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The Beer Converter Terms of Service
Last Updated: April 1, 2017
Please read these Terms carefully because they govern your use the Beer Converter (BC) of our website located at www.beerconverter.net, and beerconverter.info and beerspective.com and the Beerconverter mobile application. To make these Terms easier to read, the websites, social media websites and social media accounts, videos created in the name of the BeerConverter, online game we might produce, and mobile applications are collectively called the “Services.”
Agreement to Terms
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or Apps or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or Apps, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
By using the Services you state that you have reached the minimum age for alcoholic consumption (Minimum legal drinking age) of the country or state that you are in and that you are located in a country or state that does not ban the consumptions or display of alcoholic drinks including brands, logos, graphics, names, images or anything else that my suggest the consumption of alcoholic drinks or any activity or edible products mentioned in this app.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users provide to be made available through the Services. Content includes without limitation User Content.
BC and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Iceland and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Rights in User Content Granted by You
*You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. By posting User Content to the Services, you grant BC a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, delete from the services, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use such User Content subject to these Terms.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, company or any other entity. We ask that you respect our on-line community and other users when posting User Content and using the Services. When submitting User Content to or otherwise using the Services, you agree not to:
submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage us, our users or any third party;
publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
solicit a user’s password or other account information; or
harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Content on the Services
Subject to your compliance with these Terms, BC grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal, recreational and non-commercial purposes.
The Content available through the Services may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
BC is not responsible for content that might be offensive, harmful or inaccurate. BC cannot monitor all communication between users and users can be exposed to rude or offensive language, images or references by using the Services. You agree that under no circumstances will BC be liable for any content or derivative loss or damage of any sort incurred via BC or broadcast elsewhere.
Rights and Terms for Apps
Subject to your compliance with these Terms, you have the right to download and install a copy of any App(s) to your mobile device, and to access and use the Services, for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. The use of all kinds of “boosters” or effects not obtained in the BC services is forbidden and is not usable as such?
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and BC, and not with the App Provider, and that BC (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BC.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Plain Vanilla will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the App.
Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.
Rights and Terms for Online Games
Subject to your compliance with these Terms, you have the right to access and use the Services, the Beerconverter app and Beerconverter.net for your own personal use. You may not: (i) copy, modify or distribute the online game for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the game or the Services to any third party; (iii) decompile, reverse- engineer, disassemble, or create derivative works of the game or the Services; (iv) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. The use of all kinds of “boosters” or effects not obtained in the BC services is forbidden and is not usable as such.
Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
NEITHER Plain Vanilla NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, PHONE DAMAGE, SMART DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the Services or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not BC has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will BC’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE Greater of the AMOUNTS YOU HAVE PAID TO BC FOR USE OF THE SERVICES, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BC, AS APPLICABLE. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BC AND YOU.
These Terms and any action related thereto will be governed by the laws of the Iceland without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and BC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be Iceland and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and BC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if BC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of BC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between BC and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Plain Vanilla and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Plain Vanilla’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by BC under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services most likely the website.
BC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & contact information
If you have any questions about these Terms or the Services, please contact The Beer Converter beerconverter@Beerconverter.net.
The Beer Converter COPYRIGHT & INTELLECTUAL PROPERTY POLICY
The Beer Converter. (“BC”) respects the intellectual property rights of others and expects its users to do the same.
It is BC’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BC will respond expeditiously to claims of copyright infringement committed using the BC mobile device applications or website (the “Services”) that are reported to BC’s Designated Copyright Agent, identified in the sample notice below.
Notification of Trademark Infringement:
If you believe that your trademark (the “Mark”) is being used on the Service by a user in a way that constitutes trademark infringement, please provide BC’s Designated Copyright Agent (specified above) with the following information:
Your full legal name and your electronic or physical signature.
Information reasonably sufficient to permit BC to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
Information reasonably sufficient to permit BC to identify the use being challenged.
Include both of the following statements in the body of the notice:
“I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
“I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”
Upon receipt of notice as described above, BC will seek to confirm the existence of the Mark on the Services, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.
Beer Converter IP Guidelines
When using the Beer Converter™ logo or Wordmark you must make sure not to imply any relationship with the Beer Converter™ brand to avoid confusion. Using the trademark in a way that will suggest your material is in connection to Beer Converter™ is a serious infringement of trademark rights. Anything having a negative impact on the Beer Converter™ brand in not allowed. Negative impact is determined at our sole discretion. You should not use the Beer Converter™ trademark to refer to any other service than the Beer Converter™ Application owned by Beer Converter Corp. You cannot use Beer Converter™ in the name of your application, website or other product. If you make any Beer Converter™ related content it must be original material that does not infringe the copyright of Beer Converter or third parties. You can not use the Beer Converter™ logo anywhere to advertise or identify your website, application or other material. Imitating the Beer Converter™ design, logo or typefaces is not allowed. Any usage, which will lead to confusion of origin or impersonate the Beer Converter™ brand, is strictly forbidden.
Modifying any Beer Converter™ trademarks is forbidden.
You cannot use any intellectual property rights belonging to Beer Converter™ for financial gain. Access to any original fan material you have created must be free. You cannot sell any material that uses our Intellectual property, as that could entail financial gain. Requesting payment for download, content, or subscription in not allowed. We have the right to decide at our sole discretion that your use of our Intellectual property is infringing or inappropriate and therefore not allowed. If we decide for any reason that you are not allowed to use our Intellectual Property you have an obligation to stop all distribution of your infringing material immediately.
If you make any material in connection to Beer Converter™ you are agreeing that Beer Converter Corp can use, copy, modify, distribute and make derivative works of your material in any form, free from royalty, non-exclusive, irrevocable, transferable, sub-licensable, on a worldwide basis, for any purpose and without approval, credit, or compensation to you.
Beer Converter is not responsible for your illegal use of a third party’s intellectual property. If a legal claim is brought against us that is related to your material you will have to pay our legal fees and costs related to this lawsuit, attorney’s fees, settlement or judgment amount that we are required to pay as a result.