Please read the following Terms and Conditions (these "Terms") carefully before using the CurbsideCraft ("CurbsideCraft", "we," "our," or "us") mobile application (the "App"), visiting our website located at www.curbsidecraft.com (the "Website"), or participating in any online features, products, services and/or programs offered by us (individually and collectively, with the App and the Website, the "Services"). These Terms apply to all visitors to our Website and users of our Services, including consumers shopping for craft beer ("Users"), and breweries who partner with us to provide and sell craft beer to Users ("Breweries").
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Services, you agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services.
Convenience and Information
The Services are provided to you as a convenience and for your information only. By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the "Content") is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.
Use and Content
The ownership of the Services, Content, and all rights therein are and will remain with CurbsideCraft. We grant you the right to access and use the Services as long as you follow the requirements in these Terms. You agree that you will use the App and other Services in accordance with all applicable laws, rules, and regulations, as well as such other reasonable rules provided by us from time to time.
You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Services; attempt to gain unauthorized access to or impair any aspect of the Services; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
Age Requirements
You affirm that you are at least twenty-one (21) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Updates
We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Privacy
Personal information that you provide will be handled in accordance with our privacy notice ("Privacy Notice"). Click here to view our Privacy Notice. Please review our Privacy Notice for an explanation of how we may use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information.
Electronic Communication
By using the Services, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the end of these Terms. We will communicate with you by e-mail or by posting notices on the App, the Website, or through our other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Registration Information
To access and use the App and/or Website, you may be required to supply registration information, including your name, e-mail address, phone number, and a password ("Registration Information"). We may use and share your Registration Information in order to provide you with our Services and as described in our Privacy Notice.
You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. If any of your Registration Information changes, you must update it promptly. Neither we nor our indemnitees shall be responsible for verifying your Registration Information. You will be solely responsible for maintaining the confidentiality of your Registration Information. You agree not to give or make available your password or other credentials that you use in connection with the App or any other Services to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials. We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Services.
Security
While we may provide reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
No Warranties for the Services
We make no warranty concerning the Services, Content and/or the Brewery Content (as defined below) including, without limitation, with respect to any delay, failure, interruption, or corruption of any data, or any other information transmitted in connection with the use of the Services. You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services. The Services, Content and Brewery Content are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion. We make no representations or warranty that the Services, Content or Brewery Content will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, or other harmful components. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area.
Indemnification
You agree to defend, indemnify, and hold harmless CurbsideCraft and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: your failure to comply with these Terms; your breach of your obligations under these Terms; your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; your violation of any law or the rights of a third party; any dispute or issue between you and any third party; and your willful misconduct. CurbsideCraft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
In no event will CurbsideCraft or our affiliates, subsidiaries or parent company, or any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, or other representatives, and each person acting by, through, under or in concert with such parties, be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any kind arising from your use of or inability to use the Services or the Content or Brewery Content provided in connection with the Services, or for any other claim related in any way to your use of the same. In addition, we will not be liable for any negative repercussions to anyone based on the use of or inability to use the Services, including, but not limited to, any lost goodwill or lost profits. We are not responsible for inaccuracies or errors in or omissions from the Content or Brewery Content; or interruptions, or loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. To the fullest extent permitted by applicable law, our entire liability shall be limited to the amount paid by you to CurbsideCraft for or relating to the Services within the prior twelve (12) months, if applicable. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
Intellectual Property
The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance.
Brewery Content
The Services may allow Breweries to upload and submit Content about their craft beer inventory and pricing, including statements, photos, text, graphics, notes, drawings, or any other content of any kind whatsoever (collectively, "Brewery Content"). Users will not be permitted to upload and submit any Content. We do not claim ownership in Brewery Content. However, by submitting the Brewery Content, you automatically grant CurbsideCraft, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Brewery Content for the purpose of displaying and promoting such Brewery Content without further notice to you, or consent from you, and without any requirement to pay anything to you. You also grant to us the right to incorporate your Brewery Content into other works in any form, medium or technology, whether now known or later developed. You represent and warrant that neither your Brewery Content nor our use of your Brewery Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We reserve the right to review, revise, move and/or remove the Brewery Content, in our sole discretion. Please remember that, even if we review your Brewery Content, you will be solely responsible for your Brewery Content, and we expressly disclaim any and all liability in connection with the Brewery Content.
Copyright Complaints
We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). Under the DMCA, a copyright owner may file a takedown notice with us of an alleged copyright infringement. During this process, we will take down the alleged infringing content, and take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
When notifying us of potential infringement, you must include the following information: identification of the copyrighted work(s) claimed to have been infringed and the material that is to be removed; information reasonably sufficient to permit us to locate the allegedly infringing material; contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or e-mail address; a statement that the complaining party has a good faith belief that use of the material is in fact infringing; a statement, made under penalty of perjury, that the information set forth in the notification is accurate; and the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
Notice of alleged infringement must be sent by e-mail to our DMCA Agent, Chris Beauchamp (chris@curbsidecraft.com), or by certified mail and marked "Copyright Infringement", Attn: DMCA Agent at CurbsideCraft at our address set forth below.
Before filing a notice of copyright infringement, please make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, please seek the advice of legal counsel.
To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following: identification of the allegedly infringing material that was removed or disabled; a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and the signature, physical or electronic, of you or a person authorized to act on your behalf.
Feedback and Materials
Subject to the provisions of the Privacy Notice relating to any personal information contained in such, you acknowledge and agree that all feedback, comments, and suggestions, including suggestions for improvements, enhancements, alterations, changes or revisions, or otherwise regarding the Services that you provide to CurbsideCraft are assigned to CurbsideCraft, and you have no further rights therein or thereto. We may use (or not use) such information for whatever purpose we choose, without notice or compensation to you.
Termination of Service
We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
Additional Remedies
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law; Jurisdiction and Venue
You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the Commonwealth of Pennsylvania with respect to such matters.
Local Laws
We make no representation that any materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Additional Agreements and Third Party Agreements
In addition to these Terms, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may send through the App, or otherwise provide or make available to you from time to time that relate to the Services that we provide and that are owned or controlled by us (collectively, "CurbsideCraft Additional Agreements").
You may also be subject to other terms of third parties who provide services that are not owned or controlled by CurbsideCraft, for example third party payment processors. These additional third party agreements are not included in the CurbsideCraft Additional Agreements, and we make no representations regarding such additional third party agreements. Such third party agreements and applications are provided "as is" and your use of such services is subject to their respective terms.
Contact Us
If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at: CurbsideCraft, c/o DollarUp, LLC, 304 Michaels Aly, West Chester, PA 19382, E-mail: support@curbsidecraft.com. Phone: (843) 410-9106
Last modified: March 31, 2020