Terms of Use
Updated November 19, 2007
1. Agreement to terms: By entering this web site (the “Site”), you acknowledge and
agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to
all pages of the Site, unless explicitly stated otherwise on any
particular page.
2. No entry for under-aged persons: You must be 21 years of age or older to use
this Site.
3. Pabst Brewing Company is the copyright owner of this site and no portion of this
site, including but not limited to the text, images, audio or video, may
be used in any manner, or for any purpose, without Pabst’s express written
permission, except as provided for herein. Without in any way waiving any
of the foregoing rights, you may download one copy of the material on this
site for your personal, non-commercial home use only, provided you do not
delete or change any copyright, trademark or other proprietary notices.
Modification or use of the material on this site for any other purposes violates
Pabst’s legal rights.
4. By entering this site you acknowledge and agree that any communication or
material you transmit to this site or Pabst Brewing Company, in any manner
and for any reason, will not be treated as confidential or proprietary.
Furthermore, you acknowledge and agree that any ideas, concepts,
techniques, procedures, methods, systems, designs, plans, charts, or other
materials you transmit to Pabst may be used by Pabst anywhere, anytime,
and for any reason whatsoever.
5. By entering this site you acknowledge and agree that any name, logo,
trademark, or servicemark contained on this site is owned or licensed by
Pabst and may not be used by you without prior written approval. Pabst
will aggressively enforce its intellectual property rights to the full
extent of the law. Sound, graphics, charts, text, video, information, or
images of places or people are either the property of Pabst or used on
this site with permission. Your use of any of these materials is
prohibited unless specifically provided for on the site. Any unauthorized
use of these materials may subject you to penalties or damages, including
but not limited to those related to violation of trademarks, copyrights,
privacy, and publicity rights.
6. Do not post on this site, or transmit to this site, any pornographic, obscene,
profane, defamatory, libelous, threatening, unlawful or other material
which could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, promote the excessive or
irresponsible consumption of alcohol, or otherwise violate any law or
regulation. Notwithstanding the fact that Pabst or other parties involved
in creating, producing, or delivering this site, may monitor or review
transmissions, posting, discussions, or chats, Pabst and all parties
involved in creating, producing or delivering this site, assume no
responsibility or liability which may arise from the content thereof,
including but not limited to claims for defamation, libel, slander,
obscenity, pornography, profanity, or misrepresentation.
7. By entering this site you acknowledge and agree that your use is at your own
risk and that none of the parties involved in creating, producing, or
delivering this site is liable for any direct, incidental, consequential,
indirect, or punitive damages, or any other losses, costs, or expenses of
any kind (including legal fees, expert fees, or other disbursements) which
may arise, directly or indirectly, through the access to, use of, or
browsing of this site or through your downloading of any materials, data,
text, images, video or audio from this site, including but not limited to
anything caused by any viruses, bugs, human action or inaction or any
computer system, phone line, hardware, software or program malfunctions, or
any other errors, failures or delays in computer transmissions or network
connections.
8. Although the specifications, features, illustrations, equipment and other
information contained in the site are based upon up-to-date information,
and while Pabst makes all
reasonable efforts to ensure that all material on this site is correct,
accuracy cannot be guaranteed and Pabst makes no warranties or
representations as to its accuracy. All content information and materials
contained in this site are provided to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Shopping: This Site may offer shopping services by us or by a firm that operates a
store under contract with us. If our Site offers shopping or other
commercial services, you will be asked to use a customer order form to
request information, products or services. The order form will request
contact information (such as name and email address), financial
information (such as account and/or credit card numbers) and demographic
information (such as zip code and age). The financial information that you
provide will be used to bill you for those products and services you have
requested. By giving our Site your credit card and related personal
information, you are authorizing our store, or the firm operating the
store under contract with us, to give that information to the merchant and
credit card company in order to confirm and fulfill your order. We will
not otherwise use or distribute your financial information without your
prior approval. We will also use the contact information provided on the
order form to fulfill your orders. We may also use contact data to get in
touch with you when necessary
10. User Content Posted on the Site:You are solely responsible for the photos,
profiles, messages, notes, text, information, music, video,
advertisements, listings, and other content that you upload, publish or
display (hereinafter, "post") on or through the Service or the
Site, or transmit to or share with other users (collectively the
"User Content"). You may not post, transmit, or share User
Content on the Site or Service that you did not create or that you do not
have permission to post. You understand and agree that the Company may,
but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any
reason or no reason, including without limitation User Content that in the
sole judgment of the Company violates this Agreement, or which might be
offensive, illegal, or that might violate the rights, harm, or threaten
the safety of users or others. You are solely responsible at your sole
cost and expense for creating backup copies and replacing any User Content
you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to
make such copies thereof as we deem necessary in order to facilitate the
posting and storage of the User Content on the Site. By posting User
Content to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and
distribute such User Content for any purpose on or in connection with the
Site or the promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and
authorize sublicenses of the foregoing. You may remove your User Content
from the Site at any time. If you choose to remove your User Content, the
license granted above will automatically expire, however you acknowledge
that the Company may retain archived copies of your User Content.
11. Online Surveys, Sweepstakes and Contests: From time to time, we may conduct
online surveys, sweepstakes and/or contests (“Promotions”). If you wish to
participate in a Promotion, you may be asked for certain information about
yourself including, without limitation, contact information (such as your
name and email address) or demographic information (such as your zip code
and age) (“Information”). We may use this Information to provide you with
certain information about our company, promotional material or to contact
you when necessary. Any such use shall be in accordance with our Privacy
Policy. Each Promotion has its own terms and conditions and you must read
and agree to any such rules prior to participating in any Promotion.
12. Although
this site may be linked to other sites, Pabst is not, directly or
indirectly, implying any approval, association, sponsorship, endorsement,
or affiliation with the linked site, unless specifically stated therein.
By entering this site you acknowledge and agree that Pabst has not
reviewed all the sites linked to this site and is not responsible for the
content of any off-site pages or any other site linked to this site. Your
linking to any other off-site pages or other sites is at your own risk.
13. Revision
of Terms of Use/Site Content: Pabst Brewing Company reserves the right to
revise these Terms of Use at any time, for any reason and without notice
or obligation, by updating this page and such revisions shall become
effective immediately upon posting. Pabst further reserves the right to
make changes at any time, for any reason and without notice or obligation,
to any of the content contained on this Site. By entering this Site you
acknowledge and agree that you shall be bound by any such revisions. We
suggest periodically visiting this page of the Site to review these Terms
of Use.