Terms and Conditions

Last updated: May 4th, 2022

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 Flip Side Beverage Company (including its affiliates, “Flip Side Beverage Company” or “FSBC”).  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 Flip Side Beverage Company (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 Flip Side Beverage Company and you, all right, title and interest in and to the Content will at all times remain with Flip Side Beverage Company 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 Flip Side Beverage Company.

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.  Flip Side Beverage Company 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 Flip Side Beverage Company’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 trade name, trademark, or brand name of Flip Side Beverage Company 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 Flip Side Beverage Company, the Owner, or any third party referenced therein.  Flip Side Beverage Company 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 Flip Side Beverage Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, Flip Side Beverage Company 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”).  Flip Side Beverage Company provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Flip Side Beverage Company 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 Flip Side Beverage Company or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Flip Side Beverage Company (if any) or any consideration you may receive from Flip Side Beverage Company in connection with your comment (if any).  Under no circumstances are you authorized to make any claim regarding Flip Side Beverage Company or any of its products on any Social Media Site regardless of any material connection you may have with Flip Side Beverage Company or your receipt of any consideration.  IF YOU MAKE ANY CLAIM REGARDING Flip Side Beverage Company OR ANY OF Flip Side Beverage Company’s  PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Flip Side Beverage Company, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

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 Flip Side Beverage Company 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.

• 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.  Flip Side Beverage Company 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 Flip Side Beverage Company 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 Flip Side Beverage Company 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 Flip Side Beverage Company or its affiliates or its users to any harm or liability of any type.

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 Flip Side Beverage Compnay's 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

Flip Side Beverage Company 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 Flip Side Beverage Company, 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 Flip Side Beverage Company fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.  The foregoing shall apply even if Flip Side Beverage Company 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 Flip Side Beverage Company and its affiliates, agents, representatives and licensors arising out of your use of the Platform—except in the event Flip Side Beverage Company fails to take reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

Digital Millennium Copyright Act — Flip Side Beverage Company is committed to respecting and protecting the legal rights of copyright owners. As such, Flip Side Beverage Company 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 Flip Side Beverage Company’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.

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 Flip Side Beverage Company.

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 Flip Side Beverage Company without restriction.

NOTICE

From time to time, we may revise these Terms and Conditions.  To help you stay current of any changes, Flip Side Beverage Company may take one or more of the following steps: (1) Flip Side Beverage Company notes the date the Terms and Conditions was last updated above, and (2) when Flip Side Beverage Company 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.  Flip Side Beverage Company 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.

MISCELLANEOUS

Flip Side Beverage Company’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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