Each time you use or access Beerby, you agree to be bound by these TOS. You may not access the Beerby, register an account or create new goals unless you agree to the terms contained herein. If you do not agree to, or cannot comply with, these TOS, then you are not authorized to use or access Beerby.
You acknowledge and agree that you are of legal drinking age. If you are an under-aged person, you are not authorized to access Beerby, including accessing advertising or marketing information about Beerby on our website, www.beerby.com (the "Site") or any social networking service, including without limitation, Foursquare, Facebook or Twitter.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these TOS. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the TOS, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible by 2see Technology or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(ii) you know is false, misleading, untruthful or inaccurate;
(iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgur, pornographic, offensive, profane, or otherwise inappropriate as determined by 2see Technology in its sole discretion;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
(v) involves commercial activities and/or sales without 2see Technology's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of 2see Technology or any third party; or
(vii) impersonates any person or entity, including any employee or representative of 2see Technology.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by 2see Technology in its sole discretion) an unreasonable or disproportionately large load on 2see Technology's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures 2see Technology may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site or Beerby.
2see Technology does not guarantee that any Content or User Submissions (as defined below) will be made available on Beerby or through the Site. Beerby has no obligation to monitor Beerby, Content or User Submissions. However, Beerby reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from Beerby at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if 2see Technology is concerned that you may have violated the TOS), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") certain written content, videos, audio clips, photographs, graphics, or other information to Beerby (collectively, the "User Submissions"). By Submitting User Submissions on Beerby or otherwise through the Site, you:
(i) acknowledge that you are publishing that User Submission, and that you may be identified publicly by your username in association with any such User Submission;
(ii) hereby do and shall grant Beerby a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with Beerby and 2see Technology's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of Beerby (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of Beerby and/or the Service a non-exclusive license to access your User Submissions through Beerby, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Beerby does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
(iii) represent and warrant, and can demonstrate to 2see Technology's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these TOS and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these TOS; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to 2see Technology and all users of the Service;
(iv) agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
(v) represent and warrant that the use or other exploitation of such User Submissions by 2see Technology and use or other exploitation by users of Beerby as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
(vi) understand that 2see Technology shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through Beerby is the sole responsibility of the person from which such content originated and that 2see Technology will not be liable for any errors or omissions in any content; and that 2see Technology cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
2see Technology does not endorse and has no control over any User Submission. 2see Technology cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Beerby is a new service and you will be among its first users. By agreeing to these TOS and gaining access to Beerby, you agree to participate in the testing of Beerby and certain Service features ("Beta Test"). Your participation as a Beta Tester is subject to the following terms:
As a Beta Tester, you are invited to use Beerby for the sole purpose of evaluating the Content and identifying errors. Nothing in these TOS or through Beerby shall be construed as granting you any rights or privileges of any kind with respect to the Beta Test or Content that you find here. The Beta Test is provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
By using the Service during the Beta Period, you agree that: (i) testing our Service is at your own risk and that you know the Service may include known or unknown bugs, (ii) 2see Technology has no obligation to make any Content available for use without charge for any period of time, nor to make them available at all, (iii) Content or certain features may be available by subscription or other fees once the testing process is complete or at any time in the future; (iv) these TOS applies to your use of the Content during the testing phase.
If you accept our TOS as a Beta Tester, it is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with Beerby will be that of an independent tester and nothing in these TOS shall be construed to create a partnership, joint venture, or employer-employee relationship (even if you are an employee of 2see Technology for other purposes). You agree that you will use your own equipment and participate in the Beta Test at your own premises.
Unless otherwise indicated, all Content on Beerby is owned or controlled by 2see Technology, which retains ownership of all right, title, and interest in and to the Content, including without limitation the copyrights, trademarks, service marks and all intellectual property rights. You only receive a license to access our Content, and retain no ownership rights.
The Service and the Content are protected by copyright and trademark laws of both the United States and other countries, international conventions and other applicable laws. In no event shall you use the Content in any commercial or public manner, including without limitation any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Service or the Content or any portion thereof without the prior written permission of 2see Technology.
This policy does not extend to any Content provided by our partners. Content on Beerby provided by our partners is used by us with permission, and our partners retain ownership to all right, title and interest to their Content. Content on Beerby that is not the direct property of Beerby can only be displayed or reproduced with the express consent of the copyright holder.
You further agree not to interrupt, or attempt to interrupt, the operation of the Service in any way, nor shall you take any actions that disable, damage or impair the Service's control or security systems, including without limitation by hacking, de-compiling, disassembling or reverse-engineering the Service or the Content.
You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of Beerby or the Site, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to Beerby as that term is defined under 18 U.S.C. Sec. 1030.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of 2see Technology, its employees, licensors, independent contractors, providers, vendors, and affiliates (collectively, "Affiliates") without the prior written permission of 2see Technology or its relevant Affiliate.
Any third-party code that may be incorporated into Beerby is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Beerby may include links to other internet sites. Beerby does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, 2see Technology makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk. You are responsible for reviewing applicable terms and policies for any third party site that you may visit.
