Thank you for visiting our website or mobile application on which these Terms and Conditions reside (collectively, the “Platform”), which is owned and provided by Grant’s Farm LLC. Your use and access of the Platform is governed by and subject to the following Terms and Conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Platform or any services offered by the Platform. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE THIRTEEN (13) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN THIRTEEN (13) YEARS OLD, DO NOT USE THIS WEBSITE.
Member Accounts — In order to use certain features of the Platform, you may need to create an account (“User Account”). If the Platform requires you to create a User Account, you may never use another User’s Account without permission. All content posted by you via your User Account must comply with the Beer Institute Advertising and Marketing Code.
Intellectual Property Ownership — Unless otherwise noted, all text, content and documents on the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the “Content”) are owned by Grant’s Farm LLC (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Grant’s Farm LLC and you, all right, title, and interest in and to the Content will at all times remain with Grant’s Farm LLC and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Platform are registered and/or common law trade names, trademarks, or service marks of Grant’s Farm.
Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. Grant’s Farm grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without ’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Grant’s Farm in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Grant’s Farm, the Owner, or any third party referenced therein. Grant’s Farm reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Grant’s Farm’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Grant’s Farm may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Social Media Sites and Third-Party Links — From time to time, the Platform may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Grant’s Farm provides these features, functionality, and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Grant’s Farm is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site or Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Grant’s Farm or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Grant’s Farm (if any) or any consideration you may receive from Grant’s Farm in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Grant’s Farm or any of its products on any Social Media Site, regardless of any material connection you may have with Grant’s Farm or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING GRANT’S FARM OR ANY OF GRANT’S FARM’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT GRANT’S FARM, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.
Posting Policy
No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. Grant’s Farm shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
United States Only — This Platform is intended only for users in the United States. By using the Platform, you agree and acknowledge that the Platform is hosted in the United States and that data collected through the Platform will be stored and processed in the United States. Please be advised that through your continued use of this Platform, which is governed by U.S. law, these Terms and Conditions. Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Missouri with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platform, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Missouri, and (c) the exclusive jurisdiction of the courts of the United States and the State of Missouri.
Disclaimers —Grant’s Farm reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.
Warranties, Limitation of Liability — THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. Neither Grant’s Farm LLC, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the Platform, or arising out of any action taken in response to or as a result of any Content or other information available on the Platform, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Grant’s Farm fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The foregoing shall apply even if Grant’s Farm was advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS. If you become dissatisfied in any way with the Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy is to stop your use of the Platform and its services. You hereby waive any and all claims against Grant’s Farm and its affiliates, agents, representatives, and licensors arising out of your use of the Platform—except in the event Grant’s Farm fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.
No Framing; Links; Third Party Sites — Framing, in-line linking, or other methods of association with the Platform are expressly prohibited without prior written approval from Grant’s Farm.
Miscellaneous — Grant’s Farm’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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