Last Updated: August 1, 2018
By registering to create an account or using the services delivered through the Site (the “Services”), you agree to be bound by these Terms, our Privacy Notice, and the third-party terms described below, so please take the time to read and understand them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. WE WILL PROVIDE NOTICE OF SUCH CHANGES TO REGISTERED USERS BY SENDING A NOTIFICATION OF THE CHANGE BY EMAIL AND BY CHANGING THE “LAST UPDATED” DATE ABOVE. ANY PREVIOUS VERSIONS OF OUR TERMS AND PRIVACY NOTICE CAN BE FOUND ON OUR WEBSITE. YOUR CONTINUED USE OF ANY OF THE SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SERVICES AND DELETE YOUR FLYING DOG ACCOUNT.
Please note: There may be times when we will provide new or additional services featuring their own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the new or additional services control to the extent there is a conflict with these Terms.
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:
1. Are at least 21 years old and a resident of the United States;
2. Are solely responsible for your use of the Services, for any Content you post to or via the Services, and for any consequences thereof;
3. Understand that you are using the Services at your own risk, in keeping with the disclaimers and liability limits contained in these Terms;
4. Shall not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices if incorporated in any content displayed or generated for your use by the Services;
5. Shall not, except as permitted in these Terms, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any materials made available to you on the website or through the services;
6. Have the legal right and capacity to enter into these Terms in your jurisdiction.
1. Our Privacy Notice explains how we handle the data that is collected from Site users. You acknowledge having read our Privacy Notice and agree to its terms. By using or accessing the Services, you agree that we can collect and use such content and information in accordance with these Terms and the Privacy Notice as amended from time to time.
2. Some of the information and Services available through the Site are provided by third parties and are covered by additional terms and disclosures of those third parties that may be viewed on their websites.
1. You agree you will not sell, transfer, license or assign, or allow others to use, your account user name, password, list of followers, or any other account registration information or account rights.
2. All account registration information you provide to us must at all times be true, accurate, current and complete. You agree to update your information as and when necessary for all of your account registration information to be true, accurate, current and complete.
3. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You agree to be held responsible by us and others if you fail to maintain the security of your account.
Flying Dog Content
1. Each of the Services contains content owned or licensed by us (“Flying Dog Content”). Flying Dog Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the Flying Dog Content and the Services.
2. The Flying Dog names and logos and related additional marks we own and use in connection with the Services are exclusively our proprietary trademarks and service marks. They may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission.
3. You are hereby granted a limited, non-exclusive, non-sublicensable license to access the Site and use the Services and Flying Dog Content solely as needed to use the Services in strict accordance with these Terms. This license is revocable by Flying Dog at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
a. Distribute, publicly perform, or display any Flying Dog Content;
b. Modify or otherwise make any derivative uses of the Services or Flying Dog Content, or any portion thereof;
c. Use any scraping, data mining, robots, or similar data gathering or extraction methods;
d. Download, other than in reports provided by the Services or through page caching, any portion of the Services, Flying Dog Content or any information contained therein;
e. Access the Site with an unauthorized or third-party account; or
f. Use any of the Services or Flying Dog Content other than for their intended purposes as expressly stated in these Terms or our Privacy Notice, and in other communications from Flying Dog.
Our Rights and Policies
We reserve the right to:
1. Modify or terminate your account and/or your access to the Services for any reason, without notice, at any time, and without liability to you. You do have the ability to terminate your account at any time. Upon account termination (either by us or you), all licenses and other rights granted to you in these Terms will immediately cease;
2. Modify or discontinue, temporarily, or permanently, the Services or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof. Although it is our intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;
3. Force forfeiture of any user name for any reason;
4. Integrate paid services, sponsored content, and/or commercial communications as part of the Services, subject to any required consent from you; and
5. Post, disclose or otherwise use feedback, suggestions, ideas or other information or materials regarding us or the Services that you provide, whether by email or otherwise. Any such feedback shall be treated as non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to such feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
In addition to the other responsibilities outlined in these Terms, you are solely responsible for:
1. Your interaction with other users of the Services, whether online or offline.
2. All activities conducted via the Services by a person acting under your user name and password, except in the case such information is wrongfully misappropriated.
3. Backing up your data. We are not a backup or storage service. We will not be liable to you for any modifications, suspension, or discontinuation of the Services, or the loss of any user content.
1. Throughout your use of the Services, you may encounter links that direct you from the Site or the Services, whether they are communications you receive from the Services or on the Services themselves. These links may direct you to third party websites or features in images or comments within the Services.
2. The Services also includes third-party content that we do not control, maintain or endorse. Functionality of the Services may permit interactions with a third-party website or features, including applications that connect one of the Services or your profile with a third-party web site or feature. Using this functionality may require you to log in to your account on the third-party service and you do so at your own risk.
