• “Beer.com” is the website that this statement pertains
to
• “Universal Beverages Operating Ltd.”, and “UBO”
are used interchangeably throughout this statement and refer to the managing
body of the website Beer.com
• “User” is a visitor to the website Beer.com
ABOUT THIS STATEMENT
This statement encapsulates legal information, privacy information, and the
user’s agreement of terms and conditions.
Universal Beverages Operating Ltd. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This statement covers www.beer.com. Because this Web site wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
AGREEMENT TO TERMS
By entering the Beer.com web site "Web Site" you acknowledge and agree
to the following terms and conditions. If you do not agree to these terms, DO
NOT USE THIS SITE. The legal information is applicable to all pages of the Beer.com
Web Site, unless explicitly stated otherwise on any particular page.
Your use of this Web Site may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. This Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of this web site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of this Web Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this Web Site due to any restriction, including any age restriction.
LANGUAGE
English shall be the language of this Web Site, and all transactions occurring
in connection with this Web Site, and the parties waive any right to use and
rely upon any other language, or translations. Il est de la volonté express
des parties que le présent Site et tous les affairs qui s'y rapportent
soient rédigés en langue anglaise, exception faite des documents
pour lesquels la loi exige l'usage exclusif du français.
APPLICABLE LAW
By entering this Web Site you acknowledge and agree that this Web Site, including
contests and any goods and services offered on the Web Site, and these contractual
terms, shall be construed and evaluated according to the laws of the Province
of Ontario, Canada. You hereby agree and confirm that your use of this Web Site
and all of the communications, transmissions and transactions associated with
this Web Site shall have occurred in the Province of Ontario, Canada and that
you submit to the exclusive jurisdiction of the courts of the Province of Ontario,
as the proper and most convenient forum concerning this Web Site. If you use
this Web Site from another jurisdiction, you are responsible for compliance
with any and all applicable local laws.
LEGAL DRINKING AGE NOTICE
Beer.com maintains this Internet Site ("Site") for personal use for
those of a legal age in your country, province, or state of residence (21 years
or older in the United States of America) for the consumption of alcoholic beverages
and in countries where the consumption of alcoholic beverages are permitted.
By browsing and using this Site you are agreeing to the terms and conditions set out below. By Clicking the "I ACCEPT" link you are providing your signature and you agree to the following terms and conditions. If you do not agree to these terms and conditions, click on the "DO NOT ACCEPT" link or exit this Site immediately.
Please exit this Site if you are not of a legal age in your place of residence for consuming alcoholic beverages or are in a country where use of this Site is not permitted.
Beer.com may revise these terms and conditions from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.
COPYRIGHTS, NAME, LOGOS, TRADEMARKS
UBO is the owner of copyright in this site and other intellectual property related
to this Web Site. No portion of this Web Site, including but not limited to
the content, information, text, images, audio or video, may be used in any manner,
or for any purpose, without UBO’s prior written permission, except if
indicated herein. Without in any way waiving any of the foregoing rights, you
may download one copy of the material on this Web Site for your personal, non-commercial
home use only, provided you do not delete, obstruct or change any copyright,
trademark or other proprietary notices. Modification, repostment or use of the
material on this Web Site in any other manner whatsoever and for any other purpose
violates UBO’s legal rights.
By entering this Web Site you acknowledge and agree that any name, logo, trademark or service mark contained on this Web Site is owned or licensed by UBO and may not be used by you without prior written approval. UBO will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of Beer.com may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information
contained in this Web Site are based upon reasonably current information, and
while UBO makes reasonable efforts to ensure that the material on this Web Site
is correct, accuracy cannot be guaranteed and UBO makes no warranties or representations
as to its accuracy. All contents, information and materials contained in this
Web Site are provided to you "AS IS", without any 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.
UBO relies upon others to provide the information that is included in this Web Site without any direct or independent authentication, verification, assessment, and validation by UBO whatsoever. All users of this Web Site shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on this Web Site. The information included in this Web Site does not constitute, and shall not be considered, the advice, recommendation, or endorsement of Beer.com.
