TERMS & CONDITIONS OF USE
By browsing and using this Internet web site at www.vennbrewing.com and its related pages (the “Site”), provided by Venn Brewing Company LLC (“Venn”), you agree to be bound by the User Terms & Conditions of Use as outlined below (the “Terms and Conditions”). You must exit this Site immediately if you do not agree to the Terms and Conditions or are not of a legal age to consume alcoholic beverages.
Changes to the Terms and Conditions. Venn may, in its sole discretion, revise the Terms and Conditions from time to time. It is your responsibility to review the Terms and Conditions each time you access this Site. Your continued use of the Site after any revisions are posted will demonstrate your agreement to the changes.
Modifications to the Site. Venn reserves the right, for any reason, in its sole and absolute discretion, to terminate, change, or suspend any aspect of the Site, including, but not limited to, content, features, or hours of availability. Venn may impose limits on certain of the Site’s features or restrict your access to all or part of the Site without notice or penalty.
Site Age Limitation. Venn and its agents maintain this Site for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages.
Use of Materials. You may print (or have printed by a third party) any downloadable material contained on this Site provided that: (i) the material is strictly for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
Copyrights, Trademarks, and Other Proprietary Rights. You acknowledge and agree that all content and materials available on this Site, including (but not limited to) trademarks, designs, logos, names, text, images, audio, and video materials are Venn’s property (“Venn’s Proprietary Material”) unless otherwise noted. Venn’s Proprietary Material is protected under intellectual property laws and other laws of the United States, the State of Minnesota, and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Venn’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Venn’s Proprietary Material in any way for any public or commercial purpose, without Venn’s prior and express written consent.
No License. Except for the limited license to download and print material from this Site for non-commercial and personal use only, as set forth above, nothing contained on this Site will grant, whether by implication, estoppel, or otherwise, any license or right to use any of Venn’s Proprietary Material. All rights, title, and interest in and to all aspects of Venn’s Proprietary Material remain Venn’s exclusive property.
User Conduct. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you will not upload, post, or transmit to or distribute or otherwise publish through the Site any materials that: (i) are unlawful, threatening, harassing, or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component; (v) contain advertising of any kind; or (vi) contain false or misleading indications of origin or statements of fact. Venn will fully cooperate with any law enforcement authorities or court order requesting or directing Venn to disclose the identity of, help identify, or locate anyone transmitting any such content.
Communication to Site. All communications, including (but not limited to) all remarks, submissions, ideas, concepts, pictures, or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become Venn’s exclusive property. Venn will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Venn a royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display that content alone and as part of other works in any form, media, or technology whether now known or developed in the future, and to sublicense the rights. You agree that Venn is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including (but not limited to) developing, manufacturing, and marketing products and services, and that Venn need not provide any compensation or acknowledgment to you in exchange for any such use.
Monitoring. You agree that Venn has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole and absolute discretion, any material or content anywhere on the Site, including (but not limited to) bulletin boards, e-mail, and other forums. Notwithstanding this right, Venn does not and cannot review all materials posted to the Site by users and Venn assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Venn may investigate any allegation that content transmitted to this Site violates the Terms and Conditions and determine whether it will, in its sole and absolute discretion, remove the communication from this Site. Still, Venn is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any the content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the content.
Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE (INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VENN DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES, OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Limitation of Liability. IN NO EVENT WILL VENN OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS, AND FUNCTIONS WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY, EVEN IF VENN HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILTY OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL VENN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED AND NO/100 DOLLARS ($100.00).
Indemnification. You will indemnify, defend, and hold harmless Venn, its officers, directors, employees, and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs, and expenses (including, but not limited to, actual attorneys’ fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions. Venn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without Venn’s prior written consent.
Termination. This Agreement constitutes a binding agreement between you and Venn until terminated by you or Venn, which Venn may do at any time, without notice, in Venn’s sole and absolute discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of Minnesota, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the State of Minnesota for any action arising from or relating to the Terms and Conditions or your browsing or use of this Site.
Notices and Disclosures. Except if explicitly stated otherwise, any notices will be given by e-mail to, in the case of Venn, firstname.lastname@example.org, or, in the case of a user, to the e-mail address you provide to Venn. Notice will be deemed given 24 hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Outside United States. This Site is intended for use by U.S. residents of the legal drinking age. Venn makes no claims that the content of this Site is appropriate or may be downloaded outside of the U.S. If you access this Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Venn intends to make the products or services available in all countries.
