Terms and Conditions of Use
YOU AND BEERPROPHET.COM, OWNED AND OPERATED BY Zooqini, LLC. (THE "COMPANY", "WE" OR "US") AGREE THAT YOUR ACCESS TO AND USE OF THE BEERPROPHET.COM WEB SITE (THE "SITE"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (THE "AGREEMENT"). THE COMPANY IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE AND/OR THE CARPOOL ARRANGEMENT SERVICES OFFERED BY THE SITE (THE "SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR USE THE SITE OR THE SERVICES.
2. USER NAME AND PASSWORD. As part of the registration process, You will be asked to select a username and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is overly vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of Your username and password and agree not to transfer or resell Your use of or access to the Site to any third party. If You have reason to believe that Your account is no longer secure, You must promptly change Your password by updating Your account information and immediately notifying us by email. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT RESULT FROM USE OF YOUR USERNAME AND PASSWORD.
3. AGE RESTRICTIONS. You represent and warrant that You are at least 21 years old. By using this Site, You represent and warrant that You have the right, authority and capacity to enter into these Terms and Conditions and to abide by these Terms and Conditions.
4. NO PRE-SCREENING. You acknowledge that We do not confirm the identity of users. We do not conduct background checks, including but not limited to criminal background checks and/or DMV record checks, of other users to ensure their appropriateness for recommendations on Beer Prophet.
5. TERM AND TERMINATION: These Terms and Conditions will remain in full force and effect at all times. Either You or We may terminate Your registration with the Site by removing Your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Even after registration is terminated, these Terms and Conditions will remain in effect.
6. PUBLISHING OF CONTENT. You hereby acknowledge and agree that You are solely responsible for all materials that You publish or display (hereinafter, "post") on the Site, including without limitation, information, code, data, text, sound, links, photographs, pictures, graphics, video, chat, and messages ("Content"). You represent and warrant that You have all legal rights necessary to post any Content on the Site or that You own such Content. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of Your Content for any reason and at its sole discretion.
7. LICENSE TO CONTENT. By posting Content on the Site, You automatically grant, and You represent and warrant that You have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
8. USE OF OTHER USERS' CONTENT. Other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
9. USE OF WEB SITE.
A. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information. You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Site. You will not transmit any chain letters or junk email to other users. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
B. You are solely responsible for the Content You post on the Site, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity. We reserve the right, but We have no obligation, to reject any profile that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
C. Email communications sent from Us or through Us are designed to make Your online experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, beer related emails, emails informing You about events and parties We organize, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
D. You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that You have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion.
The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under these Terms and Conditions:
(i) You will not impersonate any person or entity.
(ii) You will not "stalk" or otherwise harass any person.
(iii) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(iv) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
(v) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(vi) You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
(vii) You will not interfere with or disrupt any Service or any site, servers or networks connected to Site.
(viii) You will not post, email 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.
(ix) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(x) You will not "frame" or "mirror" any part of the Site without Our specific prior written consent.
(xi) You will not use meta tags or code or other devices containing any reference to Us or the Site in order to direct any person to any other web site for any purpose.
(xii) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site.
(xiii) You will not use the Services for commercial purposes.
(xiv) You will not "stalk" or otherwise harass another.
10. LINKS TO OTHER WEB SITES. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Services does not imply approval or endorsement of the linked web site by us. If You decide to leave the Site and access these third-party sites, You do so at Your own risk.
11. LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. INDEMNITY. You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: (i) Your breach of any representations or warranties made by You hereunder or Your breach of any term of these Terms and Conditions; (ii) Your use of the Services; or (iii) or Your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to Your use of the Site or the Services.
13. USE OF SITE CONTENT. All Content on the Site, is the proprietary property of the Company or its licensors (including Site users). Subject to the terms of these Terms and Conditions, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in these Terms and Conditions, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Site are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
14. DISCLAIMER OF WARRANTIES. The Company is not responsible for any incorrect or inaccurate Content published on the Site or in connection with the Services, including Content published by users of the Site or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site or any Content published on the Site. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES.
15. GOVERNING LAW. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, these Terms and Conditions shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms and Conditions shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, You consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon You in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
16. MISCELLANEOUS. These Terms and Conditions set forth the entire agreement between You and the Company pertaining Your use of the Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Site after any such changes constitutes Your acceptance of the revised Agreement. If You do not agree to abide by these Terms and Conditions or any future revised Agreement, do not use or access the Services or the Site. It is Your responsibility to regularly review these Terms and Conditions. If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms and Conditions shall continue in full force and effect. The Company's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.