UNLESS OTHERWISE AGREED TO IN WRITING BY UBO, THE INFORMATION AND CONTENTS OF THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END-USE ONLY, AND ALL EXPRESS OR IMLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, UBO MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THIS WEB SITE.
NO CONFIDENTIALITY, USE OF INFORMATION
The Internet is not a secure medium, and neither the privacy of your communications,
nor visits to this Web Site, can be guaranteed. The nature of Internet communications
means that your communications may be susceptible to data corruption, unauthorized
access, interception and delays.
This Web Site may include incomplete information, inaccuracies or typographical
errors. UBO, and any other persons involved in the management of this Web Site,
may make changes in the information and content included in this Web Site at
any time without notice.
UBO shall not be responsible for any detrimental reliance you may place on this
Web Site or its contents. Use of this Web Site is on an "as is" basis
and is strictly entirely at your own risk. By entering this Web Site you acknowledge
and agree that any communication or material you transmit to this Web Site,
in any manner and for any reason, will not be treated as confidential or proprietary.
Furthermore, you acknowledge and agree that any communications, information,
ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts,
or other materials you transmit to this Web Site may be used by Beer.com anywhere,
anytime and for any reason whatsoever.
Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.
UNLAWFUL BEHAVIOUR
Do not use this Web Site, including any of the features and tools on
this site, (including but not limited to email, forums, chatrooms, or other),
to communicate to others, to post on this Web Site, or otherwise transmit to
this Web Site, any materials, information, or communication that either causes
any harm to any person or that is illegal or otherwise unlawful, including without
limitation any hateful harassing, pornographic, obscene, profane, defamatory,
libelous, threatening materials which constitutes or may encourage conduct that
would be considered a criminal offense, give rise to civil liability, promote
the excessive, irresponsible or underage consumption of alcohol, or otherwise
violate any law or regulation. Beer.com and all parties involved in creating,
producing or delivering this Web Site, assume no responsibility or liability
which may arise from the content thereof, including but not limited to claims
for any of the above-noted matters.
If this Web Site contains bulletin boards, chat rooms, or other message or communications facilities, e-mail, (including free email, also referred to as Beer MailTM) (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
• commit any criminal or quasi-criminal offence, including without limitation,
any pornography, hate, assault, or economic crime whatsoever;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
• publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information;
• infringe, contravene, breach or otherwise interfere with or harm the
rights of any other person, including without limitation, any contractual, personality,
confidentiality, privacy, moral, statutory, common law or intellectual property;
• delete any author attributions, trade-marks, trade names, logos, legal
notices or proprietary designations or labels in any file that is uploaded;
• falsify the origin or source of software, information or other material
contained in a file that is uploaded;
• advertise or offer to sell any goods or services, or conduct or forward
any surveys, contests, or chain letters; and
• download any file posted by another user of a Forum that you know, or
reasonably should know, cannot be legally distributed in such manner.
• upload, post or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, doramail.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop restricted
or password-only access pages, or hidden pages or images (those not linked to
from another accessible page);
• upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "Spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas of the Service that are designated for such purpose;
• upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real time
exchanges;
• interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services;
• intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
• "stalk" or otherwise harass another;
• collect or store personal data about other users; or
• promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and creating
"Crush" sites.
Without limiting the foregoing, you acknowledge that you will comply with the Terms of Use of any services on the site, such as free email, forums, or other.
You acknowledge and agree that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences, and other communications
by other users are not monitored, screened, sanctioned or endorsed by Beer.com,
and such communications shall not be considered reviewed, screened, or approved
by Beer.com. Beer.com reserves the right for any reason to remove at any time
without notice any contents of the Forums received from users, including without
limitation bulletin board postings. Beer.com reserves the right to deny, in
its sole and absolute discretion, any user access to this Web Site or any portion,
including Forums, thereof without notice.
