Fantasy Brewmasters, LLC
End User Agreement
September 2009
Fantasy Brewmasters, LLC (“we,” “us,” “our,” etc.) owns and operates the fantasybrewmasters.com web site (our "Site"), on which we provide a service that enables users (“you,” “your,” etc.) to join a community of those with the shared interest of contributing to the advancement of our company (together with the Site, our "Service"). Your use of our Service is subject to the terms and conditions set forth in this End User Agreement (this “Agreement” or these “Terms”). These Terms govern your use of the Service whether or not you are a registered user.
These Terms constitute a legally binding Agreement by and between you and us. By accessing the Service, you accept these Terms and agree to the provisions, terms, conditions, and notices contained or referenced herein whether or not you become a registered user. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
1. USER CONDUCT
You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet etiquette. For example and without limitation, while using the Service you agree not to: (a) violate any applicable law or regulation; (b) infringe the rights of any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service to transmit, distribute, post, or submit any unauthorized information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements; (g) stalk or harass any other user of our Service; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; or (m) assist or facilitate any third party in doing any of the foregoing.
2. YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
You are solely responsible for your interactions with other users of our Service, including the content of the materials you post in the public areas of the Service and in your messages to other users of the Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service.
You understand that we do not in any way screen users, nor do we inquire into the backgrounds of our users or attempt to verify their statements. We make no representations or warranties as to the conduct of users. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, violent, hostile, hateful, harassing, actionable, or unlawful.
You should not provide your financial information (for example, your credit card or bank account information) to other users of our Site.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU INTERACT WITH THROUGH THE SERVICE.
3. PRIVACY
Use of the Service is also governed by our Privacy Policy at http://www.fantasybrewmasters.com/privacy
4. MINORS
Our Service is intended for persons 18 years or older and we will not knowingly permit anyone under the age of 18 to use our Service. By using our Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. To the extent our service in any way recommends or endorses the consumption of alcoholic beverages, such recommendations and endorsements are intended solely for those users of legal drinking age in their local jurisdiction.
5. REGISTRATION
You may use the Service at no cost. As an unregistered user, you may participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you may be required to become a registered user of the Service.
6. USER CONTENT
By submitting any content to our Site, you represent and warrant to us that you have the right to so submit such content and that our use of your content as described herein will not infringe or violate the rights of any third party.
Unless otherwise specified in any other document pertaining to specific content, e.g., contest rules, you will continue to own all content you submit to our Site.
By submitting any content to our Site, you hereby grant and thereupon shall grant, and you represent and warrant that you have the right to so grant, to us and our licensees, affiliates, and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license, for any purpose in furtherance of operating the Service: (i) to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, in all media now known or hereinafter created, anywhere in the world; (ii) to prepare derivative works of, and incorporate into other works, such content; and (iii) to grant and to authorize sub-licenses of the foregoing. You hereby waive all rights of attribution to the content.
You are solely responsible for any content that you submit, post, or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory, or slanderous; (b) contains legally obscene content; (c) may denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred, or physical harm of any kind against any person or group; (d) exploits images or likenesses of individuals under 18 years of age in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (e) harasses or advocates harassment of another person; (f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or Spam; (g) constitutes an unauthorized copy of another person's copyrighted work; (h) characterizes violence as acceptable, glamorous, or desirable; (i) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity); (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) provides or promotes inaccurate, misleading, or false information; (l) engages in commercial activities or promotions without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (m) is intended to manipulate the price at which any stock trades.. If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We have no obligation to post any content that you submit. In addition, we may, in our sole discretion, edit, remove, or delete any content that you post or submit, for any reason or for no reason.
The foregoing is a partial list of the kind of content that is prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication from the Service and terminating the violator's access to the Site.
7. NON-COMMERCIAL USE
Our Site is for your personal use only and may not be used in connection with any commercial endeavors.
8. THIRD PARTY CONTENT
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including without limitation any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored, or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation profiles of other users of our Service.
9. PROPRIETARY RIGHTS
You agree that all content and materials available on our Site are protected by our or third parties’ rights of publicity, copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of "bots," “scrapers,” or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You may, however, establish ordinary links to the homepage and other sections of our Site without our written permission.
10. USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
11. TERMINATION
You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. To voluntarily terminate your access to the Service at any time via our Site, simply follow the directions provided on the Site. If for some reason you cannot log-in, you may terminate your account by sending us written or This e-mail address is being protected from spambots. You need JavaScript enabled to view it notice of termination. Written notice should be sent to Fantasy Brewmasters, LLC at 5825 Dogwood Way, Naples FL, 34116.
12. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
13. CUSTOMER SERVICE
We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not to be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
14. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.
15. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms; and (b) your use our Service will not violate any of these Terms.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER CONTENT OR COMMUNICATIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
E. PLEASE DRINK RESPONSIBLY. YOU ARE RESPONSIBLE, AND WE SHALL BEAR NO LIABILITY, FOR YOUR ACTS AND OMISSIONS COMMITTED WHILE ENJOYING ANY BEVERAGES YOU MAY OBTAIN OR BREW IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICE.
17. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE DOLLAR ($1.00).
D. 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 LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
18. INDEMNITY
You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
19. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, send us your notice of infringement at 5825 Dogwood Way, Naples FL, 34116.
20. USER DISPUTES
You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
21. DISPUTE RESOLUTION
All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved in state or federal court located in Tampa, Florida. Each party hereby irrevocably submits to the personal jurisdiction of such courts.
22. MISCELLANEOUS
These Terms shall be interpreted in accordance with the laws of the State of Florida without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.