THE BEER EXCHANGE TERMS OF SERVICE
In Plain English
Like most of you, I can't stand reading through the boring legal jargon in these documents. For that
reason here is an informal overview of what you're agreeing to.
The Beer Exchange is a place for you to find and rate beer trading partners; propose, manage, and
store your trades; build your reputation and earn experience. We are not responsible for anything
that happens to your beer as a result of what agreements you make on our site, and we are
assuming any and all of your activities abide by all state and federal regulations.
1. Acceptance of the Terms of Service
Welcome to The Beer Exchange! (a.k.a. "we" or "us" or the "Company"). We are excited to
have you as user and member of the community. The following terms and conditions (collectively,
these "Terms of Service") apply to your use of www.TheBeerExchange.io, including any
content, functionality and services offered on or via www.TheBeerExchange.io (the "Website").
Please read the Terms of Service carefully before you start using The Beer Exchange, because by
using the Website you accept and agree to be bound and abide by these Terms of
Should you disagree with some of the provisions herein, you can either leave the Website
(although we'll be sad to see you go!), or contact us at firstname.lastname@example.org.
We would be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
The Beer Exchange is a work in progress, meaning that a lot will change in the near future. We
reserve the right to update the Website and these Terms of Service from time to time, at our
discretion. We will make sure to announce any major change in a prominent way. Your
continued use of the Website following the publishing of updated Terms of Service
means that you accept and agree to the changes.
3. Accessing the Website,Security and Privacy
We are working hard on improving The Beer Exchange, but we can't guarantee that the Website
will be up and running 24/7. We also reserve the right to suspend or restrict access to some features
to users. In any case, we will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Website you have to register by entering your email and choosing
a password as part of our security procedures. You must treat such information as confidential, not
disclosing it to any third party and only using The Beer Exchange in person. There is a password
reset procedure in case you forget your password, but please notify us of any breach of security. We
highly recommend to choose a strong password and that you log out from your account at the end
of every session.
It is a condition of your use of the Website that all the information you provide on the Website is
correct, current and complete. In the future, you may be asked to provide certain registration
details or other information. As custom for internet websites, we reserve the right to disable any
user account, at any time in our sole discretion for any or no reason, including, if in our opinion
you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on the Website is error free.
4. Intellectual Property Rights and Use Guidelines.
The Website and its original content, features and functionality, are owned by The Beer Exchange
and are protected by United States and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws. You agree to not copy, modify, create
derivative works of, publicly display, publicly perform, republish, any of our copyrighted material,
except to the extent permitted by the Website itself. If you have doubts about whether and how to
use of material on the Website, please address your concerns to: support@TheBeerExchange.com.
For purposes of these Terms of Service, the term “Content” includes, without limitation,
information, data, text, photographs, videos, audio clips, written posts and comments, software,
scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or
through the Website. For the purposes of these Terms of Service, “Content” also includes all User
Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users
(collectively “User Content”), whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated such User Content. You represent that all User
Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable
laws, rules and regulations. You acknowledge that all Content, including User Content, accessed
by you using the Website is at your own risk and you will be solely responsible for any damage or
loss to you or any other party resulting therefrom. We do not guarantee that any Content you
access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a
worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license
to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and
otherwise fully exploit the User Content in connection with the Website and our (and our
successors’ and assigns’) businesses, including without limitation for promoting and redistributing
part or all of the Website (and derivative works thereof) in any media formats and through any
media channels (including, without limitation, third party websites and feeds). You also hereby do
and shall grant each user of the Website a non-exclusive, perpetual license to access your User
Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Content. For clarity, the foregoing license grants to
us and our users does not affect your other ownership or license rights in your User
Content, including the right to grant additional licenses to your User Content, unless otherwise
agreed in writing. You represent and warrant that you have all rights to grant such licenses to us
without infringement or violation of any third party rights, including without limitation, any
privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right
to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole
discretion, at any time, without notice to you and for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or authorities relating to such Content or if
we are concerned that you may have violated these Terms of Service), or for no reason at all and
(ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate
business purposes, provided that your activities are lawful and in accordance with these Terms of
Service. Prohibited uses include violation of laws and regulations, hacking the Website in any
manner, or violating the Content Standards set below. No right, title or interest in or to the
Website or any content on the site is transferred to you, and all rights not expressly granted are
reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of
these Terms of Service and can lead to account termination.
We ecourage your feedback, in the form of reviews, comments, and suggestions or
recommendations for modifications, improvements or changes to the Services or the Site that you
may choose in your sole discretion to provide us from time to time (“Feedback”). When you
provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a
non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to
use that Feedback or to incorporate it into the Website or other producs or services.
The Website may contain Content specifically provided by us, our partners or our users and such
Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other
proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and
restrictions contained in any Content accessed through the Website.
5. User Contributions and Content Standards. Special Disclaimer for
The Beer Exchange contains user generated content, and also may contain message boards, personal
web pages, forums or other interactive features that allow you to upload, post, submit, publish,
display or transmit to other Users Content on or through the Website. All User Content must be
lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting
the foregoing, it must comply with the following Content Standards:
Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights
of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Service.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm
or annoy any other person.
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any
person or organization.
Not involve commercial activities or sales , such as contests, sweepstakes and other sales
promotions, barter oradvertising.
Not give the impression that they emanate from us or any other person or entity, if this is not
Not used, if public, as test empty documents with no actual content, or typing exercises: please
respect our community and help us minimize the clutter!
User Content is not intended to be legal advice nor form an attorney-client
relationship, nor among the users, nor between the users and The Beer Exchange. Use
of the Website should never be understood to be replacing use of a qualified attorney,
and The Beer Exchange's relationship to all documents and transactions completed
using the Website is that of a trusted, disinterested third party.
6. Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Website, and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or content provided by
any user or third party. In the unlikely event we receive a disclosure request from an authorized
party, we reserve the right to disclose user identities when required to do so by the law, including
in response to a law enforcement request supported by a valid court order. You waive and hold
harmless the Company from any claims resulting from any action taken by the Company during or
as a result of its investigations and from any actions taken as a consequence of investigations by
either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow the procedure set forth
by article 512(c) of the DMCA and provide us a written takedown notice including the following
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
2.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 at that site.
3.Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
4.Information reasonably sufficient for us to contact you, such as email, address, telephone
5.A statement that you 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.
6.A statement that the information in the notification is accurate, and under penalty of perjury,
that you is authorized to act on behalf of the owner of an exclusive right that is allegedly
The notice should be addressed to contact@TheBeerExchange.com, or via snail mail to The Beer
Exchange, 309 East Morehead St. Apartment #832, Charlotte, NC 28202.
7. Disclaimer of Warranties, Limitations of Liability and
hYour use of The Beer Exchange is at your sole risk. The service is provided "as is" and
"as available". We disclaim all warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Website, and
you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and
expenses (including but not limites to attorney's fees) arising from your violation of any
third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable
license to use the Website. Because the Website is not error or bug free, you agree that you will
use it carefully and avoid using it ways which might result in any loss of your or any third party's
property or information.
8. Geographic Restrictions
For now, we provide this Website for use only by persons located in the United States. We make
no claims that the Website or any of its content is accessible, appropriate or legal outside of the
United States. If you access the Website from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be
governed by and construed in accordance with the internal laws of the State of North Carolina
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of the
State of North Carolina.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute
a waiver of such right or provision. The Terms of Service constitutes the entire agreement between
you and The Beer Exchange and govern your use of the service, superseding any prior agreements
(including, but not limited to, any prior versions of the Terms of Service). If any provision of these
Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable
for any reason, such provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at contact@TheBeerExchange.io.