Terms of Use

This Agreement was last modified on October 2, 2012

Welcome to our website. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

Please read these Terms of Service carefully. By accessing or using the Site, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the site.

homebrewersformulary.com reserves the right to modify this Agreement at any time without giving you prior notice, and you agree to be bound by such modifications or revisions. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Disclaimer Regarding the Use of Alcohol

The information provided on this Site, whether Content or User Submissions (each as defined below), is intended solely for the entertainment of responsible adults of legal drinking age in the country, state or province in which they reside. This site and the information on it is not intended for minors: any persons under the local legal drinking age, should leave this Site immediately.

It is not the intent of homebrewersformulary.com or of this Site to promote the illegal consumption, misuse of alcohol, alcoholism, drinking during pregnancy, drinking and driving, hazing, binge drinking, or any other form of alcohol abuse.

homebrewersformulary.com takes no responsibility for any effects or harm caused by the consumption of recipes, or the usage of information provided on this Site. Any use of the content provided on the Site is the sole responsibility of the user. These recipes and other information are provided “as is” and are for novelty purposes only. homebrewersformulary.com does not provide any guarantee that use of any information provided on the Site will not pose any harm to the user.

2. Use of the Site

homebrewersformulary.com hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Site as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Site, including but not limited to Content and User Submissions (each as defined below), without homebrewersformulary.com’s prior written authorization.

B. You agree not to alter or modify any part of the Site, including but not limited to homebrewersformulary.com’s technologies.

C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by the this Terms of Service or a written agreement between you and homebrewersformulary.com.

D. You agree not to use the Site for any commercial use without the prior written authorization of homebrewersformulary.com. Prohibited commercial uses include, but are not limited to, any of the following actions taken without homebrewersformulary.com’s express approval:

1. Sale of access to the Site, Content or services via another website or medium (such as a mobile application);
2. Use of the Site, Content or services for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Submissions or the Content;
4. Any use of the Site, Content, User Submissions or services that homebrewersformulary.com finds, in its sole discretion, has the effect of competing with or displacing the market for the Site, Content or User Submissions.

E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the homebrewersformulary.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, homebrewersformulary.com grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. homebrewersformulary.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.

G. You agree not to impersonate any person or organization.

H. You agree not to harass any other user.

homebrewersformulary.com reserves the right to discontinue any aspect of the Site or services at any time.

3. Copyright and Trademarks

The Site and Content and User Submissions are protected by U.S. and/or foreign copyright laws, and belong to homebrewersformulary.com or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by homebrewersformulary.com or other copyright owners who have authorized their use on the Site. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. homebrewersformulary.com reserves all rights not expressly granted in and to the Websites and the Content. Unless otherwise explicitly noted on the Site, you may not manipulate or alter in any way images or other Content on the Site.

You may access User Submissions solely for your information and personal use in accordance with these Terms of Service, and as intended through the normal functionality of the Site.

User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as expressly authorized under this Agreement.

You may access Content, User Submissions and other content only as permitted under this Agreement. homebrewersformulary.com reserves all rights not expressly granted in and to the Content and the Site.

You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that homebrewersformulary.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against homebrewersformulary.com with respect thereto, and agree to indemnify and hold homebrewersformulary.com, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

API, RSS FEED AND “ADD TO YOUR BLOG” FUNCTIONALITY. From time to time homebrewersformulary.com may allow you to access and display Content via an application protocol interface (API), RSS Feed, linking mechanism (e.g., “Add To Your Blog”), or other means (“Permitted Distribution Mechanisms”). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by homebrewersformulary.com. homebrewersformulary.com may revoke your right to use any Permitted Distribution Mechanism in its sole discretion. homebrewersformulary.com may limit the nature and amount of Content you access via a Permitted Distribution Mechanism in its sole discretion.

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. User Submissions

You may submit picture content (“User Pictures”), textual content (“User Comments”), and/or other data (“User Data”) to homebrewersformulary.com. User Pictures, User Comments and User Data are collectively referred to as “User Submissions”. homebrewersformulary.com does not want to receive confidential or proprietary information from you via the Site. You agree that User Submissions you transmit to us or post to the Site will be considered non confidential and non proprietary.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize homebrewersformulary.com to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.

You retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to homebrewersformulary.com, you hereby grant homebrewersformulary.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other homebrewersformulary.com products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by homebrewersformulary.com to exploit any User Submissions. By way of further clarification, homebrewersformulary.com may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for homebrewersformulary.com to exercise its rights under the foregoing license, you hereby grant homebrewersformulary.com a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant homebrewersformulary.com all of the license rights granted herein.

You agree that your conduct on the Site will comport with the Community Guidelines which may be updated from time to time.

homebrewersformulary.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and homebrewersformulary.com expressly disclaims any and all liability in connection with User Submissions. homebrewersformulary.com does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and homebrewersformulary.com will remove all Content and User Submissions if properly notified in a manner consistent with law and homebrewersformulary.com’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. homebrewersformulary.com reserves the right to remove Content and User Submissions without prior notice.

If you provide feedback to us regarding the Site, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

5. Links to Third-Party Web Sites

The Site may contain links to third party websites that are not owned or controlled by homebrewersformulary.com. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by homebrewersformulary.com of the third party, the third-party web site, or the information contained therein. homebrewersformulary.com is not responsible for the availability of any such web sites. homebrewersformulary.com is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of homebrewersformulary.com affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

6. Termination Policy

You may terminate your use of the Site at any time. homebrewersformulary.com may suspend or terminate your access to the Site or terminate these Terms of Service, at any time, for any reason. If homebrewersformulary.com suspects that you have violated any provision of these Terms of Service, homebrewersformulary.com may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Site, even after you have stopped using the Site.

homebrewersformulary.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. homebrewersformulary.com may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. Downloading Files

homebrewersformulary.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

8. Disclaimer of Warranties

HOMEBREWERSFORMULARY.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. HOMEBREWERSFORMULARY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. HOMEBREWERSFORMULARY.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. HOMEBREWERSFORMULARY.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability

IN NO EVENT WILL HOMEBREWERSFORMULARY.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF HOMEBREWERSFORMULARY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HOMEBREWERSFORMULARY.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless homebrewersformulary.com, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

11. Privacy

The site is intended for adults only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Site or submit any personal information or Submissions on the Site.

Click here to see homebrewersformulary.com’s Privacy Policy.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

14. Password Security

If you register to become a homebrewersformulary.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by homebrewersformulary.com without restriction.

16. General Provisions

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by homebrewersformulary.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. homebrewersformulary.com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. homebrewersformulary.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, homebrewersformulary.com’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Washington, without regard to any conflict of laws provisions.

Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement.

17. Contacting homebrewersformulary.com

If you have any questions or concerns about these Terms of Service or the Site, please contact policy@homebrewersformulary.com.