Compatibility and Upgrades
To use Beerby you must have a mobile device that is compatible with Beerby. 2see Technology does not warrant that Beerby will be compatible with your mobile device. Moreover, you acknowledge that 2see Technology may from time to time issue upgraded versions of the Beerby software, and may automatically and electronically upgrade the version of the Beerby software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these TOS will apply to all such upgrades.
Product names, logos, brands, and other trademarks featured or referred to in connection with the Service and displayed on Beerby are the property of their respective trademark holders. These trademark holders are not affiliated with 2see Technology, our products or Beerby. They do not sponsor or endorse our materials.
Copyright Policy and Complaints
2see Technology respects the intellectual property of others. If you believe that any material on Beerby or any use of Beerby infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing can be found on Beerby;
(iv) Your address, telephone number, and email address;
(v) A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."
Send the notification to us as follows:
2see Technology, Inc.
1111 Gilchrest Drive
Pittsburgh, PA 15235
Email: beerby@2see Technology.com
We cannot guarantee and we do not promise any specific results from the use of Beerby.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 2see Technology CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, THE SITE, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. 2see Technology MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE SERVICE. 2see Technology MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY 2see Technology. ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICE, ALL INFORMATION AND CONTENT ACCESSIBLE THROUGH BEERBY, YOUR ACCOUNT, USER CONTENT AND ALL OTHER SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATIBILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND EFFORT IS WITH YOU.
We will make reasonable commercial efforts to keep Service downtime to a minimum, but we can't promise that the Service or any data stored or transmitted in connection with the Service will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the Service at any time without notice for repairs, maintenance, improvements or for any other reason.
Beerby may be incomplete, or otherwise contain bugs, defects and errors. We make no promise that the Service will operate either fully or in part on any specific computer or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while using the Service.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL 2see Technology BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(i) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, BEERBY OR THE SITE, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH BEERBY OR THE SITE, OR;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO BEERBY OR THE SITE, OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH BEERBY OR THE SITE, EVEN IF ANY THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH BEERBY OR THE SITE.
IN NO EVENT SHALL 2see Technology'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED ONE HUNDRED DOLLARS ($100.00). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN 2see Technology'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
You hereby understand, and acknowledge, that there is no guarantee that 2see Technology shall continue offering access to its Service on a going-forward basis.
You hereby agree to indemnify, defend, and hold us, our agents, service providers, representatives and other authorized users, and each of the foregoing entities' respective agents, service providers, representatives and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TOS or claims arising from your use of Beerby, the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.
You represent and warrant that your participation in our Service is in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of these TOS, and that all information provided to 2see Technology or its designee by you in connection with this TOS, including without limitation all registration information, is true, correct and accurate. You must promptly provide Beerby with an update if any of your information changes.
Your use of Beerby and the Site constitutes your agreement to defend, indemnify and hold harmless 2see Technology and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney fees, incurred directly or indirectly by 2see Technology, arising out of or relating to your use or misuse of the Service, your access to Beerby or your account, including a third party's use or misuse of your account and/or password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. 2see Technology shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
We cannot ensure that your personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury.
The terms of these TOS shall commence upon the date that you accept these TOS or you otherwise begin participating in the Service and shall continue until the date that you terminate your Beerby account.
If you or anyone using any of your accounts materially breaches these TOS, or makes any unauthorized use of Beerby, or infringes the intellectual property rights of 2see Technology or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of any activity within your account which is, in our reasonable discretion, inappropriate and/or in violation of these TOS, then 2see Technology may terminate this agreement with you, close all of your accounts, and cancel all rights granted to you under these TOS. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by 2see Technology shall be without prejudice to or waiver of any and all other rights or remedies which 2see Technology may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
Upon reasonable prior notice, 2see Technology may terminate these TOS, end or prevent access to Beerby, in whole or in part, for any reason in its sole discretion.
You may terminate your Beerby account at any time, whereupon all your accounts will be closed, and all rights granted to you in these TOS will be canceled.
Beerby is operated and controlled from our offices in Pittsburgh, Pennsylvania. It can be accessed from various countries of the world. The laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles of Pennsylvania or any other state, will apply to all matters arising out of or in connection with your use of Beerby and/or the Site.
THESE TOS, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN PENNSYLVANIA BETWEEN PENNSYLVANIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF PENNSYLANIA LAW OR THE LAWS OF ANY OTHER STATE. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. By accessing or using the Beerby and/or Service, you submit and consent to the exclusive jurisdiction of state and federal courts in Pittsburgh, Pennsylvania with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of Beerby or THE SITE.
We make no representation or warranty that any material on Beerby, the Site or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Beerby or the Service from a jurisdiction outside the Commonwealth of Pennsylvania you are responsible for compliance with all applicable local laws.
You acknowledge and agree that any breach or threatened breach by you of this TOS may result in immediate and irreparable damage to 2see Technology or its licensors or designees for which there is no adequate remedy at law, and in such event 2see Technology, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.
These TOS may be amended or modified from time to time. We will post changes to this TOS on the Site and other places we deem appropriate. If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to close your account.
2see Technology has the right to modify, suspend or discontinue the Service or any portion of the Service at any time, including the availability of any area of the Service. Beerby may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.
The Terms of Service posted on this Beerby was updated on or about August 1st, 2010.
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Beerby, please contact us via email at beerby@2see Technology.com