Updated November 19, 2007
- Agreement to terms: By entering this web site (the “Site”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.
- No entry for under-aged persons: You must be 21 years of age or older to use this Site.
- Ballantine Beer is the copyright owner of this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without Ballantine Beer’s express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates Ballantine Beer’s legal rights.
- By entering this site you acknowledge and agree that any communication or material you transmit to this site or Ballantine Beer, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Ballantine Beer may be used by Ballantine Beer anywhere, anytime, and for any reason whatsoever.
- By entering this site you acknowledge and agree that any name, logo, trademark, or servicemark contained on this site is owned or licensed by Ballantine Beer and may not be used by you without prior written approval. Ballantine Beer will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of Ballantine Beer or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
- Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that Ballantine Beer or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, Ballantine Beer and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
- By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
- Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while Ballantine Beer makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Ballantine Beer makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Shopping: This Site may offer shopping services by us or by a firm that operates a store under contract with us. If our Site offers shopping or other commercial services, you will be asked to use a customer order form to request information, products or services. The order form will request contact information (such as name and email address), financial information (such as account and/or credit card numbers) and demographic information (such as zip code and age). The financial information that you provide will be used to bill you for those products and services you have requested. By giving our Site your credit card and related personal information, you are authorizing our store, or the firm operating the store under contract with us, to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval. We will also use the contact information provided on the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary.
- User Content Posted on the Site: You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter,”post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
- Although this site may be linked to other sites, Ballantine Beer is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that Ballantine Beer has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.