3. By using the Services, you acknowledge and agree that we are in no way responsible or liable for any third-party services or features, including but not limited to the accuracy of the data that those services provide.
4. Your correspondence and business dealings with third parties found through the Services are in no way our responsibility.
5. If you choose to use applications to connect your profile or one of the Services with a third-party service (called “Applications”), you are doing so at your sole discretion and risk. These Applications may interact with, connect to, or gather and/or pull information from and insert information in your profile. Your use of an Application is at your own risk and option, and you will hold us harmless for activity related to the Application.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
1. Create an account for anyone other than yourself without permission from them;
2. Solicit, collect, or use the login credentials of other users of the Services without permission from them;
3. Engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
4. Impersonate another person, user, or entity;
5. Use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your user content, including but not limited to, copyright laws, patent laws, trademark laws, trade secrets and all applicable intellectual property rights of third parties;
6. Change modify, adapt or alter any of the Services or change, modify or alter another website to falsely imply that it is associated with the Services or us;
7. Interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our Site is rendered or displayed in a user’s browser or device;
8. Use any automated process (e.g. robot, spider, crawler, scraper) to access or use the Site, the Services, or use any process, whether automated or manual, to capture data or anyone’s user content from any Service for any reason;
10. Compromise the security of the Site, the Services, or user information;
11. Reverse engineer any aspect of the Site or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site or Services;
12. Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Site or Services that you are not authorized to access;
13. Attempt to indicate in any manner that you have a relationship with Flying Dog or that we have endorsed you or any product, services, brand, or entity without our express written consent to do so; or
14. Develop any third-party applications that interact with user content, the Site, or the Services without our prior written consent.
Disclaimers; Liability Limits
YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLYING DOG DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THEY ARE SUITABLE OR FIT FOR ANY PARTICULAR PURPOSE OR USE. FLYING DOG HAS NOT MADE ANY INDEPENDENT INVESTIGATION OF THE ACCURACY OF DATA PROVIDED TO IT BY THIRD PARTIES.
NOT WITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF WE ARE UNABLE TO PROVIDE THE SITE OR SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY THIRD PARTY TO PROVIDE FLYING DOG WITH DATA OR COMPUTER SERVICES NECESSARY TO DELIVER THE SITE OR SERVICES, (b) THE FAILURE OF ANY PART OF THE SITE, SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS, OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND FLYING DOG’S REASONABLE CONTROL.
IN NO EVENT SHALL FLYING DOG, ITS SUBSIDIARIES, ITS PARENT CORPORATION, OR ANY SUBSIDIARIES OR AFFILIATES OF ITS PARENT CORPORATION, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LOST REPUTATION, LOST BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US THROUGH YOUR USE OF THE SITE OR SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify us and hold harmless our company and its officers, directors, managers, members, stockholders, partners, suppliers, agents and employees, parent corporations, subsidiary corporations, and any affiliates thereof (collectively, the “Flying Dog Parties”), from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Services. Your indemnification of Flying Dog Parties includes, without limitation, third-party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.
Any claim between you and us arising out of or related to these Terms, our Privacy Notice, and/or the Site or Services shall be resolved exclusively within the federal and state courts residing within or serving Frederick County, State of Maryland, and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure, or infringement of our intellectual property rights.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SITE, THE SERVICES, OUR PRIVACY NOTICE, AND/OR THESE TERMS.
YOU ALSO WAIVE ANY CLASS ACTION CLAIM. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class actions, private attorney general actions, consolidation of your dispute with any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and a court will have no jurisdiction to hear such claims.
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Notices and Procedures for Copyright or Trademark Infringement Claims
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright or trademark infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed; (ii) a description of the copyrighted work or trademark that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our Site; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright or trademark owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner or licensee of a right that is allegedly infringed. Upon receipt of notices complying with the DMCA or other applicable law, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright or trademark infringement should be directed to:
Flying Dog Brewery
4607 Wedgewood Blvd.
Frederick, Maryland 21703
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL OR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
You may not assign your rights or obligations hereunder without our prior written consent. These Terms, our Privacy Notice, and all other documents referenced herein, represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms is found invalid, the balance of these Terms shall remain enforceable; provided, however, that the Services shall not be offered where prohibited by law. The provisions found under the following headings of these Terms shall survive expiration or termination of your Site account: Flying Dog Content, Section 5 of Our Rights and Policies, Disclaimers; Liability Limits, Indemnity, Dispute Resolution, Notices and Procedures for Copyright or Trademark Infringement Claims, and Miscellaneous. The failure to enforce any of these Terms or our Privacy Notice on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof, or any provision of our Privacy Notice. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have any questions about us or any of the Site or the Services, please email us at email@example.com (for legal or compliance-related inquiries).