1. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE.
2. You acknowledge and agree that you are of legal drinking age. If you are an under-aged person, you are not allowed to access or use this Web site, including accessing advertising or marketing information on the site. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of Band of Brewers Company’s products or merchandise or to participate in any of our promotions or other offers on this Web site or otherwise.
3. This Web site has been designed to comply with United States law. Band of Brewers Company does not represent that the content of this Web site is appropriate for locations outside the United States. If you access this Web site from locations outside the United States, you are responsible for complying with all applicable local laws.
4. The copyrights to all contents of this Web site are proprietary to Band of Brewers Company or its third party licensors, and you may not reproduce, post on any other Web site, modify, distribute or transmit any portion of this site without the express written consent of Band of Brewers Company. Any name, logo, trademark or service mark contained on this Web site is owned or licensed by Band of Brewers Company and may not be used by you without the prior written consent of Band of Brewers Company. You may access this Web site for your individual noncommercial use only. Any unauthorized use of the content of this Web site may subject you to civil or criminal penalties.
5. Although Band of Brewers Company makes all reasonable efforts to ensure that the content of the Web site is updated and correct, Band of Brewers Company makes no warranties as to its accuracy. ALL MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. IN NO EVENT SHALL BAND OF BREWERS COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY INFORMATION PROVIDED ON THIS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Any material or communication transmitted by you to this Web site will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to Band of Brewers Company may be used by Band of Brewers Company in any manner, including reproduction, transmission, publication or broadcast without compensation.
8. You may not post or transmit to this Web site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material. Notwithstanding the fact that Band of Brewers Company or other parties are involved in creating, producing or delivering this Web site, may monitor or review transmissions, postings, or discussions, Band of Brewers Company assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. Although this Web site may be linked to other Web sites, Band of Brewers Company does not endorse, approve, certify or sponsor the linked site unless specifically stated therein. Band of Brewers Company is not the owner of, does not control and is not responsible for any content of any Web site linked to this Web site. Your linking to other Web sites is at your own risk.
10. You must obtain Band of Brewers Company's permission to link this Web site to your Web site. Band of Brewers Company will only authorize links to sites when the majority of the actual audience of the site is 21 years of age or older.
11. You agree to the terms and conditions of the Band of Brewers Company Privacy Policy.
12. You agree that any litigation between you and Band of Brewers Company arising from or pertaining to the use of this website, any advertising associated with the Web site, or any link accessible from or providing access to this website shall be governed by Illinois law and that exclusive jurisdiction resides in the courts of the State of Illinois.
13. You acknowledge and agree that Band of Brewers Company reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information and materials contained on this Web site. You further acknowledge and agree that by entering this Web site you will be bound by any such revisions to the Web site and that Band of Brewers Company has encouraged you to periodically visit the Web site and this page to review these terms and conditions.
Band of Brewers Company Copyright Policy
Band of Brewers Company respects the intellectual property rights of others, and we ask our users to do the same. Band of Brewers Company may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied, framed or otherwise used on this Web site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Copyright Agent for Band of Brewers Company for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of the material that you claim infringes on the intellectual property and the location of such material;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The Copyright Agent for Band of Brewers Company can be reached as follows:
Band of Brewers Company
Attn: Copyright Agent
250 South Wacker Drive
Chicago IL 60606
If Band of Brewers Company receives such a notification, Band of Brewers Company reserves the right to remove or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Band of Brewers Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Band of Brewers Company will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Band of Brewers Company with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
1. The user's electronic or physical signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
3. A statement under penalty of perjury that you have 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; and
4. The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which Band of Brewers Company may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter-notification under the DMCA, Band of Brewers Company will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Band of Brewers Company will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless the designated Copyright Agent for Band of Brewers Company first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Web site or Band of Brewers Company server.
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