Terms of Service
WEBSITE TERMS AND CONDITIONS
A. The following are the terms and conditions for use of The BeerLady Speaks website, with domain name, www.thebeerladyspeaks.com (“the website”).
B. The website is owned, hosted and maintained by The BeerLady Speaks.
C. By accessing and using the website, you (“the user”), agree to be legally bound by the terms and conditions as are set out in this notice. The user is therefore urged to familiarize themselves with these terms and conditions prior to the usage of the website. If the user does not wish to be bound by these terms and conditions, then he / she may not access, display, use, download and/or otherwise copy or distribute any of the content of this website.
1. USER PRIVACY
1.1 To ensure acquaintance with and awareness of the privacy measures and polices of The BeerLady Speaks, the user acknowledges that he / she has read and understood the underlying privacy clauses incorporated in these terms and conditions:
a) the user may visit the website without providing any personal information.
b) for The BeerLady Speaks to continually assess the popularity and use of the website and improve it for the users, the website server will collect information to measure the number of visits, average time spent at the website, pages viewed, etc.
2. USER CONDUCT
2.1 The user agrees that the use of this website will be for lawful purposes only and no modification of the material or content will be permitted.
2.2 The user agrees that he / she will not use this website for any unlawful purpose, including but not limited to:
a) commercial purposes;
b) commission of a criminal offence
c) transmit unlawful material; including but not limited to:
• publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity);
•uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
d) gain unauthorized access to other computer systems, with intention to harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
e) violate any applicable laws or regulations.
3. UPDATING OF THESE TERMS AND CONDITIONS
3.1 The BeerLady Speaks reserves the right to, from time to time and at its own discretion, change, modify, add to or remove from portions or the whole of the terms and conditions. Changes to the terms and conditions will become effective upon such changes being posted to the website. It is thus the user’s obligation to at all times, check the terms and conditions on the website for changes or updates.
3.1a The user’s continued use of the website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by the terms and conditions, including such changes or updates.
4. LIMITATION OF LIABILITY
4.1 The user agrees to access and use this site entirely at your own risk and all content on the website is provided “as is” without any warranty or condition of any kind.
4.2 The BeerLady Speaks makes no representations or warranties of any kind, whether express or implied:
a) as to the suitability, reliability, availability, timeliness and accuracy of content on the website;
b) that the functions provided by the website will be uninterrupted or error-free, or that the website or the server is free from viruses or other harmful components.
4.3 While The BeerLady Speaks will take every effort is made to ensure that the information provided on the website is current and accurate, the user should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website and the user acknowledges that they will not hold The BeerLady Speaks, its parent companies, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives, under no circumstances and will keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from the user’s use of the website, and such loss or damage may include but not limited to, liable for any defamatory, offensive or illegal conduct of other users or third parties.
4.4 The user acknowledges that they will not hold The BeerLady Speaks, subsidiaries, affiliates, directors, employees, officials, suppliers, agents and/or representatives liable for any direct, indirect, punitive, incidental, consequential damages, or any damages whatsoever arising from the use of this website regardless of how the damages arise, which damages may include but not limited to:
a) damages for loss of data or profits, arising out of or in any way connected with the use or performance of the website, including but not limited to claim, demand, or damage, injury caused by any failure of performance or errors, omission, inaccuracy, interpretation, deletion, defect, delay in accessing material or content of the website, viruses, connection failures, theft, alteration of use, attorneys’ fees, or any other action asserted by any third party due to or arising out of your use of or conduct on the website;
b) incompleteness of material or content on the website;
c) errors, omissions or inaccuracy of material or content on the website;
d) the delay or inability to use the website or related services; e) the provision of or failure to provide services or for any information, software, products, services or related graphics obtained through the website; or
f) any other damages otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise even if The BeerLady Speaks has been advised of the possibility of damages.
5. PROPRIETARY RIGHTS TO CONTENT
5.1 The BeerLady Speaks retains copyright in the website and all current and future content that is displayed on the website which is not owned by third parties.
5.2 The user acknowledges that content, including but not limited to text, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to him / her by the website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5.3 The user may make a copy of this content for his / her personal, non-commercial use only, provided that he / she keeps all copyright and other proprietary notices intact.
5.4 The user may not without written prior consent of The BeerLady Speaks, modify, copy, reproduce, duplicate, republish, resell, upload, post, transmit, or distribute in any way content available through the website and its associated web sites.
5.5 The user understands that certain images have been purchased for use on this site.
6. EXTERNAL LINKS
6.1 This website provides links to other websites.
6.2 The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party unless otherwise specified, and reliance on all information and content provided by the external links is done so at the user’s own risk.
6.3 Third party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as The BeerLady Speaks’ endorsing or creating any relationship between The BeerLady Speaks and that third party. Reliance on any such promotional or advertising material is entirely at the user’s own risk.
7. LINKING Any third party wishing to link the website to their website must obtain permission from The BeerLady Speaks by directing such request to the webmaster, using the contact details in clause 11 below and permission may be granted on terms and conditions agreed to by The BeerLady Speaks.
8. AMENDMENTS The BeerLady Speaks reserves the right to make changes and/or terminate access to any part or the entire website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
9. APPLICABLE LAW
9.1 This website is owned, operated and hosted within the borders of the State of Kansas, as such, these terms and conditions shall be governed by the laws of the Kansas.
10. ENTIRE AGREEMENT These terms and conditions constitute the entire agreement with respect to use of the website and supersede any and all previous agreements, either verbal or written, with respect to the use of this website.
11. CONTACT DETAILS In the event that the user needs to contact The BeerLady Speaks for purposes related to these terms and conditions, the following contact details may be used: Email: firstname.lastname@example.org
12. COPYRIGHT NOTICE
All contents of the website are: Copyright © The BeerLady Speaks Any rights not expressly granted herein are reserved.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter or respond to a survey.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit our site anonymously.
Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
This policy was last modified on 8/2/2011