(Effective September 24, 2013)
2. Scope of License.
The Site is intended solely for users who are 21 years of age or older. If you are under the age of 21, you are not permitted to use the Site. You acknowledge that all information (including, without limitation, text, layout, design elements, trademarks, images, product information, promotional information, and interactive software) published or otherwise made available on this Site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws, and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. You acknowledge that Blue Point, its affiliates, or licensors are the sole and exclusive owners of all right, title, and interest in the Site and the Information. The Information is provided by Blue Point as an accommodation to its customers, and may be used by you only to promote your purchase of the products offered by Blue Point (the "Purpose"). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that Blue Point will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only. Blue Point reserves the right to change, suspend, remove, or disable access to the Site or any feature thereof, at any time without notice. In no event will Blue Point be liable for any removal of or disabling of access to any portion of the Site.
3. User Provided Content.
You acknowledge that Information accessed through secure areas of the Site (i.e. areas requiring a user name and password) is confidential and proprietary to Blue Point ("Confidential Information"), and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Confidential Information to any third party without Blue Point's prior written consent, or permit any third party to examine and/or make copies of any of the Confidential Information; (ii) not to use or copy the Information for any purpose except the Purpose; and (iii) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect the Confidential Information. Confidential Information shall not include any information that is or becomes generally available to the public.
You acknowledge and agree that the Confidential Information is proprietary to and is the sole and exclusive property of Blue Point and that you have no right, title or interest therein. You acknowledge and agree that the Confidential Information is a trade secret and is not readily accessible to competitors of Blue Point and that such Confidential Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Confidential Information: (i) provides Blue Point with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Blue Point has taken and is taking all reasonable precautions to protect the secrecy of the Confidential Information and Blue Pointâ€™s legitimate interest in the Confidential Information; (iii) would be difficult for competitors of Blue Point or others to duplicate; and (iv) may be used by Blue Point in any manner it determines in order to aid in the marketing, sales and distribution of its products.
5. Acceptable Use.
All Information relating to descriptions and characterizations of products contained on this Site ("Product Data") are provided solely for purposes of identifying the products in question and for illustrative purposes and do not constitute a warranty that such products will conform to such Product Data, and Blue Point hereby waives any and all liability in connection therewith.
Any trademarks, logos, slogans, product designations, service marks, and trade dress (collectively "Marks") displayed on this Site are the property of Blue Point or other third parties. You are not permitted to use these Marks without the prior written consent of Blue Point or such third party that may own any such Mark. This Site may contain information and disclosures of products which may be the subject of intellectual property protection owned by Blue Point. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any Marks.
9. Third Party Sites.
This Site may contain links to third party websites ("Third Party Sites") or offer content from Third Party Sites. Blue Point makes no representations about any Third Party Sites or the content thereof which you may access through this Site. You acknowledge that Blue Point has not reviewed all these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site, or content thereof, is at your own risk and Blue Point shall have no liability therefor. Blue Point is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. Blue Point shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site, content from any Third Party Site, or your use thereof, and same are hereby waived. Blue Point provides these links and content merely as a convenience and the inclusion of thereof does not imply an endorsement, sponsorship or recommendation by Blue Point of anything contained on Third Party Sites, or its products or services. Blue Point reserves the right to terminate any Third Party Site link or content at any time.
Moreover, a Third Party Site may provide a link to this Site ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Blue Point. In most cases, Blue Point is not aware that a third party has linked to this Site. You acknowledge and agree that Blue Point shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
Blue Point cannot guarantee that any of the Third Party Sites, content thereof, or Links will be free from any viruses, time bombs, Trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Blue Point does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites, content thereof, and the Links, and same are hereby waived. Accordingly, Blue Point hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
To access certain Information on this Site, you may need to download such Information onto your own computer. You acknowledge and agree that your right to download Information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in section 6, Blue Point is not responsible for the completeness, accuracy and reliability of Product Data downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such Information. You agree not to forward materials you download from the Site to persons who are under the age of 21.
11. Termination of Access.
12. User Submissions.
By submitting any questions, comments, suggestions, ideas, feedback, reviews, images, videos, or other information or content ("Submissions") to Blue Point, either online of offline, and whether or not solicited by Blue Point, you hereby grant to Blue Point, its parent, affiliates, subsidiaries, assigns, agents, and licensees, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submissions and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation or attribution of any kind to you or any third party.
Publication or use of any Submissions is at the sole discretion of Blue Point and Blue Point is under no obligation to publish or use any Submission. If your Submission is published, used and/or posted on the Site or otherwise used by Blue Point, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant Blue Point the right to use your name in connection with the publication, use or posting of your Submission.
13. Procedure for Making Claims of Copyright Infringement.
Blue Point is committed to complying with U.S. copyright law. It is our policy to terminate subscriptions and accounts (if applicable), of any user who has been found to violate copyright law by making material available on or through our website in a way that infringes upon the intellectual property rights of others.
If you believe that your copyrighted work is made available on the Site in violation of your copyright rights, you may provide notice to us pursuant to Â§ 512(c)(3) of the Digital Millennium Copyright Act ("DMCA"). The DMCA notice should be sent to Mark Burford, who is our "Designated Agent" and can be contacted as follows:
By Mail: 161 River Avenue, Patchogue, New York 11772
By Telephone: 631-475-6944
By Email: firstname.lastname@example.org
The DMCA notice should include all of the following:
· (a) Identification of the copyrighted materials claimed to have been infringed.
· (b) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material.
· (c) A statement that the sender has 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.
· (d) A statement by the sender that the information in the DMCA notice is accurate, and under penalty of perjury, that the sender is the copyright owner (or if not the owner, is authorized to act on behalf of the owner).
· (e) The sender's contact information, such as an address, telephone number, and, if available, an electronic mail address (so that we may contact the sender regarding the DMCA notice).
· (f) The sender's signature (physical or electronic).
14. Contact Blue Point.
· (a) This Site is administered by Blue Point from its offices in the state of New York. Blue Point makes no representation that Information in this Site is appropriate or available for use outside the United States. Access to this Site is prohibited in any territories where the content of this Site is illegal.
Shipping Notice: At Blue Point Brewing we appreciate your business and strive to deliver your order as quickly as possible. All orders with correct shipping information are processed and shipped within 72 hours. Shipping times can vary depending on your location. Most orders are delivered within 3 to 5 days of shipping date. If you have any questions or want to check the status of your order please contact us.