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The
AMERICAN BEER DRINKING CLUB Terms and
Conditions for Membership and Website Usage.
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1. General.
Participation in the American Beer Drinking Club™ constitutes
acceptance of ALL of the following terms.
The American Beer Drinking Club is only for beer drinkers of legal
drinking age. If you are not of legal drinking age, please
discontinue applying for membership and leave the website. Our
services and products are for our members only. As part of our
service the American Beer Drinking Club agrees to provide you with
information and other services subject to the terms of this Terms of
Service agreement. Upon notice published through the service,
American Beer Drinking Club may amend or modify these Terms of
Service at any time. You agree to use the service and membership in
the club in accordance with the Terms of Service.
2. Rights
This site is owned and operated by MSevenTwelve, Inc, and contains material
which is derived in whole or in part by the American Beer Drinking Club and
other sources and is protected by United States copyright, trademark and
other intellectual property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any material from
this site including code and software. You may download material from this
site for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices.
3. License
By accepting membership in the American Beer Drinking Club; you agree and
understand fully that you in NO way represent MSevenTwelve, Inc; its
affiliates or any other part of the corporate body that IS the American Beer
Drinking Club in whole or in part. Your membership in the American Beer
Drinking Club is a limited license of non-representation and may be revoked
at any time for any reason. Any misrepresentation of yourself as an officer
or employee of the American Beer Drinking Club is strictly prohibited and
will result in your immediate expulsion and forfeiture of any paid fees of
the American Beer Drinking Club.
By posting messages, uploading files, inputting data, or engaging in any
other form of communication through this service, you are granting American
Beer Drinking Club a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to:
-- Use, copy, sublicense, adapt, transmit, publicly perform or display any
such communication for marketing purposes.
-- Sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
-- The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, servicemark or patent laws under any relevant
jurisdiction.
-- The company reserves the right to delete or reject any submitted material
for any reason. The company reserves the right to report the identity of any
sender to any and all local and international policing and investigative
authorities for suspicion of illegal activities. Representatives of the
company reserve the right to testify in any civil national or international
proceedings pertaining to the submission of such illicit material. In other
words - Keep our site clean.
4. Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall the
American Beer Drinking Club, its subsidiary and parent companies or
affiliates be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of, or the inability to use,
American Beer Drinking Club materials. You specifically acknowledge and
agree that American Beer Drinking Club is not liable for any defamatory,
offensive or illegal conduct of any user. If you are dissatisfied with any
American Beer Drinking Club material, or with any of American Beer Drinking
Club's terms and conditions, your sole and exclusive remedy is to
discontinue membership in the American Beer Drinking Club. In addition,
American Beer Drinking Club may allow you to purchase different types of
products and services online that are provided by third parties. American
Beer Drinking Club is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. You release
American Beer Drinking Club and its affiliates from any damages that you
incur, and agree not to assert any claims against them, arising from your
use of these products or services. We reserve the right to suspend or
rescind your membership at any time for any reason without recourse.
5. Bulletin boards, Forums,
Discussion Groups and Chat Rooms.
This service may include wishes, bulletin boards, forums, discussion groups
and/ or chat rooms ("bulletin boards") which allow feedback to American Beer
Drinking Club and/or real-time interaction between users. American Beer
Drinking Club does not control the messages, information or files delivered
to bulletin boards. It is a condition of your use of the bulletin boards and
this Web site that you do not:
-- Restrict or inhibit any other user from using and enjoying the bulletin
boards.
-- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law.
-- Post or transmit any information, software or other material which
violates or infringes upon the rights of others, including material which is
an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or right
holder.
-- Post or transmit any information, software or other material which
contains a virus or other harmful component.
-- Post, transmit or in any way exploit any information, software or other
material for commercial purposes, or which contains advertising.
You understand that American Beer Drinking Club has no obligation to monitor
the bulletin boards. However, American Beer Drinking Club reserves the right
at all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in American Beer
Drinking Club's sole discretion are objectionable or in violation of these
terms and conditions. 6.
Disclaimer
American Beer Drinking Club has provided links and pointers to Internet
sites maintained by third parties. Neither American Beer Drinking Club, its
parent or subsidiary companies nor their affiliates operate or control in
any respect any information, products or services on these third-party
sites. The materials in this site and the third-party sites are provided "as
is" and without warranties of any kind either express or implied. To the
fullest extent permissible pursuant to applicable law, American Beer
Drinking Club disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose. American Beer Drinking Club does not warrant that the
functions contained in the materials will be uninterrupted or error-free,
that defects will be corrected, or that this site, including bulletin
boards, or the server that makes it available, are free of viruses or other
harmful components. American Beer Drinking Club does not warrant or make any
representations regarding the use or the results of the use of the materials
in this site or in third-party sites in terms of their correctness,
accuracy, timeliness, reliability or otherwise. You (and not American Beer
Drinking Club) assume the entire cost of all necessary maintenance, repair
or correction. 7.
Termination.
This agreement is effective until terminated by American Beer Drinking Club,
at any time without notice. In the event of termination, you are no longer
authorized to access the bulletin boards and the restrictions imposed on you
with respect to material downloaded from the bulletin boards, the
disclaimers and limitations of liabilities set forth in this agreement,
shall survive. 8.
Indemnification
Member agrees to defend, indemnify and hold harmless MSevenTwelve, Inc, its
subsidiary and parent companies or affiliates and their respective
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of American Beer
Drinking Club membership services, Member ID Card, and/or Member related
certificates or groups and/or clubs created by Member or Member's Account.
9. Other
This Terms of Service Agreement constitutes the entire agreement between
American Beer Drinking Club and you with respect to the subject matter
contained herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral. American Beer Drinking Club
may amend or modify this Terms of Service Agreement or impose new conditions
at any time. Such amendments and modifications shall be effective
immediately upon notice thereof which may be given by means including, but
not limited to, posting on American Beer Drinking Club. Any use of the
service by you after such notice shall be deemed to constitute acceptance by
you of such amendments, modifications or new conditions. This agreement
shall be governed by and construed in accordance with the laws of the State
of Georgia without giving effect to any principles or conflicts of law. If
any provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not
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