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Privacy Policy Beer.com Terms of Use and User Agreement PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. 1. Ownership of Site; Agreement to Terms of Use. These Terms and Conditions of Use (the "Terms of Use") apply to the Beer.com web site located at www.Beer.com (the "Site"). The Site is the property of BEER.COM, LLC ("Beer.com," "we," "us," or "our") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use constitute a legally binding agreement between you and Beer.com. The Site may also contain links or references to additional rules, policies, and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us. Beer.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Once we post them on the Site, these changes become effective immediately, and your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Beer.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. The words "use" or "using" in this agreement, mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described above. 2. Age Limitation on Users. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately. 3. User Conduct. As a member of the Beer.com community, you are expected to treat other users with the same level of respect you would like yourself. Forum administrators will enforce banning users and deleting of topics when conduct becomes abusive or disruptive to the community. Beer.com reserves the right to enforce such actions to all registered users of its community. Users caught attempting to disrupt the site via hacking or any programming means will be prosecuted with any and all legal measures available to Beer.com. 4. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned or controlled by Beer.com, its subsidiaries, affiliates, licensors or suppliers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Content" as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, print or reproduce from the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used to create a derivative work, copied, reproduced, republished, uploaded, modified, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Beer.com' express prior written consent. Any unauthorized or prohibited use of any Content, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. 5. Your Privacy. Beer.com respects your privacy and the use and protection of your personal information. Beer.com' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Beer.com' Privacy Policy, click here. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to register and provide us with certain information about you ("User Information"), in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 6. Relevant information. Information you post is expected to be acceptable to general audiences. It is also expected to stay within genres of the discussion. Beer.com reserves the right to use any information users post on the site as it sees fit including editing said material or deleting it. 7. Your Use of the Site. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: * be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages; * transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information; * modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; * collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; * use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; * attempt to gain unauthorized access to any portion or feature of the Site, other users' accounts, names, passwords, User Information or any other systems or networks connected to the Site or to any Beer.com server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement; * use, or knowingly condone others to use, the Site or any Content for any purpose that is prohibited by these Terms of Use; * violate or solicit others to violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise. Doing any of these things will result in Beer.com banning you from the Site. Users like to share interesting links and this is not discouraged on the Site. However, we will not tolerate links to inappropriate sites containing pornographic material or any illegal activity such as pirating of software. 8. Content control. With the large amount of posts per day, it is impossible to monitor everything. Beer.com and its affiliates are not responsible for user messages or other related user content. 9. Postings. Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of Beer.com or its affiliates. Beer.com and its affiliates shall not be liable for any Posting that is in violation of this agreement. In no event shall Beer.com have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to Beer.com to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on Beer.com. If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize Beer.com to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Beer.com the right to use such Posting as described above; and (d) Beer.com has the right to delete, re-format and/or change your Posting in any manner that Beer.com may determine (although you will not be responsible for any changes made by Beer.com). Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. 10. Entertainment Advertising. Beer.com relies on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that Beer.com may display advertisements and promotions of all kinds in and with the services. 11. Account Access. Certain features or services offered on or through the Site may require you to open an account (including setting up a Beer.com ID and password). We may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You agree to notify Beer.com immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Beer.com or any other user of or visitor to the Site due to someone else using your Beer.com ID, password or account. You may not use anyone else's Beer.com ID, password or account at any time without the express permission and consent of the holder of that Beer.com ID, password or account. Beer.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations or related to the theft, misappropriation, or permitted use by another of your user name or password. In order to ensure that Beer.com is able to provide high-quality services that are responsive to our members' needs, you agree that Beer.com has access to your account and records as reasonably needed to investigate complaints. Further, Beer.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Beer.com' rights or property, or the rights or property of visitors to or users of the Site, including Beer.com' customers. Beer.com reserves the right at all times to disclose any information that Beer.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. Beer.com also may disclose your information when Beer.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Beer.com may preserve any transmittal or communication by you with Beer.com through the Site or any service offered on or through the Site, and may also disclose such data to third parties if required to do so by law or Beer.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Beer.com, its employees, users of or visitors to the Site, and the public. You agree that Beer.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site, with or without cause, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, without any liability or further obligation of any kind whatsoever to you or any other party. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Beer.com, for which monetary damages would be inadequate, and you consent to Beer.com obtaining any injunctive or equitable relief that Beer.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Beer.com may have at law or in equity. 12. Other Terms and Conditions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Beer.com' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Beer.com may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Beer.com makes no commitment to update the materials on the Site with respect to such products and services. 13. Disclaimer of Warranties. You expressly understand and agree that: Your use of the service is at your sole risk. The Site and all Content, products, and Postings are provided on an "AS IS" and "AS AVAILABLE" basis. Beer.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Beer.com makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, error-free, or free of malicious code (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of Beer.com is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Beer.com, our third party service providers, or through or from the site will create any warranty not expressly stated in the Agreement. 