TERMS OF USE

Terms of Use

Last updated: February 15, 2021

Thank you for visiting our website or mobile application on which these Terms of Use reside (collectively, the “Site”), which is owned and provided by Armed Forces Brewing Company, Inc., a company organized and existing under the laws of the state of Delaware, and its Affiliates (“Armed Forces”, “we”, “our” or “us”).  Your use and access of the Site is governed by and subject to the following Terms of Use.  If you do not agree to these terms, or if you do not agree with our Privacy Policy please do not use the Site or any services offered by the Site.  BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS OF USE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE REACHED THE LEGAL DRINKING AGE.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE UNDER THE LEGAL DRINKING AGE, DO NOT USE THIS WEBSITE.

Intellectual Property Ownership. Unless otherwise noted, all text, content and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Content”) are owned by Armed Forces (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 Armed Forces and you, all right, title and interest in and to the Content will at all times remain with Armed Forces and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site, are registered and/or common law trade names, trademarks or service marks of Armed Forces.

Limited Use; Restrictions on Use. You are permitted to use the Content and/or any services and products on the Site for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited.  Armed Forces 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 Armed Forces’ 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 Armed Forces 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 Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Armed Forces, the Owner, or any third party referenced therein.  Armed Forces 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 Site shall be construed as conferring any license under Armed Forces’ and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, Armed Forces may revoke any of the foregoing rights and/or your access to the Site, 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 Site 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”).  Armed Forces provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Armed Forces 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 of 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 Armed Forces or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Armed Forces (if any) or any consideration you may receive from Armed Forces in connection with your comment (if any).  Under no circumstances are you authorized to make any claim regarding Armed Forces or any of its products on any Social Media Site regardless of any material connection you may have with Armed Forces or your receipt of any consideration.  If you make any claim regarding Armed Forces or any of Armed Forces’ products on a social media site in violation of the foregoing, you, and not Armed Forces, shall be the sole author of such claim and shall be solely liable, therefore.

Submitted Ideas. While Armed Forces appreciates your interest, we expressly request that you do not submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”).  Should you ignore our request and choose to send any Submitted Ideas to us, please note that we ask that you never submit an idea that you consider to be confidential and/or proprietary.  All Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Armed Forces.  Further, you understand and acknowledge that Armed Forces employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that Armed Forces is only willing to receive the suggestion on these terms.  In any event, you acknowledge and agree that Armed Forces assumes no obligation of confidentiality or nondisclosure, express or implied by receiving or considering your Submitted Ideas.  Without limitation, Armed Forces shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation.

Posting Policy – Community Guidelines. In addition to links to Social Media Sites, the Site itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the Armed Forces relevant sections of the Social Media Sites, the “Community Forums”).  If the Site includes any Community Forums, the restrictions and obligations contained in this Section shall apply. Armed Forces shall monitor the Community Forums on a regular basis for any readily apparent violations of these Terms of Use or illegal content.  Notwithstanding the foregoing, you acknowledge that Armed Forces is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content.  Armed Forces reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

By using this site, you: (a) authorize Armed Forces to collect and store any comments, images, or other content that you upload, post, or submit (“Submissions”) on our servers and systems in accordance with our Privacy Policy, (b) grant Armed Forces an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the Submissions into Content that may be commercial in nature.  In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions.  Finally, you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

  1. Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate state or federal securities laws and/or regulations;
  3. Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
  8. Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Armed Forces or its affiliates or its users to any harm or liability of any type.

No Archive. Even if this Site includes features and functionality that permit you to upload certain Submissions to our services or systems, this Site is not and shall not function as an archive.  Armed Forces 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.

Disclaimers. Armed Forces reserves the right to change any part of the Site at any time without notice, subject to the “NOTICE” provision set forth below.

Warranties, Limitation of Liability. THIS SITE 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 SITE OR ANY INFORMATION OR SOFTWARE THEREIN. Neither Armed Forces, 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 Site, or arising out of any action taken in response to or as a result of any Content or other information available on the Site, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Armed Forces fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.  The foregoing shall apply even if Armed Forces 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.  If you become dissatisfied in any way with the Site Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Site and its services. You hereby waive any and all claims against Armed Forces and its affiliates, agents, representatives and licensors arising out of your use of the Site – except in the event Armed Forces fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Digital Millennium Copyright Act. Where applicable under applicable laws, Armed Forces is committed to respecting and protecting the legal rights of copyright owners. As such, Armed Forces adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (i) be provided to Armed Forces’ designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

  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 at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access 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 you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have 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; and
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Armed Forces’ Copyright Agent to receive DMCA Takedown Notices is: email: [email protected]  For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable e-mail address posted on the Site.  You acknowledge that in order for Armed Forces to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites. Framing, in-line linking or other methods of association with the Site are expressly prohibited without prior written approval from Armed Forces.

Ability to Accept Terms of Use. You affirm that you have the legal capacity and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use and to abide by and comply with the Terms of Use.

Assignment. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Armed Forces without restriction.

Notice.  From time to time, we may revise these Terms of Use.  To help you stay current of any changes, Armed Forces may take one or more of the following steps: (1) Armed Forces notes the date the Terms of Use was last updated above, and (2) when Armed Forces makes a material change to the Terms of Use, we may post conspicuous announcements of such changes on the Site next to the link to these Terms of Use.  Your use of the Site following the posting of any revised Terms of Use shall be deemed acceptance of the revised Terms of Use.  Armed Forces strongly recommends checking the Terms of Use periodically.  If we are required by law to obtain your express consent for any changes to the Terms of Use, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

Indemnity. You agree to indemnify Armed Forces for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Armed Forces, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Armed Forces will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Governing law. These Terms of Use, the use of the Site, services and/or any contractual or non-contractual (including pre-contractual) matters in connection with their conclusion, validity, interpretation, enforcement, performance and termination shall be governed by and construed in accordance with the laws of the State of Delaware, to the extent that the laws of Delaware are not overridden by applicably mandatory laws, e.g. consumer protection laws you would mandatorily benefit from.

Without prejudice to your mandatory rights under applicable laws to refer any claims to other competent courts, any dispute arising out of or in connection with these Terms of Use, the use of the Site, services and/or any contractual or non-contractual (including pre-contractual) matters in connection with their conclusion, validity, interpretation, enforcement, performance and termination will be submitted to the exclusive jurisdiction of the courts of Delaware.

Privacy Policy. A complete statement of Armed Forces’ current privacy policy can be found by clicking the “Privacy Policy” link on the home page of the Site. Armed Forces’ privacy policy is expressly incorporated into these Terms of Use by this reference.

Prohibited Uses. Armed Forces imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Armed Forces in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Miscellaneous. Armed Forces’ failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have any questions or comments regarding these Terms of Use please contact us by using the “Contact Us” form on the Site.

©2021, Armed Forces Brewing Company. Inc.

 

Armed Forces Brewing Company and its subsidiaries are not affiliated with, endorsed by, employed by, contracted by, in any way, shape, or form, with or by any branches of the US Government, DoD, or any branch of the US Military.

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