ENTRY AT YOUR OWN RISK
By entering this Web Site you acknowledge and agree that your use is at your
own risk and that this Web Site, its owners, officers, directors, employees,
or any of the parties involved in creating, producing, or delivering this Web
Site are not liable for any damages whatsoever, including any direct, incidental,
consequential, indirect or special 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, regardless of whether or not such liability
or damages arise in contract, tort, negligence, equity, statutorily, or otherwise,
in any connection with the access to, the use of or browsing of this Web Site
or in connection with any content, information, data, promotions, activities,
associated with this Web Site, or in connection with your downloading of any
materials, text, data, images, video or audio from this Web Site, including
but not limited to anything caused by any transmission defects, viruses, bugs,
human action or inaction of any computer system, phone line, hardware, software
or program malfunctions, or any other errors, failures or delays in computer
transmissions or network connections.
ACCESS CONTROL
We shall have the right, at all times, to prevent, intercept, prohibit or otherwise
restrict, your access to and/or use of this Web Site, including Forums and any
other tools and applications, if UBO determines, in its sole and absolute discretion,
that you have not (or UBO has a reasonable basis to believe or expect that you
may not) fully complied with all of the provisions set out in this contract.
UBO retains the right, at its sole discretion, to determine whether or not User's
conduct is consistent with the letter and spirit of the TOS and may terminate
Services if UBO determines in its sole discretion that User's conduct is inconsistent
with the TOS. UBO assumes no responsibility for the deletion or failure to store,
deliver, or timely deliver data, including email messages.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITE PROVIDERS RESERVE THE RIGHT
TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
UBO shall not be responsible for any incorrect or inaccurate information, whether
caused by website users or by any of the equipment or programming associated
with or utilized in this Web Site or by any technical or human error which may
occur in the processing of submissions in this Web Site. Site Providers assume
no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or authorized access to, or alteration of, entries.
UBO shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in this Web Site. If, for any reason, this Web Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Web Site, Site Providers reserve the right to cancel, terminate, modify or suspend the services or Web Site indefinitely.
You agree to indemnify and hold harmless the Site Providers, their respective
parents, subsidiaries, affiliate, directors, sponsors, officers, consultants,
agents, and employees against and from all claims, damages, liabilities, costs
and expenses asserted by third parties alleging that the Web Site includes obscenity,
libel, slander, or infringes upon the third party's intellectual property or
privacy rights, as a direct result of your actions in the use of the web Site.
You further agree to not knowingly, damage or cause interruption of the services
on the Web Site; prevent others from using the Web Site; or obtain or modify
another user's non-public account information without their consent.
PERSONAL AND DEMOGRAPHIC INFORMATION
UBO is the owner of the information collected on www.beer.com UBO collects information
from our users at several different points on our Web site.
UBO does not require an-end user to provide a name and address or any other personally identifiable information (other than your verification that you are of legal drinking age) to access some parts of the Beer.com Web Site.
UBO, its affiliates, partners, third parties, and sponsors offer various activities, products and services (e.g. contests, BeerMail™ E-mail, E-Postcards, Beer Bash, Spin The Bottle, Online dating, Other ) in which you are under no obligation to participate but if you do we may need to ask for certain personally identifiable or demographic information about you or someone you know.
We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user’s visit to our Web site, and to direct pertinent marketing promotions to them. Your profile is shared together with your personally identifiable information with some third parties.
In these and in certain other cases described below we collect and use this information in order to provide ongoing service to you or others (for example, you may choose to sign up for free email, or you may wish to send a friend an E-Postcard in which case you will need to provide that person's name and address, etc); to protect against error and fraud and ensure security of your information (for example by asking you for credit card information and other information to verify your identity or the identity of persons in photos you submit); to communicate with you (for example if you have won one of our contests); to create personalized content and advertising (for example, if you choose to voluntarily provide information about your interests, likes and dislikes); to facilitate your participation in on-line forums and interactivities; to understand your needs and to develop and improve the products and services we and our affiliates, partners and sponsors offer on our Web site; to provide the information to companies who work with UBO or on behalf of UBO to provide a product or service to you (e.g. the providers of auction sites, online dating sites, free email sites, contests, other) ; to up-date the personal information you have already provided, and to comply with laws (for example to respond to a court order or subpoena).
The types of personally identifiable information that we may collect include but is not limited to: first name, last name, email address, alternative email address, password, secret question, answer to secret question, mobile number, mobile carrier, address, city, postal code, province, country, gender, date of birth, beer consumption level, favourite beer brand, recent beer brand purchases, whether you are a student or not, which school you attend, credit card information and information about your interests, hobbies, preferences and your opinions, as well as other information that may or may not be application specific.