General Provisions. If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then the provision will be enforced to the maximum extent permissible to give effect to the intent of the Terms and Conditions, and the remainder of the Terms and Conditions will continue in full force and effect. The failure by either you or Venn to exercise or enforce any rights or provisions of the Terms and Conditions will not constitute a waiver of the right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, the cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Venn and supersede all prior agreements between the parties, regarding the subject matter contained in the Terms and Conditions. All provisions in the Terms and Conditions about representations and warranties, indemnification, disclaimers, and limitations on liability will survive any termination of the Terms and Conditions.
Contact Us. If you have any questions about the Terms and Conditions, the practices of or your experience on the Site, please contact us at by e-mail at email@example.com.
© Venn Brewing Company LLC All rights reserved.
Your privacy is important to Venn Brewing Company LLC (“Venn”). This statement describes Venn’s information gathering and dissemination practices for our Web site www.vennbrewing.com (the “Site”), including the types of information we collect and how we use that information. We only obtain personally identifiable information (“personal information”) about you when you actively provide us with the information.
In general, you can visit our Site without telling us your name or revealing any personal information about your name, address, telephone number, or e-mail address. But, before you may enter our Site, you must represent that you are of legal age to consume alcoholic beverages in the United States.
In certain parts of the Site, we may ask you to provide your name or other personal information so that we can provide you with information you request, respond to feedback that you submit to the Site, allow you to participate in activities on the Site (for example, participating in one of our contests), or otherwise interact with the Site. We may also ask you for demographic data, including your preferred language or country of residence, to tailor your experience on the Site, display content customized to your preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information, but, without it, we may not be able to fulfill some types of requests. If you do not want your personal information collected, simply do not submit it through the Site.
We make significant efforts to ensure that the personal information you provide to us remains secure. We will not sell, rent, or otherwise disclose the personal information you provide to us through the Site to parties outside of Venn or our advertising, promotional, and marketing agencies and consultants unless specified in this notice. We will disclose personal information if we are required to do so by law or have a good faith belief that the action is necessary to conform with existing laws or to cooperate with law enforcement agencies or in legal proceedings. In addition, if all or part of Venn is sold to, or merges with, another company, or declares bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. Furthermore, we may use third-party contractors to help us operate our business and the Site or administer activities on our behalf, including contest administration and prize fulfillment, and may share your personal information with these contractors for those limited purposes.
We may share anonymous aggregated data with other companies that we do business with for market research purposes. For example, we may report to our advertising agency that a certain percentage of our Site’s users are United States residents between the ages of 30-35.
Data Collected Automatically
When you visit our Site, your Internet browser will automatically send us your Internet Protocol (“IP”) address and information about the type of browser you use, the date and time you accessed our Site, and the IP address of the Web site from which you linked to our Site. We may use this information to give you access to the Site, to tailor your experience on our Site, to display content customized to your preferences, and to otherwise administer the Site. We may also share this information with third parties in aggregate non-identifiable form.
Like many companies, we may store information on your computer in the form of a “cookie.” A cookie may tell us whether you have visited our Site before and what pages on our Site you have viewed. The cookies we use do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer. With most Internet browsers, you can erase cookies from your hard drive, block all cookies, or receive a warning before a cookie is stored on your computer. Please refer to your Internet browser’s instructions or Help Screen to learn more about these options.
No Collection of Personal Data from Children
Our Site is not directed towards children and should not be accessed by persons who do not represent that they are of legal drinking age. Venn will not knowingly collect any information from minors.
We will use your personal information for customer service, to provide you with information that you may request, and to customize your experience on the Site. We may also use your personal information to respond to your requests, tailor offerings to you, contact you about special events, offers, and information we think would be of interest to you, and notify you if you won a prize in a contest. If you would prefer not to receive direct communications from us, you can opt out at the time of information collection. You may also send an e-mail to firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line to opt out at any time.
Review and Correction of Your Information
If for any reason you are concerned the personal information that Venn maintains about you is incorrect, please contact us by e-mail at email@example.com and we will gladly update or remove your personal information accordingly. We may continue to retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of our Site, or to resolve disputes.
Our Site may offer links to other sites. We encourage our users to be aware when they leave our Site and to read the privacy and other policies of any sites they visit. Please be aware that Venn is not responsible for the policies or the content of the sites to which we link. These links are provided solely for your convenience. Venn does not endorse the content of any third-party Web site, has not reviewed all material linked to any third-party site, and is not responsible for the content of any third-party site. Your access and view any third-party site at your own risk.
Venn has taken steps to make all information received from our on-line visitors as secure as possible against unauthorized access and use. All information is protected by our security measures, which are periodically reviewed and updated. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information. Please be aware that it may be possible for others to read messages that you send over the Internet, so do not send any information by e-mail that you would like to keep confidential.
Amendment of Policy