Member Accounts—In order to use certain features of the Website, you may need to create an account (“Account”). If the Website requires you to create a User Account, you may never use another User’s Account without permission.
Intellectual Property Ownership—Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by Eagle Beverage 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 Eagle Beverage and you, all right, title and interest in and to the Content will at all times remain with Eagle Beverage and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of their respective owners.
• Community Guidelines—In addition to links to Social Media Sites, the Website 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 Eagle Beverage relevant sections of the Social Media Sites, the “Community Forums”). If the Website 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. Eagle Beverage 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) direct Eagle Beverage to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant Eagle Beverage 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 submission 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 Eagle Beverage or its affiliates or its users to any harm or liability of any type.
No Archive—Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive. Eagle Beverage 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.
Disclaimers—Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Eagle Beverage hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Eagle Beverage, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Eagle Beverage does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. Eagle Beverage reserves the right to change any part of the Website at anytime without notice.
Digital Millennium Copyright Act—Eagle Beverage is committed to respecting and protecting the legal rights of copyright owners. As such, Eagle Beverage 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 Eagle Beverage’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.
Eagle Beverage’s Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. 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 Website. You acknowledge that in order for Eagle Beverage 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 Website are expressly prohibited without prior written approval from Eagle Beverage.
Copyright 2013: Eagle Beverage, 1011 Broadwater Ave., Great Falls, MT 59405.