Terms of Service

Terms of Service

  1. Your acceptance
    1. By using or visiting the TalkBeer website or any TalkBeer products, software, data feeds, and services provided to you on, from, or through the TalkBeer website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) TalkBeer’s Privacy Policy, found at http://www.talkbeer.com/community/help/privacy and incorporated herein by reference, and (3) TalkBeer’s Community Guidelines, found at http://www.talkbeer.com/community/help/guidelines and also incorporated herein by reference. If you do not agree to any of these terms, the TalkBeer Privacy Policy, or the Community Guidelines, please do not use the Service.
    2. These Terms of Service are effective as of January 25, 2015. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.talkbeer.com/community/help/terms. TalkBeer reserves the right to change these Terms of Service from time to time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  2. Service
    1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, reviews, forum content, private messages, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of TalkBeer, including but not limited to all products, software and services offered via the TalkBeer website, such as the TalkBeer forums, TalkBeer beer and place profiles and reviews, TalkBeer merchandise, and other applications.
    2. The Service may contain links to third party websites that are not owned or controlled by TalkBeer. TalkBeer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TalkBeer will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve TalkBeer from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  3. TalkBeer Accounts
    1. In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TalkBeer immediately of any breach of security or unauthorized use of your account.
    2. Although TalkBeer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TalkBeer or others due to such unauthorized use.
    3. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
    4. You may request that access to your account be disabled at any time. Please submit your request using our Contact Us page, located at http://www.talkbeer.com/community/misc/contact. Note that content published to the Service pursuant to these Terms of Service may only be removed at TalkBeer’s sole discretion.
  4. Conduct
    1. Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
      1. promotes the excessive or irresponsible consumption of alcohol, or promote illegal use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message;
      2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
      3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      4. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
      5. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
      7. impersonates any person or entity, including any of our employees or representatives;
      8. depicts, and cannot itself be in, violation of any law.
  5. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. The content reporting tools on the Service are only to be used to bring attention to objectionable content. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
  6. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
  7. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  8. Your Health and Safety
    1. TalkBeer discourages excessive or irresponsible consumption of alcoholic beverages and promotes the enjoyment of quality over quantity. TalkBeer encourages you to drink responsibly, use a designated driver or other means of transportation when drinking, Please discontinue your use of the Service and seek support immediately if you suspect that you may have a drinking problem or if others are encouraging you to do the same.
  9. Intellectual Property Information
    1. As a TalkBeer account holder you may submit Content to the Service, including forum content and beer/place descriptions and reviews. You understand that TalkBeer does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to TalkBeer all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to TalkBeer, you hereby grant TalkBeer a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and TalkBeer's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that TalkBeer may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TalkBeer all of the license rights granted herein.
    5. You further agree that you will not submit to the Service any Content or other material that is contrary to the TalkBeer Community Guidelines, currently found at http://www.talkbeer.com/community/help/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    6. TalkBeer does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and TalkBeer expressly disclaims any and all liability in connection with Content. TalkBeer does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and TalkBeer will remove all Content if properly notified that such Content infringes on another's intellectual property rights. TalkBeer reserves the right to remove Content without prior notice.
  10. Unauthorized Use of Materials
    1. We respect the intellectual property of others, and we ask you to do the same. Subject to our Privacy Policy, any communication or material that you transmit to the Service or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
    2. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
    3. TalkBeer provides you with tools to import and republish your own Content on the Service.  Your use of these tools and all content published to the Service using these tools are subject to these Terms of Service. These tools are provided for the express purpose of allowing you to republish content that you created and which was originally published by you. By using these tools, you agree that you shall be solely responsible for the content you import to the service. TalkBeer cannot be held responsible for abuse of these tools, including but not limited to importing or publishing of content which infringes on another’s intellectual property rights. If you abuse these tools, you may be subject to civil or criminal penalties.
  11. Digital Millennium Copyright Act
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): TalkBeer’s designated Copyright Agent to receive notifications of claimed infringement is Gene Reda, TalkBeer LLC, 87 Wilmore Road, Little Falls, NJ 07424; Email: copyright@talkbeer.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
      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 at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: If a counter-notice is received by the Copyright Agent, TalkBeer may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TalkBeer’s sole discretion.
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  12. Warranty Disclaimer
    1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TALKBEER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TALKBEER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. TALKBEER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TALKBEER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  13. Limitation of Liability
    1. IN NO EVENT SHALL TALKBEER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. YOU SPECIFICALLY ACKNOWLEDGE THAT TALKBEER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    3. The Service is controlled and offered by TalkBeer from facilities in the United States of America. TalkBeer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  14. Indemnity
    1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TalkBeer, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  15. Ability to Accept Terms of Service
    1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 21 or the legal drinking age in your location of residence, as the Service is not intended for individuals under the legal drinking age. If you are under the legal drinking age, then please do not use the Service.
  16. Assignment
    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TalkBeer without restriction.
  17. General
    1. You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over TalkBeer, either specific or general, in jurisdictions other than New Jersey. These Terms of Service shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and TalkBeer that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New Jersey. These Terms of Service, together with the Privacy Notice at http://www.talkbeer.com/community/help/privacy and any other legal notices published by TalkBeer on the Service, shall constitute the entire agreement between you and TalkBeer concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TalkBeer's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TalkBeer reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TALKBEER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: January 25, 2015