Privacy & Terms Conditional Use Of This Site
Your access to and use of this website and its contents (this “Site”) is subject to the terms and conditions of these Terms of Use (“Terms of Use” or “Terms”), and all applicable laws. By accessing and using this Site, you (the “User” or “you”) accept and agree to these without any limitation or qualification.
Privacy Policy
HORNELL BREWING CO. and its affiliated entities (referred to as “Hornell Brewing”, “we”, “us”, or “our” herein) respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.
General Restrictions
A). You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
B). You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
C). You may not use any third parties’ likenesses, names, and/or properties without their express permission.
D). You may not send any material to this Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
E). We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
F). We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
Ownership Of Material You Send
Subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, without notifying or compensating you, including for reproduction, disclosure, transmission, publication, broadcast and posting. You may only send material to this Site if you are the original author of the material or otherwise have the necessary rights to use that material.
Waiver
We try to make this Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on this Site or in these Terms:
A). Use of this site is at your own risk;
B). The Site is provided to you “as is”; and
C). To the fullest extent permitted by law, we and our related parties: Disclaim all warranties regarding this Site, and shall not be responsible or liable for any damages due to statements, errors or omissions in this Site; content infringing any third party’s rights; viruses that may be transmitted to your computer; linking to any other site or its nature or contents; or any other matter regarding this Site and your use of it.
Indemnification
By using this Site, you agree to indemnify, defend and hold harmless our related parties and us from all damages, costs and expenses, including reasonable lawyer’s fees and costs, arising out of any of the following:
A). Any claims for infringement of intellectual property rights, libel, and defamation relating to any materials you send to this Site;
B). Any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using this Site through your internet account;
C). Your breach of any provision of these terms;
D). Any other matter regarding this Site and your use of it. You agree to use your best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Intellectual Property
We (or our associated or affiliated companies or third parties who have licensed its brands to us or contributed to this Site) (“Content Owner”) own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on this Site should be construed as granting any license or rights to use or distribute any Site Content, without our or the express written agreement applicable Content Owner’s.
Jurisdiction
We control and operate this Site from Woodbury, NY (regardless of where hosting servers are located). All matters relating to this Site are governed by the laws of New York, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to this Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that this Site or materials on it are appropriate for use outside of the U.S.A.. The information set forth in this Site concerning any products or services is applicable only in this Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the U.S., you are solely responsible for compliance with any applicable local laws.
Severability
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Definitions/Interpretation
As used herein: A) “Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
B) “including” means “including, but not limited to”.
C) “materials sent to this Site” (and “materials you send to this Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to this Site (whether information, text, material, data or code or other) by you or another user.
D) “Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
E) “Site Developer” means any party involved in creating, producing, delivering or maintaining this Site.
F) “use of this Site” (and “using” and other like terms) means any and all use of this Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other use of this Site or any material on this Site.
Changes
Please note, we may change information on this Site and/or this Policy, at any time without notice. You should regularly review this Policy for any changes. Any changes will be effective immediately upon the posting of the revised Policy on this Site. By continuing to use this Site, you agree to any changes, and by providing continued access to this Site we are providing you consideration for agreement to such changes.
Cookies
A “cookie” is a small file stored on your computer by a website that gives users a numeric user identification and stores certain information about the user’s activity on the website. We use cookies to let us know that the user is a prior customer and to provide certain features such as storage of the user’s password or user name. Most Web browsers automatically accept cookies, but most allow you to instruct your browser to prevent the use of cookies. However, if you disable this feature, certain aspects of our Site, such as the shopping cart, will not function properly.
Internet Protocol (IP) Addresses
Hornell Brewing uses IP addresses to analyze trends, administer this Site, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information.
Links
This Site contains links to other sites. Please be aware that we are not responsible for the privacy practices of other websites that you may link to/ from this Site. We ask our users to be aware that when they enter other websites they will be subject to privacy practices that may differ from ours. We encourage you to read the privacy statement of each website that you link to and that collects personally identifiable information. This Privacy Statement applies solely to information collected on this Site.
Consent And Notification Of Changes
By using this Site, you consent to the collection and use of personal information as described above by Hornell Brewing. If we decide to change our Privacy Statement, we will post these changes so our users are always aware of what information we collect, how we use it and under what circumstances we disclose it. We encourage you to check this page from time to time because your continued use of this website following any changes to the Privacy Policy will be deemed to constitute your acceptance of such changes.