield Distillery and Brewery.
Ability to Accept Terms and Conditions — You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
Assignment — The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Warfield Distillery and Brewery without restriction.
Notice — From time to time, we may revise these Terms and Conditions. To help you stay current of any changes, Warfield Distillery and Brewery may take one or more of the following steps: (1) Warfield Distillery and Brewery notes the date the Terms and Conditions was last updated above, and (2) when Warfield Distillery and Brewery makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions. Warfield Distillery and Brewery strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
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