TERMS AND CONDITIONS

Last updated: September 14, 2020

Contents:

• Member Accounts
• Intellectual Property Ownership
• Limited Use; Restrictions on Use
• Social Media Sites and Third Party Links
• Submitted Ideas
• Community Guidelines
• No Archive
• United States Only
• Disclaimers
• Warranties; Limitation of Liability
• Digital Millennium Copyright Act
• No Framing; Links; Third Party Sites
• Ability to Accept Terms and Conditions
• Assignment
• Notice
• Binding Arbitration 
• Miscellaneous

Thank you for visiting our website or mobile application on which these Terms and Conditions reside (collectively, the “Platform”), which is owned and provided by 10 Barrel (including its affiliates, “10 Barrel”).  Your use and access of the Platform 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 Platform or any services offered by the Platform.  BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL, AND YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.  IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS WEBSITE.

Member Accounts — In order to use certain features of the Platform, you may need to create an account (“User Account”).  If the Platform requires you to create a User Account, you may never use another User’s Account without permission.  All content posted by you via your User Account must comply with the Beer Institute Advertising and Marketing Code.

Intellectual Property Ownership — Unless otherwise noted, all text, content and documents on the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the “Content”) are owned by 10 Barrel (or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between 10 Barrel and you, all right, title and interest in and to the Content will at all times remain with 10 Barrel and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Platform, are registered and/or common law trade names, trademarks or service marks of 10 Barrel.

Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited.  10 Barrel grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without 10 Barrel’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of 10 Barrel in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to 10 Barrel, the Owner, or any third party referenced therein.  10 Barrel reserves all other rights.  You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.  Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under 10 Barrel’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, 10 Barrel may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third Party Links — From time to time, the Platform 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 websites (“Social Media Sites”).  10 Barrel provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. 10 Barrel 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.  You should carefully read the policies of any site you visit.  Also, in the event that you use any Social Media Site to comment upon 10 Barrel or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with 10 Barrel (if any) or any consideration you may receive from 10 Barrel in connection with your comment (if any).  Under no circumstances are you authorized to make any claim regarding 10 Barrel or any of its products on any Social Media Site regardless of any material connection you may have with 10 Barrel or your receipt of any consideration.  IF YOU MAKE ANY CLAIM REGARDING 10 Barrel OR ANY OF 10 Barrel’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT 10 Barrel, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Submitted Ideas — While 10 Barrel appreciates your interest, we expressly request that you do not submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”) except via the website available at www.ab-ideas.com.  All Submitted Ideas will be subject to the policies published at www.ab-ideas.com. We ask that you never submit an idea that you consider to be confidential and/or proprietary.  All Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of 10 Barrel.  Further, you understand and acknowledge that 10 Barrel employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that 10 Barrel is only willing to consider the suggestion on these terms.  In any event, you acknowledge and agree that 10 Barrel assumes no obligation of confidentiality or nondisclosure, express or implied by considering your Submitted Ideas.  Without limitation, 10 Barrel shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation.

Posting Policy

• Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the 10 Barrel relevant sections of the Social Media Sites, the “Community Forums”).  If the Platform includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
• 10 Barrel shall monitor the Community Forums on a regular basis for compliance with the Beer Institute Advertising and Marketing Code and for any readily apparent violations of these Terms and Conditions or illegal content.  Notwithstanding the foregoing, you acknowledge that 10 Barrel is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
• You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content.  10 Barrel reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
• By using this site, you: (a) authorize 10 Barrel to collect and store any comments, images, or other content that you upload, post, or submit (“Submissions”) on our servers and systems in accordance with our Privacy Policy, (b) grant 10 Barrel an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the Submissions into Content that may be commercial in nature.  In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions.  Finally, you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):
• Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
• 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 10 Barrel or its affiliates or its users to any harm or liability of any type.

No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive.  10 Barrel shall have no liability to you or any other person for loss, damage, or destruction to your Submission.  You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

United States Only — This Platform is intended only for users in the United States. By using the Platform, you agree and acknowledge that the Platform is hosted in the United States and that data collected through the Platform will be stored and processed in the United States.  Please be advised that through your continued use of this Platform, which is governed by U.S. law, these Terms and Conditions, and the 10 Barrel 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 and/or the State of Missouri with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platform, 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 or the State of Missouri, and (c) the exclusive jurisdiction of the courts of the United States and the State of Missouri.

Disclaimers — 10 Barrel reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.

Warranties, Limitation of Liability — THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. Neither 10 Barrel, 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 (or inability to use) the Platform, or arising out of any action taken in response to or as a result of any Content or other information available on the Platform, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event 10 Barrel fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.  The foregoing shall apply even if 10 Barrel was advised of the possibility of such damages.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.  If you become dissatisfied in any way with the Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy is to stop your use of the Platform and its services.  You hereby waive any and all claims against 10 Barrel and its affiliates, agents, representatives and licensors arising out of your use of the Platform—except in the event 10 Barrel fails to take reasonable security precautions as described in our Privacy Policyor is otherwise negligent.

Digital Millennium Copyright Act — 10 Barrel is committed to respecting and protecting the legal rights of copyright owners. As such, 10 Barrel adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (i) be provided to 10 Barrel’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.

10 Barrel’s Copyright Agent to receive DMCA Takedown Notices is: email: trademarks@10 Barrel.com.  For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Platform.  You acknowledge that in order for 10 Barrel 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 Platform are expressly prohibited without prior written approval from 10 Barrel.

Ability to Accept Terms and Conditions — 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 and Conditions, and to abide by and comply with the Terms and Conditions.

Assignment — The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 10 Barrel without restriction.

Notice — From time to time, we may revise these Terms and Conditions.  To help you stay current of any changes, 10 Barrel may take one or more of the following steps: (1) 10 Barrel notes the date the Terms and Conditions was last updated above, and (2) when 10 Barrel makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions.  Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions.  10 Barrel strongly recommends checking the Terms and Conditions periodically.  If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

Binding Arbitration – Any controversy or claim arising out of your use of the Platform, these Terms and Conditions, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Miscellaneous — 10 Barrel’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.  A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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