Welcome! These terms of service (the “Agreement”) govern your use of the beerwarsmovie.com website (“Beerwarsmovie”). If you do not agree with any provision herein, you may contact us at firstname.lastname@example.org. However, by using Beerwarsmovie, you are agreeing to be bound by these terms. The terms “you,” “your” or “Member” shall refer to any individual or entity who accepts the terms and conditions of this Agreement by using, viewing, transmitting, caching, storing and/or otherwise utilizing Beerwarsmovie, the services or functions offered in or by Beerwarsmovie and/or the contents of Beerwarsmovie in any way. The terms “beerwarsmovie.com”, “we,” “us”, or “our” shall refer to beerwarsmovie.com.
Description of Service
Beerwarsmovie provides you with various services, including but not limited to the capability to post information to a web page and participate in web-based discussions. The requirements for any service or option will be clearly explained and separately agreed to when Member implements those options, if any.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. beerwarsmovie.com does not control content posted via Beerwarsmovie and, as such, does not guarantee the validity of such content. You also understand that by using Beerwarsmovie, you may be exposed to content that is offensive, indecent or objectionable. Should content be found or reported to be in violation with, but not limited to, the following terms, it will be our sole discretion as to what action should be taken.
You agree to not use Beerwarsmovie to:
- Upload, post or otherwise transmit any content that is in our sole and absolute opinion unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way, as may be determined by beerwarsmovie.com in its sole and absolute discretion or under applicable law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Beerwarsmovie;
- Upload, post or otherwise transmit any content for which you do not have a right to disseminate or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any advertising or promotional materials not authorized by this Agreement, including but not limited to, “junk mail,” “spam,” “chain letters” or “pyramid schemes;”
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt Beerwarsmovie or servers or networks connected to Beerwarsmovie, or fail to follow any and all requirements, procedures, policies or regulations of networks connected to Beerwarsmovie;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another person or company;
- Collect or store personal data about other users for business purposes;
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- Use beerwarsmovie.com as a forwarding service to another website, or allow use of Beerwarsmovie by third parties in violation of this Agreement.
Changes in Terms and Conditions
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of Beerwarsmovie following the posting of changes to this Agreement will mean you accept those changes.
Representations and Warranties
Beerwarsmovie.com represents and warrants that it has full power and authority to enter into this Agreement. YOU AGREE THAT YOU WILL USE BEERWARSMOVIE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN BEERWARSMOVIE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN BEERWARSMOVIE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT BEERWARSMOVIE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN BEERWARSMOVIE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BEERWARSMOVIE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE BEERWARSMOVIE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH BEERWARSMOVIE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, BEERWARSMOVIE OR THE SERVICES OR FUNCTIONS OF BEERWARSMOVIE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, BEERWARSMOVIE OR YOUR RELIANCE UPON, BEERWARSMOVIE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, BEERWARSMOVIE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE BEERWARSMOVIE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH BEERWARSMOVIE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF BEERWARSMOVIE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON BEERWARSMOVIE OR ANY WEB SITE LINKED TO BEERWARSMOVIE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY BEERWARSMOVIE, OR OTHERWISE CONNECTED WITH YOUR USE OF BEERWARSMOVIE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US WILL CREATE A WARRANTY OF ANY KIND AND MEMBERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF BEERWARSMOVIE, OR TO DENY ACCESS TO BEERWARSMOVIE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON BEERWARSMOVIE.
Member shall indemnify, defend, and hold harmless beerwarsmovie.com, and its affiliates and their respective officers, directors, shareholders, employees, agents, attorneys and representatives (collectively, the “Indemnities”), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by the Indemnities (“losses”), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this agreement.
You understand and agree that all materials contained in Beerwarsmovie, including but not limited to, information you publish through Beerwarsmovie or otherwise enter into Beerwarsmovie-related services (collectively, the “Works”) are Beerwarsmovie’s copyrighted property and that Beerwarsmovie shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), relating to the Works (and any derivative works or enhancements thereof), In this regard, you agree that with respect to the Works, this Agreement will constitute your assignment to Beerwarsmovie of all rights therein and thereto, including, without limitation, all Intellectual Property Rights therein and thereto. The Works shall be the sole property of Beerwarsmovie, in perpetuity, free from any claims by you or any other person and we shall have the right to use and control the same. Beerwarsmovie or our designee shall have the exclusive right to register the copyrights to all or any portion of the Works in its name as the author and owner of them and to secure any and all renewals and extensions of such copyrights. You will execute and deliver to Beerwarsmovie such instruments of transfer and other documents regarding our rights in the Works subject to this Agreement as we may reasonably request to carry out the purposes of this Agreement, and we may sign such documents in your name (and you hereby appoint us your agent and attorney-in-fact for such purposes) and make appropriate disposition of them consistent with this Agreement. For purposes of the Agreement, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. The Works may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Beerwarsmovie. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to beerwarsmovie.com in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.
In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.
Member may not assign any of its rights or delegate any of its duties under this Agreement without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. This Agreement shall be governed and interpreted by the laws of California. Member is an independent contractor and in no way and under no circumstances that Member should look to us for compensation and benefits as an employee. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties under this Agreement.