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.
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, worldwide 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 USER GENERATED 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.
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.
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.
Visitors to the BT site and all BT users may access our Services for free or may use our Brewtoad Pro Service.
BT’s Brewtoad Pro Service is a subscription fee-based service. The Brewtoad Pro Service offers additional features and functionality, while your Pro Service subscription is active, for a monthly or annual cost. If you have a Brewtoad Pro Subscription, your payment to BT will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your Edit Pro Subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
BT may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Brewtoad Pro Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Brewtoad Pro Service after the price change takes effect, you accept the new price.
Term and termination
These Terms will continue to apply to you until terminated by either you or BT. BT may terminate the Terms or suspend your access to the Brewtoad Pro Service at any time, including in the event of your actual or suspected unauthorized use of the Brewtoad Pro Service or non-compliance with the Terms. If you or BT terminate the Terms, or if BT suspends your access to the Brewtoad Pro Service, you agree that BT shall have no liability or responsibility to you and BT will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To terminate your BT account, please select ‘Delete Profile’ under your Edit Profile page.
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.
"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.
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:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415