14. Links to Other Sites and to the Beer.com Site. This Site may contain links or other forms of re-direction mechanisms leading to independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Beer.com' control, and Beer.com and its affiliates are not responsible or liable to you for and do not endorse the content or goods or services associated with such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. If any Linked Site obtains or collects personally identifiable information from you, in no event shall Beer.com assume or have any responsibility or liability. Please read our Privacy Policy which describes how Beer.com collects and uses your personal information. 15. Limitation of Liability. Except where prohibited by law, in no event will Beer.com or its affiliates or their respective officers, directors, employees, agents, licensors or suppliers be liable to you for any loss or damage, of any kind, direct or indirect, including, but not limited to, consequential, exemplary, incidental or punitive damages, or lost profits, even if Beer.com has been advised of the possibility of such damages. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Beer.com, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for Beer.com, to refund any monies actually paid by you for the product involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Beer.com assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you. 16. Indemnity. You agree to indemnify, defend and hold Beer.com, its affiliates, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, actions, damages, costs or expenses (including attorneys' fees), made against Beer.com by any third party due to or arising out of or in connection with your use of the Site. Beer.com reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Beer.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by Beer.com. 17. Miscellaneous Terms; Governing Law; Dispute Resolution. The Site is operated by or on behalf of Beer.com and is intended solely and exclusively for users who are at least 13 years of age or older. This agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Beer.com and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement. No action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) to the extent allowable by law. This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of California applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Los Angeles County in the State of California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. In the event of any controversy or dispute between Beer.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW. 18. Notice and Procedure for Making Claims of Copyright Infringement. This Copyright Compliance Policy sets forth the procedures undertaken by Beer.com, LLC to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of any subsidiaries and affiliates (collectively, �Affiliates�), or any other company, unless specifically stated. This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms of Service Agreement [link to TOS]. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Service Agreement. Both the Terms of Service Agreement and this Copyright Compliance Policy are legally binding on all users. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. How to Send a Notice of Copyright Infringement In you are a copyright owner (or the owner�s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity. Send your notice of infringement to our designated agent for receiving such notices: Name of Agent Designated to Receive Notification of Claimed Infringement: Full Address of Designated Agent to Which Notification Should be Sent to: Beer.com, 2333 North Sheridan Way, Mississauga, ON, Canada, L5K 1A7 Telephone Number of Designated Agent: Facsimile Number of Designated Agent: Email Address of Designated Agent: copyrightnotice@beer.com DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site. (3) 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 the service provider to locate the material. (4) Information reasonably sufficient to permit the service provider 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. (5) 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. (6) 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. WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. How to Send a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement. If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows: You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above. Your counternotice must be a written communication sent and must include substantially the following information: (1) A physical or electronic signature of the subscriber (you the user). (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (3) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (4) The user�s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user�s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person. When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled �Postings�, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material. WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. Repeat Infringer Policy We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor. Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid. This Copyright Compliance Policy was last modified on March 17, 2008, effective immediately. ---------------------------------- Beer.com Agreement and Privacy Policy User Agreement ---------------------------------- Overview We take your privacy seriously. Because we gather certain types of information about our users we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. Children The Beer.com member area is not directed to children under the age of 13. Beer.com prohibits registration by, and Beer.com will not knowingly collect personally identifiable information from, anyone under 13. This requirement will be posted at points of data collection within Beer.com, such as registration for services. Information Collected Our primary goal in collecting personal information is to provide you with the best and most useful content and services. We collect personally identifiable information when you provide it to us, such as when you register on our site. Services that we offer on our sites, such as message boards, may require registration as a condition of use. This personally identifiable information is limited to: 1. First and last name 2. Email address 3. Date of Birth 4. Gender 5. State and country of residence Cookies On the Internet, a "cookie" is a piece of information (a file) that a Web site transfers to a user's computer for record-keeping purposes. The use of cookies is common on the Internet. The process we use to serve advertisements and to track use of Beer.com involves cookies. We use cookies to recognize users who have already registered on Beer.com, allowing those users to speed up their future activities on the site. Cookies help Beer.com track the frequency and placement of advertisements. Cookies also enable us to measure aggregate (total) usage and traffic to Beer.com. This aids us in producing content that best meets our users' preferences. We may use that information to display advertisements that we think will be of particular interest to you. You may configure your browser to reject cookies, but this may interfere with some functionality of Beer.com. Certain pages of Beer.com may contain electronic images (called a "single-pixel GIF" or "web beacon") that allow a web site to count users who have visited that page. Beer.com may occasionally use web beacons in order to count users and to recognize registered users by accessing the Beer.com cookies. Information Use We use the information we gather for four general purposes: * To customize the advertising and content you see. * To enhance the user experience. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you. * To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling users to participate in polls, contests and message boards. * To send you information you agreed to receive about topics we think will be of interest to you. Information Shared Personally identifiable information We will make your personally identifiable information available to other companies or people when: * We have your consent to share the information * We have engaged companies to work with us or on our behalf to provide a product or service that you have requested, such as opt-in e-mail announcements * We respond to subpoenas, court orders, or legal process; or we believe that your actions violate applicable laws, Beer.com' Terms of Use or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our company, our users, or others Updating Personal Information You can review, correct or change the information collected during registration by visiting your preferences page after you login. Users may change information at any time and as often as necessary. Users who are experiencing problems with our services or who have questions about how our services work can contact us using e-mail addresses at the bottom of this page. Beer.com reserves the right to restrict access at will to users who are perceived as being detrimental to the community.
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