TERMS OF USE

Last updated: October 23, 2015

Thank you for visiting our website (the “Website”), which is owned and operated by ZX Ventures LLC (including its affiliates, “ZX Ventures”).  Your use and access of the Website is governed by and subject to the following terms of use (these “Terms”).  If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available by clicking here and is incorporated by reference to these Terms, please do not use the Website or any services offered by the Website.

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.

MEMBER ACCOUNTS

In order to use certain features of the Website, you may need to create an account (“User Account”).  If the Website requires you to create a User Account, you may never use another User’s Account. All content posted by you via your User Account must comply with the Beer Institute Advertising and Marketing Code http://www.beerinstitute.org/assets/uploads/general-upload/2015-Beer-Ad-Code-Brochure.pdf. You cannot use a false email address, pretend to be any person or entity or otherwise provide false information while creating, accessing or using your User Account. You are responsible for maintaining the confidentiality of your User Account and you agree to accept responsibility for all activities that occur under your User Account. 

ELECTRONIC COMMUNICATIONS

By accessing, using, entering, browsing, submitting information to or otherwise using this site, you consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, in-app push notifications, or by posting notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY OWNERSHIP

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

LIMITED USE; RESTRICTIONS ON USE

You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in these Terms only; any other use or misuse of any Content is strictly prohibited.  ZX Ventures grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sub-license, under the following conditions: you shall not, without ZX Ventures’ express written consent: (a) copy, re-transmit, 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 trade name, trademark, or brand name of ZX Ventures in meta-tags, 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, (d) use any data mining tools for collecting or extracting any data including Content on the website and (e) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to ZX Ventures, the Owner, or any third party referenced therein.  ZX Ventures reserves all other express and implied 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 Website shall be construed as conferring any license under ZX Venture’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, ZX Ventures may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

The limited license granted through these Terms terminates on the date on which you fail to comply with any of these Terms or the date on which ZX Ventures terminates its services on this site. ZX Ventures may suspend or terminate your User Account at any time for any reason, including if we reasonably believe you have violated these Terms. We, at our sole discretion, may use reasonable efforts to notify you of such suspension or termination by means of the email address associated with your User Account or the next time you attempt to access your User Account. Upon termination, you should completely stop using the services offered by ZX Ventures on this site. The termination of this license will not limit other rights or remedies ZX Ventures has under the law or in equity.

SOCIAL MEDIA SITES AND THIRD PARTY LINKS

From time to time, the Website 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”).  ZX Ventures provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites.  ZX Ventures 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 or 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 ZX Ventures or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with ZX Venturesb(if any) or any consideration you may receive from ZX Ventures in connection with your comment (if any).  Under no circumstances are you authorized to make any claim regarding ZX Ventures or any of its products on any Social Media Site regardless of any material connection you may have with ZX Ventures or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING ZX VENTURES OR ANY OF ZX VENTURE’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT ZX VENTURES, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

YOUR SUBMISSIONS

If you post content or submit material, and unless we indicate otherwise, you grant ZX Ventures a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ZX Ventures and sublicensees the right to use the name that you submit in connection with such content, if they choose. Without limitation, ZX Ventures shall exclusively own, and you hereby irrevocably transfer and assign to ZX Ventures, all now known or hereafter existing rights in and to any ideas and/or suggestions that you may post, and ZX Ventures shall be entitled to unrestricted use of the idea and/or suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation to you.

COMMUNITY GUIDELINES

In addition to links to Social Media Sites, the Website 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 ZX Ventures relevant sections of the Social Media Sites, the “Community Forums”). 

If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply.

  • You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not infringe on any person or entity, and that you will indemnify ZX Ventures as to all claims resulting from content you submit.

  • You acknowledge that ZX Ventures 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.  ZX Ventures 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) direct ZX ventures to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant ZX Ventures 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 submission 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. You are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

    • 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;

    • 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 the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange or the NASDAQ;

    • Any Submission that may infringe any patent, trademark, trade secret, copyright, publicity or other intellectual or proprietary right of any party;

    • Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

    • Unsolicited promotions, political campaigning, advertising or solicitations;

    • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

    • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; 

    • Any submission that is illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages; or

    • Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose ZX Ventures or its affiliates or its users to any harm or liability of any type.

APP PERMISSIONS

When you use apps created, owned or licensed by ZX Ventures, you may grant certain permissions to us through your device. Most mobile devices provide you with information about these permissions.

NO ARCHIVE

Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive.  ZX Ventures 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.

UNITED STATES ONLY

By using the Website, you agree and acknowledge that the Website is hosted in the United States.  If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and the ZX Ventures Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of New York with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, and (c) the exclusive jurisdiction of the courts of New York.

DISPUTE RESOLUTION

Any claim or dispute between you and ZX Ventures that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in New York, U.S.A.  Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

DISCLAIMERS

Without limiting the foregoing, the Content, information, materials, products including software, services included or made available through the website and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or any Content, either express or implied, including but not limited to, fitness for a particular purpose, merchantability, title, or non-infringement.  Should applicable law not permit the foregoing exclusion of express or implied warranties, then ZX Ventures hereby grants the minimum express or implied warranty required by such applicable law.  No advice or information, whether oral or written, obtained by you from ZX Ventures, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  ZX Ventures does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable.  ZX Ventures reserves the right to change any part of the Website at anytime without notice. ZX Ventures does not make warranties that services of ZX Ventures, any information, Content, materials, products including software or any services included or otherwise made available to through the website and ZX Ventures’ electronic communications are free of viruses or other harmful components.  

LIMITATIONS OF LIABILITY 

Your use of the Website is at your own risk.  Neither ZX Ventures, 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 the Website or from the use of any ZX Ventures services or arising out of any action taken in response to or as a result of any Content or other information, materials, products (including software) or other services available on the Website or made available to you by ZX Ventures.  The foregoing shall apply even if ZX Ventures was advised of the possibility of such damages.  If you become dissatisfied in any way with the Website or these Terms or the Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services.  You hereby waive any and all claims against ZX Venture and its affiliates, agents, representatives and licensors arising out of your use of the Website.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you and you might have additional rights. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of ZX Ventures and its affiliates shall not exceed one hundred United States dollars (US$100.)  The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk.  The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.  

DIGITAL MILLENNIUM COPYRIGHT ACT

ZX Ventures is committed to respecting and protecting the legal rights of copyright owners.  As such, ZX Ventures 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 ZX Venture’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • 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;

    • 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;

    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

    • 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

    • 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.

    ZX Ventures Copyright Agent to receive DMCA Takedown Notices is: copyrightagent@zx-ventures.com.  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 customer service links posted on the Website.  You acknowledge that in order for ZX Ventures 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 Website are expressly prohibited without prior written approval from ZX Ventures.

    ABILITY TO ACCEPT THESE TERMS 

    You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

    NOTICE

    From time to time, ZX Ventures may revise these Terms. To help you stay current of any changes, ZX Ventures may identify the date on which these Terms were last updated at the top of this page and/or post conspicuous announcements of such changes on the Website.  Your use of the Website following the posting of any revised Terms shall be deemed acceptance of the revised terms.  ZX Ventures strongly recommends checking these Terms periodically.  If, and only if, ZX Ventures makes revisions to these Terms that result in a material lessening of the restrictions on ZX Ventures’ use or disclosure of your Personal Information, ZX Ventures will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website. Continued use of the Website constitutes your agreement to these Terms as in effect.

    MISCELLANEOUS

    ZX Ventures failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.