Terms

TERMS AND CONDITIONS

These Terms and Conditions were last updated on May 10, 2012.

Introduction

Pabst Brewing Company (“PBC”, “we”, or “our“) owns and operates the websites at http://www.pabst.com, http://www.drnkdrw.com, http://www.pbart.com, and any other PBC websites linked to from the “PBR Sites” scroll-down menu on our home page (collectively and individually the “PBC WebsitesYour use of the PBC Websites signifies you have read our Terms and Conditions and assented to them. If you don’t agree to these Terms and Conditions, your sole option is to immediately discontinue use of the PBC Websites.

We reserve the right, at our complete discretion, to change, modify, add, or remove portions of these Terms and Conditions from time to time. Your continued use of the PBC Websites after any such changes have been made means you agree to such changes.

These Terms and Conditions incorporate by reference our Privacy Policy. Please read the terms of the Privacy Policy carefully as you agree to them when you agree to the Terms and Conditions.

  1. No entry for under-aged persons

Access to PBC Websites is restricted to people of legal drinking age in the US. If you are not of legal drinking age in the US, you must immediately discontinue use of the PBC Websites.

  1. Limited License to the PBC Websites

Except for User Submissions (defined below) all intellectual property rights in and to the content, tools, text, logos, marks, data, audio, video, design, codes, layout, “look and feel”, and other content that is included on the PBC Websites (whether or not capitalized, “content“) is owned by PBC or its licensors. You may download one copy of the content on the PBC Websites for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.

  1. License RestrictionsAll rights not expressly granted in Section 3 above are reserved to PBC. When using the PBC Websites, you will not:

 

  • Use any PBC name, logo, trademark, or service mark without our prior written consent;
  • Use any content form the PBC Websites except as expressly permitted in the above license;
  • Employ any data-mining or data-extraction tools;
  • Copy or adapt the HTML, Java, or any other code used to generate the PBC Websites;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the PBC Websites;
  • Interfere with or attempt to interfere with the proper working of the PBC Websites;
  • Circumvent, disable, or otherwise interfere with security-related features of the PBC Websites;
  • Violate any applicable laws, rules, or regulations in any jurisdiction;
  • Access data not intended for you or log into a server or account that you are not authorized to access;
  • Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or misappropriate any system, data or information; or
  • Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through the PBC Websites.
  1. User Submissions

Subject to these Terms and Conditions and the functionality of the PBC Websites, you may comment on content, contribute to forums and otherwise submit content (“User Submissions“) to the PBC Websites. Any content that you submit to PBC in connection with a contest, sweepstakes, or other promotion (“Promotion“) will be subject to these Terms and Conditions unless the applicable terms, conditions, and/or official rules that govern the Promotion expressly state the contrary. You own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions to the PBC Websites, you grant PBC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with PBCs’ business, including, without limitation, on the PBC Websites, for marketing and advertising purposes, and on PBC merchandise in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on PBC’s behalf. You also grant each user of the PBC Websites a non-exclusive license to access your User Submissions through the PBC Websites.

  1. Requirements for User Submissions

You agree that, whether or not your User Submissions are published on the PBC Websites, PBC offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize PBC to use your User Submissions as contemplated by the functionality of the PBC Websites and in these Terms and Conditions. You understand and agree that PBC may display or distribute User Submissions along with your account name or other information you provide during any applicable registration process. When contributing User Submissions to the PBC Websites, you will not:

  • Post content that promotes or encourages the excessive or irresponsible consumption of alcohol, or otherwise violates any law or regulation;
  • Post content that suggests directly or indirectly that any of the laws applicable to the sale and consumption of alcohol should not be complied with;
  • Make disparaging statements about our competitors’ products;
  • Make false, misleading, obscene, or indecent statements;
  • Post content giving rise to civil liability;
  • Post content that is defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on PBC’s or its agent’s infrastructure;
  • Post irrelevant content or post content on inappropriate categories;
  • Delete or otherwise revise or improperly interfere with any content posted by any other user of the PBC Websites;
  • Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
  • Post chain letters, “junk mail”, “spam,” or pyramid schemes;
  • Participate in gambling;
  • Harm or harass others;
  • Contact anyone who has asked not to be contacted; or
  • Impersonate any person or entity.

 

  1. No Obligation to Publish

PBC may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limiting the foregoing, if it determines that a User Submission is inappropriate or fails to comply with these Terms and Conditions. PBC has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the PBC Websites.

  1. Third Party Content

PBC, at its discretion, offers opportunities for its users to contribute content to the PBC Websites. Users may, for example, comment on content and survey results, participate in contests and sweepstakes, and otherwise participate on the PBC Websites and submit content (“Third Party Content“). You understand and agree that Third Party Content does not necessarily represent the views of PBC. In the case of Promotions, the bestowal of an award or prize by PBC or its partner(s) does not signify PBC’s, its affiliate’s or its partner’s endorsement of that content. Through your use of the PBC Websites, you may be exposed to content, including Third-Party Content that you may find inaccurate, deceptive, offensive, objectionable, or harmful. Third Party Content (and all content) is provided for your convenience only, and you assume all associated risks.

 

  1. Third-Party Websites

You may be able to link from the PBC Websites to third-party websites that take you outside of the PBC Websites (“Linked Sites”). PBC has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave the PBC Websites.

  1. Termination

You may terminate your account at any time by sending an email to the PBC Marketing department (use email address listed in Contact Us section). PBC may terminate your account at any time for any reason with or without notice to you.

  1. Indemnification

You will defend, indemnify, and hold harmless PBC, its officers, directors, employees, agents, and affiliates from: (i) your use of and access of the PBC Websites; (ii) your violation of any of these Terms and Conditions; and (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your User Submissions or use of the PBC Websites. The obligations of this Section will survive these Terms and Conditions and your use of the PBC Websites.

  1. Disclaimers

THE CONTENT AND INFORMATION FOUND ON THE PBC WEBSITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. PBC DOES NOT WARRANT THAT THE PBC WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PBC WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. Limitation of Liabilities.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE PBC WEBSITES, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF PBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PBC’S (OR ITS OFFICERS’ DIRECTORS’ EMPLOYEES’, AGENTS’ OR AFFILIATES’) AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PBC WEBSITES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $200. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PBC WEBSITES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOU WAIVE THE RIGHT TO BRING SUCH ACTION.

  1. Release.

If you have a dispute with one or more users of the PBC Websites, you release PBC (and its officers, directors, agents, employees, and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Claims of Infringement.

PBC respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PBC will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. PBC will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PBC’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

Provide your mailing address, telephone number and, if available, email address.

Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to PBC’s Designated Copyright Agent:

By mail:
Attn: General Counsel
Pabst Brewing Co.
10635 Santa Monica Blvd. Suite 350
Los Angeles, CA 90025

While PBC considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

Pabst Blue Ribbon, ©Pabst Brewing Company, Milwaukee, WI