Last Updated: May 1, 2012
BREWTOAD WEBSITE TERMS OF USE
This website, www.brewtoad.com (the “BT Website"), is owned and operated by Ackmann & Dickenson, Inc. (referred to as "BT" "we," "us" or "our"), a corporation- organized under the laws of Minnesota. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE BT WEBITE. By using this BT Website you agree to these terms of use (the “Terms"). If you do not agree to the Terms, please do not use the BT Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the BT Website following the posting of changes to the Terms will mean you accept those changes.
THE BT WEBSITE
The BT Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the BT Website is the property of BT, its suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. BT hereby grants you a limited, nonexclusive, non-transferable, personal license to use the BT Website for personal or, informational purposes only. Except as expressly authorized by BT in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the BT Website for any purpose or“frame" or "mirror" the BT Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to BT, its suppliers and/or its licensors.
To use certain features of the BT Website or participate in certain activities sponsored by BT, we might ask you to register as a customer, user or participant. If so requested, each BT Website user must: (1) personally provide true, accurate, current and complete information on the BT Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, BT has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, BT may suspend or terminate any and all current or future use of the BT Website by that user. A user may receive passwords and account designations upon completing certain BT Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
CONTENT SUBMISSIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to BT or the BT Website, shall be collectively referred to as the “Content." The submitting user retains ownership of Content. Notwithstanding the user's ownership, the submitting user grants BT the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to BT to use, reproduce, publish, distribute and display such Content solely on or through the BT Website. BT has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. BT shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. BT, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of BT Website users and the public.
THE LAW AND THE BREWING OF BEER
It is not legal to make beer at home in all states and in some countries. Before you begin production, check your state's or country's laws concerning the home brewing of beer.
SAFETY AND THE BREWING OF BEER
Beer making is a relatively safe endeavor. Still, you will be boiling liquids, moving relatively heavy containers, mixing stuff , possibly using C02 and making a beverage that will include alcohol. BE CAREFUL AND BE SANITARY. Also, you should already know the risks of drinking alcoholic beverages. Some people just shouldn't drink alcoholic beverages at all or while doing certain activities (e.g. driving motor vehicles or operating heavy equipment). BE CAREFUL AND FOLLOW THE LAW.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the BT Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the BT Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this BT Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from BT; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. BT shall not be liable in any way for any Content.
CHILDREN
The BT Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the BT Website or otherwise provide such information to BT, including but not limited to personally identifiable information.
TERMINATION
BT may terminate your use of the BT Website for: (1) breach of these Terms; (2) your abuse of BT Website resources or attempt to gain unauthorized entry to the BT Website; or (3) as required by law, regulation, court or governing agency order. BT's termination of any user's access to the BT Website may be effected without notice and, on such termination, BT may immediately bar any further access to the BT Website. BT shall not be liable to any user or other third party for any termination of that user's access to the BT Website. In the event of termination, BT reserves the right to delete or save a user's Content at BT's sole discretion.
LINKS
The BT Website may provide links to other websites. BT exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE BT WEBSITE IS AT HIS OR HER SOLE RISK. THE BT WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE BT WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
"BREWTOAD" is trademark of Ackmann & Dickenson, Inc. All other marks, names, and logos mentioned on the BT Website are the property of BT or their respective owners. Your use of the BT trademarks and other marks, names and logos set forth on the BT Website without prior written consent is strictly prohibited.
COPYRIGHTS
BT respects the intellectual property rights of others, and requires that the people who use the BT Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this BT Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit BT to locate the material, including the full URL; (4) your name, 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 owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is
:John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com
PRIVACY
BT agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.brewtoad.com/privacy/ or by sending an e-mail request to: privacy@brewtoad.com.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and BT and govern each user's use of BT Website, superseding any prior agreements. The Terms and the relationship between each user and BT shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. This BT Website is controlled and operated by BT from its offices within the State of Minnesota, United States of America. BT makes no representation that materials in the BT Website are appropriate or available for use in other locations. Those who choose to access this BT Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between BT and any user.
Last Updated: May 1, 2012
This policy explains our information practices, defines your privacy options and describes how your information is collected and used.
This policy covers the website at http://www.brewtoad.com (the “BT Website”). The BT Website is owned and operated by Ackmann & Dickenson, a corporation organized under the laws of Minnesota (“BT”). Should you have privacy questions or concerns, send an email to privacy@brewtoad.com or send a letter to us at the following address: Brewtoad, c/o Ackmann & Dickenson, Inc., 701 North Third Street, Suite 108, Minneapolis, Minnesota 55401.
