Terms of Use

 

TERMS AND CONDITIONS

Thank you for visiting our Site (“Site”), which is owned and provided by Noble Ale Works, Inc. (“Noble”). Your use and access of the Site is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the Site or any services offered by the Site. By entering, browsing or otherwise using this Site, you acknowledge and agree to the following terms and conditions. Moreover, you represent and warrant that you are twenty-one years or older. If you do not agree to these terms or are not twenty-one years of age or older, we respectfully ask that you exit and no longer use the Site.

·      Intellectual Property

·      Limited Use; Restrictions on Use

·      Social Media Sites and Third Party Links

·      Submissions

·      United States Site

·      Disclaimers

·      Limitation of Liability

·      Digital Millennium Copyright Act

·      No Framing; Links; Third Party Sites

·      Ability to Accept Terms of Use

·      Assignment

·      Notice

·      Miscellaneous

 

Intellectual Property – Unless otherwise noted, all text, content, and documents on the Site, any names, logos, trademarks, service marks, brand identities, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the Site (“IP”) are owned by Noble and are protected under copyright, trademark, or other intellectual property laws. As between Noble and you, all right, title and interest in and to the IP will at all times remain with Noble. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site, are registered and/or common law trade names, trademarks, or service marks of Noble.

Limited Use; Restrictions on Use—You are permitted to use the IP and/or any services and products on the Site for lawful purposes as provided in the Terms of Use only; any other use or misuse of any IP is strictly prohibited. Noble grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the IP, without right to sublicense, under the following conditions – you shall not, without Noble’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the IP, or modify or re-use the IP, (b) create derivative works from the IP or commercially exploit the IP, in whole or in part, in any way, and (c) use the Site, the IP, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to Noble. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Noble’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Noble may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, at any time without prior notice.

Social Media Sites and Third Party Links—From time to time, the Site may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media Sites (“Social Media Sites”). You should carefully read the policies of any site you visit; Noble provides these features as a convenience for you and does not endorse any Linked Sites or Social Media Sites. Noble is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. Also, in the event that you use any Social Media Site to comment upon Noble or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Noble (if any).

Submissions—By using this site, you grant Noble an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the any comments, images, or other content that you submit (“Submissions”) for any purpose whatsoever, including but not limited to incorporating the submission into IP that may be commercial in nature. Information on this site is public and for every user to access, thus you acknowledge that you do not have any expectation of privacy in relation to your Submissions. Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Noble or its affiliates or its users to any harm or liability of any type.

United States Site—By using the Site, you agree and acknowledge that the Site is hosted in the United States.  If you are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Site, which is governed by United States law, these Terms of Use, and the Noble Privacy Policy, you are transferring your personal information to the United States and you consent to: (a) such transfer, (b) the application of the laws of the United States with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States, and (c) the exclusive jurisdiction of the courts of the United States, namely the State of California.  Any claim or dispute between you and Noble that arises in whole or in part from your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Orange County, California, U.S.A.

Disclaimers—Noble reserves the right to change any part of the Site at any time without notice.

 

Limitation of Liability—Neither Noble, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Site or arising out of any action taken in response to or as a result of any content or other information available on the Site, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Noble fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent.  The foregoing shall apply even if Noble was advised of the possibility of such damages.  If you become dissatisfied in any way with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to stop use of the Site and its services.  You hereby waive any and all claims against Noble and its affiliates, agents, representatives and licensors arising out of your use of the Site—except in the event Noble fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Digital Millennium Copyright Act—Noble is committed to respecting and protecting the legal rights of copyright owners. As such, Noble adheres to the notice and take down policies of the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any of the content on this Site infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) as set forth below:

·      Send all DMCA Takedown Notices to brew@noblealeworks.com.

·      Include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·      Identify the copyrighted work claimed to have been infringed;

·      Identify the material claimed to be infringing and information reasonably sufficient to permit Noble to locate the material;

·      Include information reasonably sufficient to permit Noble to contact you, such as an address, telephone number, and, if available, an electronic mail;

·      Include a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·      Include a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

You acknowledge that in order for Noble to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Site are expressly prohibited without prior written approval from Noble.

Ability to Accept Terms of Use—You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Noble without restriction.

Miscellaneous—Noble’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.