It will be clearly marked on any form where information is asked for, which fields are mandatory and which are optional in order to access the service or tool. This information may be gathered specifically by UBO, or by partners which UBO has sanctioned to collect this data for a specific purpose, such as a third party application provider (e.g. third party free email provider, third party online dating provider, third party SMS provider).
If you choose to give personal information about yourself or others, you can rely on the following policy.
Your personally identifiable information will not be used by UBO for purposes unrelated to those described in this Policy, or elsewhere on this Web Site, without your consent.
By collecting any of the above information we may develop profile information which we will use to create personalized content, services and advertising on the Beer.com Web Site. In addition, UBO may use your profile in the aggregate, on a no name basis, to analyze site usage, generate aggregate reports and market research.
COOKIES
A cookie is a piece of data stored on the user’s computer tied to information
about the user. Usage of a cookie is in no way linked to any personally identifiable
information while on our site. We use session ID cookies persistent cookies.
For the session ID cookie, once users close the browser, the cookie simply terminates.
A persistent cookie is a small text file stored on the user’s hard drive
for an extended period of time. Persistent cookies can be removed by following
Internet browser help file directions.
We use cookies on some of the Beer.com pages in order to serve you better when
you return to the Beer.com Web Site (for example to recognize you when you return
to the Web Site, to save your password and to offer you products and services
we believe will be of interest to you). You can set your browser to notify you
when you receive a "cookie" giving you the opportunity to accept or
to refuse it. If users reject the cookie, they may still use our site. The only
drawback to this is that the user will be limited in some areas of our site.
Persistent cookies enable us to track and target the interests of our users
to enhance the experience on our site.
Some of our business partners use cookies on our site (for example, advertisers).
However, we have no access to or control over these cookies, once we have given
permission for them to set cookies for advertising.
We keep track of the domains from which you visit us. We analyze these data
for trends and statistics. In return it enables us to provide you with useful
information to provide you with ongoing services.
LOG FILES
Like most standard Web site servers we use log files. This includes internet
protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit
pages, platform type, date/time stamp, and number of clicks to analyze trends,
administer the site, track user’s movement in the aggregate, and gather
broad demographic information for aggregate use. IP addresses, etc. are not
linked to personally identifiable information.
COMMUNICATION
Beer.com and/or third parties will, from time to time, send email messages to
Users containing advertisements, special promotions, and other marketing materials
("Email Marketing Programs") based on the agreed terms between UBO
and its selected partner(s). Beer.com also offers Users permission-based email
services. Users must decide to "opt-in" to our email services during
the registration process or through a link on the beer.com site before they
receive any email services, newsletters, special promotions or other marketing
materials ("Opt-In Email Programs"). UBO has the right to partner
with any email marketers to provide these Email Marketing Programs or Opt-In
Email Programs.
In our communication with our site users, we may do the following:
• Send you a welcoming email upon registration to any area of the site
in order to verify password and username
• If you have opted in for communications, we may send communications
to an email or mailing address that is not indicated by you as your primary
address. For example, we may send a communication to an email address that you
have indicated is an alternative address, even if this was not the original
intention in providing this email address.
• Send established members information on products, services, special
deals, and a newsletter. Out of respect for the privacy of our users we present
the option to not receive these types of communications.
• Send you service announcements notifying you of any new products or
updates to the service. We may use your alternate e-mail address and home address
to ensure that you receive important information about your account or information
you have requested.
• On rare occasions it is necessary to send out a strictly service related
announcement. For instance, if our service is temporarily suspended for maintenance
we might send users an email. Users may not opt-out of these communications,
though they can deactivate their account. However, these communications are
not promotional in nature.
• Send you emails that highlight certain features or information and provide
you with information about additional products and services we think might be
of interest to you.
• We will provide you with the opportunity to "opt out" of email
communications, beginning with the first one.
• Give you the choice of "opting in" to receive third party
mailings.
• Make it easy for you to unsubscribe and opt-out by following directions
at the bottom of any e-mail that you receive from us, unless it is vital to
the operation of your account.
