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Terms and Conditions

Thank you for visiting our website (the “Website”), which is owned and provided by Veza Sur Brewing Compan y(including its affiliates, “Veza Sur”). Your use and access of the Website 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 Paolicy, please do not use the Website or any services offered by the Website.

 

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND 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 SITE.

 

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 Veza Sur Brewing Co. (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 Veza Sur Brewing Co. and you, all right, title and interest in and to the Content will at all times remain with Veza Sur Brewing Co 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 Veza Sur Brewing Co.

LIMITED USE; RESTRICTIONS ON USE — You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited. Veza Sur Brewing Co. 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 Veza Sur Brewing Co.’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 Veza Sur Brewing Co. 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 Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Veza Sur Brewing Co., the Owner, or any third party referenced therein. Veza Sur Brewing Co. 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 Website shall be construed as conferring any license under Veza Sur Brewing Co.’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Veza Sur Brewing Co. may revoke any of the foregoing rights and/or your access to the Website, 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 Website 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”). Veza Sur Brewing Co. provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Veza Sur Brewing Co. 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 Veza Sur Brewing Co. or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Veza Sur Brewing Co. (if any) or any consideration you may receive from Veza Sur Brewing Co. in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Veza Sur Brewing Co. or any of its products on any Social Media Site regardless of any material connection you may have with Veza Sur Brewing Co. or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING VEZA SUR BREWING CO.  OR ANY OF VEZA SUR BREWING CO.’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT VEZA SUR BREWING CO, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

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 Veza Sur Brewing Co. 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.

 

  • Veza Sur Brewing Co. 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 of Use or illegal content. Notwithstanding the foregoing, you acknowledge that Veza Sur Brewing Co. 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. Veza Sur Brewing Co. 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 Veza Sur Brewing Co. 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 Veza Sur Brewing Co. 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 Veza Sur Brewing Co. 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. Veza Sur Brewing Co. 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 — By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Veza Sur Brewing Co. 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 Website, 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. Any claim or dispute between you and Veza Sur Brewing Co. that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in St. Louis, MO, U.S.A.

DISCLAIMER — Veza Sur Brewing Co. reserves the right to change any part of the Website at anytime without notice, subject to the “NOTICE” provision set forth below.

LIMITATION OF LIABILITY — Neither Veza Sur Brewing Co., 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 the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Veza Sur Brewing Co. fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The foregoing shall apply even if Veza Sur Brewing Co. was advised of the possibility of such damages. If you become dissatisfied in any way with the Website Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against Veza Sur Brewing Co. and its affiliates, agents, representatives and licensors arising out of your use of the Website—except in the event Veza Sur Brewing Co. fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

DIGITAL MILLENNIUM COPYRIGHT ACT — Veza Sur Brewing Co. is committed to respecting and protecting the legal rights of copyright owners. As such, Veza Sur Brewing Co. 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 Veza Sur Brewing Co.’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.

Veza Sur Brewing Co. receives DMCA Takedown Notices via email: trademarks@vezasur.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 Website. You acknowledge that in order for Veza Sur Brewing Co. 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 Veza Sur Brewing Co. .

ABILITY TO ACCEPT TERMS OF USE — 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 of Use, and to abide by and comply with the Terms of Use.

ASSIGNMENT — The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Veza Sur Brewing Co. without restriction.

NOTICE — From time to time, Veza Sur Brewing Co. may revise these Terms of Use. To help you stay current of any changes, Veza Sur Brewing Co. takes the following two steps: (1) Veza Sur Brewing Co. notes the date the Terms of Use was last updated below and (2) when Veza Sur Brewing Co. makes a change to the Terms of Use, Veza Sur Brewing Co. posts conspicuous announcements of such changes on the Website next to the link to these Terms and Conditions. Your use of the Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. Veza Sur Brewing Co. strongly recommends checking Terms of Use periodically. If, and only if, Veza Sur Brewing Co. makes revisions to the Terms of Use that result in a material lessening of the restrictions on Veza Sur Brewing Co.’s use or disclosure of your Personal Information, Veza Sur Brewing Co. will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

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

Copyright 2016: Veza Sur Brewing Co., 55 NW 25th St. Miami, FL 33127

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