By using visiting the BT Website, you agree to the collection and use of information in the manner described in this policy. BT shall have right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you at this BT Website, by email, by means of a notice the next time you log in to the BT Website, or by means of a notice on the BT Website homepage. Such revisions and additions shall be effective immediately upon notice. You are responsible for reviewing the BT Website periodically for any modification to this policy. Any access or use of the BT Website by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.
The Information we Collect
This policy applies to all information collected on the BT Website and any information you provide to BT. You will most likely provide us personal information to us when you register as a user of BT Website or participate in certain BT promotions or events. The personal information we may collect might include: your name, passwords, user names, addresses, email addresses, phone numbers, debit card information and credit card information.
Blogs and Product Ratings
The BT Website may include blogs, ratings or other message areas that allow users to post or send information to the BT Website. When you post information to the BT Website, other site visitors can also view that information. We urge you to exercise caution when providing personally identifiable information to BT or the BT Website.
Our Collection of Your Data
In addition to the personal information you supply, we may collect certain information to evaluate how visitors, guests, and customers use the BT Website. We collect data to make the BT Website work better for you in the following ways: to improve the design of the BT Website, to provide personalization on the BT Website and to evaluate the performance of our marketing programs. The technologies we may use to gather this non-personal information may include “IP” addresses, “cookies”, browser detection, and “weblogs”.
How we Use Information
Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with the BT Website.
You can register on the BT Website to receive promotions and updates, or to be contacted for market research purposes. You can control your privacy preferences regarding such marketing communications (see the section below entitled “Your Privacy Preferences”).
From time to time, you may be invited to participate in optional customer surveys or promotions, and BT may request that you provide some or all of the above listed personal information in those surveys or promotions. We use information collected from surveys and promotions to learn about our customers in order to improve our services and develop new items of interest to our customers.
IP addresses define the Internet location of computers and help us better understand the geographic distribution of our visitors and customers and manage the performance of the BT Website. Cookies are tiny files placed onto the hard drive of your computer when you visit the BT Website, so we can immediately recognize you when you return to the BT Website and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser preferences, certain features of the BT Website may not be available to you.
We may detect the type of web browser you are using to optimize the performance of the BT Website and to understand the mix of browsers used by our visitors, guests, and customers. To learn about how people use our site, we examine weblogs, which show the paths people take through the BT Website and how long they spend in certain areas.
BT may contract with unaffiliated third parties to provide services such as customer communications, website analytics and other services. When we do this, we may provide your personally identifiable information to third parties only to provide those services, and they are not authorized to use your personally identifiable information for any other purpose.
Our Commitment to Data Security
Access to your data is limited to authorized BT staff or approved vendors. Although total security does not exist on the Internet, BT shall make commercially reasonable efforts to safeguard the information that you submit to BT or that BT collects.
Use of the BT Website by Children
The BT Website is not intended for use by children under the age of 13.
Your Privacy Preferences
When you sign up as a registered user of the BT Website you may begin receiving marketing communications such as e-mail newsletters, product and service updates and promotions. Our customers generally find this type of information useful. If you do not want to receive these updates, you must “opt-out” by unchecking the “Add me to the mailing list” box on the registration page, or should you choose to opt-out after registering, you can use any of the following methods: select the “unsubscribe” link at the bottom of the email and follow the opt-out instructions; or send an email to unsubscribe@brewtoad.com.
How to Access or Correct Your Information
You can access, maintain and/or correct your personally identifiable information that we collect. To protect your privacy and security, we require a user ID and password to verify your identity before granting access or making corrections to such personally identifiable information. Send us an email at privacy@brewtoad.com if you wish to access, maintain and/or correct your personally identifiable information.
Disclosure of Information
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that the company that brings you BT may be purchased or may sell all or substantially all of its assets. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by an email sent to the last known email address in our files and/or by notice posted on the BT Website.
Privacy and Other Websites
The BT Website may contain links to other websites. BT is not responsible for the privacy practices of these other sites. We encourage you to be aware when you leave our site, and to read the privacy statements of each web site that collects personally identifiable information. Some linked sites may be co-branded with our trademarks and those of our business partners. They may have the look and feel of www.brewtoad.com, but the URL in your browser window will indicate that you are visiting a different site. This policy only applies to information collected by BT.