• Transfer personally identifiable information to a buyer of all or part
of our business. In such an event, users will be notified either via email or
via a prominent notice posted on the Web site for 30 days prior to the transfer.
• Share personally identifiable information with a third party organization
or service.
We will not:
• Send you unsolicited commercial e-mail (spam).
• Contact you via e-mail or any other method to ask you for your password.
Do not share your password with anyone; you should only enter it directly into
our Web site.
• Contact you via e-mail or any other method to ask you for your credit
card information. You should only enter this information directly into our Web
site.
• Materially change how we use your personally identifiable information
without placing a prominent notice on our Web site first.
SECURITY
UBO has taken reasonable measures (physical, organizational and technological)
to safeguard against unauthorized access to your personally identifiable information
(for example to ensure that e-mail communications are only accessible by the
designated recipients) and to safely store your personally identifiable information.
When users submit sensitive information via the Web site, their information
is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such
as credit card number and/or social security number), that information is encrypted
and is protected with the best encryption software in the industry - SSL. While
on a secure page, such as our order form, the lock icon on the bottom of Web
browsers such as Netscape Navigator and Microsoft Internet Explorer becomes
locked, as opposed to un-locked, or open, when users are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also
do everything in our power to protect user-information off-line. All of our
users’ information, not just the sensitive information mentioned above,
is restricted in our offices. Only employees who need the information to perform
a specific job (for example, someone who is awarding a contest prize) are granted
access to personally identifiable information. Furthermore, ALL employees are
kept up-to-date on our security and privacy practices and sign a security and
privacy practices agreement in order to work here. Each time this agreement
is updated our employees are notified and/or reminded about the importance we
place on privacy, and what they can do to ensure our users’ information
is protected. Finally, the servers that store personally identifiable information
are in a secure environment, in a locked facility.
Despite the precautions we take, the Internet is not a secure medium and the
privacy of your communications and personal information can never be guaranteed.
UBO has no control over the practices of third parties (e.g. websites to which
the Beer.Com Site is linked, third-party sponsors; third parties who misrepresent
themselves as you or someone else).
The user is entirely responsible for maintaining the confidentiality of User's
password and account, and for any and all activities which occur under User's
account or password. User agrees to immediately notify beer.com of any unauthorized
use of User's account, password, or any other breach of security known to User.
User may change his/her password or profile by following instructions on the
system.
If users have any questions about the security at our Web site, users can send
an email to customerservice@beer.com.
SHARING INFORMATION
Though we make every effort to preserve user privacy, we may need to
disclose personal information when required by law wherein we have a good-faith
belief that such action is necessary to comply with a current judicial proceeding,
a court order or legal process served on our Web site.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
These are the instances in which we will share users’ personal information
with third parties. Universal Beverages Operating Ltd. partners with some Third
Parties in order to deliver a better, more enjoyable and feature rich solution
to our website users. For example, we share data with our free email solution
provider, our online dating partner, and our SMS messaging partner in order
to provide better services for you. In each circumstance under which we share
user data an agreement is in place with the Third Party to ensure that the only
purpose for which this data is used is to provide the service to our site users
under which the Third Party is contractually obligated. For example, we share
a user’s mobile phone number and mobile service provider data with our
SMS partner in order for that partner to quickly transmit SMS messages to users
who have expressly signed up and opted in for this service on our website. The
SMS partner is expressly restricted from using this data for any other purpose.
Another third party partner which Universal Beverages Operating Ltd. may share
data with is Labatt Breweries Inc. Unlike other third parties, Universal Beverages
Operating Ltd. may share any data with this partner, who may dispose of the
information in any manner that they see fit, with the exception that they must
follow guidelines for opt-ins and opt-outs.
We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
THIRD PARTY ADVERTISING
UBO may serve advertisements on this site or work with a third party
to serve the advertisements. Advertisements placed on the site may include but
are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.
Third party ad servers used include: www.commissionjunction.com, www.linkshare.com,
and www.doubleclick.com. Information about users’ visit to this site,
such as number of times they have viewed an ad (but not user name, address,
or other personal information), is used to serve ads to users on this site.
