Stuff Our Lawyers Make Us Say
PINTLEY USER AGREEMENT
Updated December 29, 2010
Pintley, through the Site and various other applications, including mobile applications for iOS, Android, and other mobile platforms, that access information found on the Site, provides a forum for beer drinkers to share experiences and tasting notes with other beer drinkers, and receive personalized beer recommendations based on information provided. Pintley also offers users an opportunity to interact with breweries, local bars and restaurants ("Pintley Partners") through the Pintley Points program, through which Pintley Partners award points ("Pintley Points"), the accumulation of which may make certain users eligible to receive prizes, in accordance with the Points Program Terms and Conditions (the "Services").
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with others. Pintley will make reasonable effort to ensure compliance with the Site Terms by all Pintley users. You hereby acknowledge and agree that the Company is not responsible for the conduct of or content posted by other Pintley users.
Message and data rates may apply to any participant who participates in the Program via a mobile device. Each participant is solely responsible for all data and message charges incurred from his/her mobile service provider. All such charges are billed by and payable to the mobile service provider.
Pintley Points Program.
The Pintley Points program is governed by the Points Program Terms and Conditions, which may be found at http://www.pintley.com/about/points/. You expressly agree to be bound by the Rules.
Third Party Services.
Registered Users must be at least twenty-one (21) years of age. Registration is void where prohibited. By becoming a Registered User, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and the Terms of Service. You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws, regulations and third party obligations to which you are personally subject.
Registration, Registered User Information and Password.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all of your Registered User Information will be marked as deleted in the Company's databases and will be removed from any public area of the Site, and any Pintley Points remaining in your account will be forfeited, in accordance with the Rules. Registered User Information may continue to be available for some period of time because of delays in propagating such deletion through the Company's web servers. In addition, third parties may retain cached copies of your Registered User Information.
You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you are responsible for all uses of your Site registrations and passwords, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, profile or passwords.
Restrictions on Registered User Information.
You agree that you will not provide inaccurate, misleading or false information to the Company in connection with your user registration. If any Registered User Information becomes inaccurate, misleading or false, you will promptly update such Registered User Information. By submitting Registered User Information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Pintley and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
The Company acts as a passive conduit for the exchange of Registered User Information and has no obligation to screen Registered User Information or Registered User communications. However, the Company may review and remove any Registered User Information that, in its sole judgment, violates this Agreement or the Terms of Service, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Site. The Company reserves the right to expel you and prevent your further access to the Site and/or use of the Services for violating this Agreement, the Terms of Service or applicable laws, rules or regulations. The Company may take any action with respect to Registered User Information that it deems necessary or appropriate in its sole discretion if it believes that such Registered User Information could create liability for Pintley, damage its brand or public image, or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
Pintley does not represent or guarantee the truthfulness, accuracy, or reliability of Registered User Information or any other communications posted by Registered Users or endorse any opinions expressed by Registered Users. You acknowledge that any reliance on material posted by other Registered Users will be at your own risk.
Use of the Services and the Site.
The Services and other features of the Site may be used only for lawful purposes. The Company specifically prohibits any other use of the Site, and you agree not to do any of the following: (a) post content on the Site that contains hyperlinks, "hidden" keywords or keywords that are irrelevant or are otherwise misleading; (b) use the Site to sell any products or services; (c) post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not your own; (d) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Site; (e) delete or revise any material posted to the Site by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Company on the Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (h) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; (i) aggregate, copy or duplicate in any manner any of the content or information available from the Site, without express written consent from the Company; or (j) frame or link to any content or information available from the Site.
The Company does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates this Agreement or the Terms of Service, please contact us using the contact form accessible at http://www.pintley.com/contact/.
If notified of Registered User Information or other materials which allegedly do not conform to this Agreement or the Terms of Service, the Company may, in its sole discretion, investigate the allegation and determine whether to take any action, including whether to remove or request the removal of the Registered User Information. The Company has no liability or responsibility to you for performance or nonperformance of such activities.
Limitations of Liability.
Incidental Damages and Aggregate Liability. IN NO EVENT WILL PINTLEY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PINTLEY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PINTLEY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED US$25.00 OR ITS EQUIVALENT.
No Liability for non-Pintley Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PINTLEY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
You agree to indemnify, defend and hold harmless Pintley, its officers, directors, managers, members, employees, agents and third parties (the "Pintley Indemnified Parties"), for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (a) your use of or inability to use the Site or the Services, (b) any Registered User Information provided by you, (c) your violation of any terms of this Agreement or the Terms of Service or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Pintley reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pintley in asserting any available defenses. You further agree to indemnify, defend and hold harmless the Pintley Indemnified Parties to the extent of any loss, cost, liability, expense (including reasonable attorneys' fees) or other obligation imposed on any of them (i) to pay withholding taxes or similar items relating to or arising out of any prizes awarded to you pursuant to this Agreement.
Term & Termination.
This Agreement will remain in full force and effect while you are a Registered User of the Site at any level. Pintley reserves the right, in its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your Registered User Information from the Site and immediate termination of your registration with or ability to access the Site and/or the Services, upon any breach by you of this Agreement or the Terms of Service or if the Company is unable to verify or authenticate any information you submit to the Site.
Any dispute arising out of or in connection with this Agreement or your use of the Services or the Site shall be resolved in state or federal courts situated in Boston, Massachusetts. You hereby accept the exclusive jurisdiction of such courts, and irrevocably agree to be bound by any judgment rendered thereby in connection herewith.
In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Limitations of Liability, Indemnification, Dispute Resolution and Miscellaneous shall survive the termination of the Agreement. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, except with regard to its conflicts or choice of law rules. This Agreement, together with the Terms of Service, contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.