User agrees that beer.com has the right to run such advertisements and promotions.
Your correspondence or business dealing with, or participation in promotions
of, advertisers found on or through the Services, including payment and delivery
of related goods or services, and any other representations associated with
such dealings, are solely between you and such advertiser. You agree that UBO
or shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Services.
This privacy statement covers the use of cookies by www.beer.com only and does
not cover the use of cookies by any advertisers.
HYPERLINKS
Although this Web Site may be linked to other sites, UBO and Beer.com are not,
directly or indirectly, implying any approval, association, sponsorship, endorsement
or affiliation with the linked site, unless specifically stated therein. By
entering this Web Site you acknowledge and agree that UBO has not reviewed all
sites linked to this Web Site and is not responsible for the content of any
off-site pages or any other site linked to this Web Site. Your linking to any
other off-site pages or other sites is at your own discretion and risk.
SURVEYS & CONTESTS
Our site requests information from users via surveys or contests. Participation
in these surveys or contests is completely voluntary and the user therefore
has a choice whether or not to disclose this information. The requested information
typically includes contact information (such as name and shipping address),
and demographic information (such as postal code), as well as questions about
hobbies, interests and other information. Contact information will be used shared
with the contest sponsors to notify the winners and award prizes. Survey information
will be used for purposes of monitoring or improving the use and satisfaction
of this site. Though we may use an intermediary to conduct these surveys or
contests, they may not use users’ personally identifiable information
for any secondary purposes.
TELL-A-FRIEND
If a user elects to use our referral service for informing a friend about our
site, we ask them for the friend’s name and email address. We will automatically
send the friend a one-time email inviting them to visit the site. We store this
information only for the sole purpose of sending this one-time email and tracking
the success of our referral program. The friend may contact us at customerservice@beer.com
to request the removal of this information from our database.
BUSINESS TRANSITIONS
In the event UBO goes through a business transition, such as a merger, being
acquired by another company, or selling a portion of its assets, users’
personal information will, in most instances, be part of the assets transferred.
UBO reserves the right to modify or discontinue any services, tools, content, or any portion thereof, at any time, with or without notice to User. UBO shall not be liable to User or any third party should beer.com exercise its right to modify or discontinue the Services.
REVISION OF POLICY
UBO reserves the right to revise these contractual terms and conditions concerning
your future use of this Web Site at any time and for any reason, without notice
or obligation, to you.
If we decide to change this policy, and determine that it is appropriate, we will post those changes to this statement so our users will be aware of what information we collect, how we use it, and under what circumstances we disclose it.
If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our Web site for 30 days.
INQUIRIES, OPTIN OUT, MAINTAINING PERSONAL INFORMATION
Our users are given the opportunity to ‘opt-in’ to having their
information used for purposes not directly related to our site at the point
where we ask for information. For example, our registration forms have an ‘opt-in/opt-out’
mechanism so users who wish to use our member services, but don’t want
marketing material, can keep their email address off of our marketing opt-in
lists.
Users who no longer wish to receive promotional communications may opt-out of
receiving these communications by clicking on an ‘unsubscribe’ link
in an email we send you or emailing us at customerservice@beer.com.
If a user’s personally identifiable information changes (such as zip code,
phone, email or postal address), or if a user no longer desires our service,
we provide a way to correct, update or delete/deactivate users’ personally
identifiable information. This can usually be done at the by emailing our Customer
Support at customerservice@beer.com.
If at any time you have any questions or concerns about this policy, you wish to update or correct any personally identifiable information you have provided, or you no longer wish us to collect, use or disclose any personally identifiable information for the purposes described above, please do not hesitate to contact us by clicking on the "Contact Us" link anywhere on the Web Site, or by emailing us at customerservice@beer.com. If you do not receive acknowledgment of your inquiry or your inquiry is not satisfactorily addressed, you should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process, which can be accessed on the web at: http://www.truste.org/users/users_watchdog.php. TRUSTe will serve as a liaison with the Web site to resolve users concerns.
If we do not hear otherwise from you, we will assume the information you provide is accurate and up-to-date and that you consent to the collection, use and disclosure of the personally identifiable information you provide us about yourself or others for the purposes described above.