Beck's Hybrids Terms of Use & User Content

AGREEMENT BETWEEN USER AND BECK’S HYBRIDS

The Beck’s Hybrids website and social media pages are operated by Beck’s Hybrids and are a part of the “Beck’s Hybrids Platform”.

The Beck’s Hybrids Platform refers to the Beck’s Hybrids website, social media pages, mobile applications and any other Beck’s Hybrids site that you access (collectively the “Beck’s Hybrids Platform”) and governs data collection and usage. By using the Beck’s Hybrids Platform, you consent to the data practices described in this statement.

The Beck’s Hybrids website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Beck’s Hybrids website constitutes your agreement to all such terms, conditions, and notices.

Beck’s Hybrids reserves the right to change the terms, conditions, and notices under which the Beck’s Hybrids website is offered, including but not limited to the charges associated with the use of the Beck’s Hybrids website.

The Beck’s Hybrids website may contain links to other websites ("Linked sites"). The Linked sites are not under the control of Beck’s Hybrids and Beck’s Hybrids is not responsible for the contents of any Linked site, including without limitation any link contained in a Linked site, or any changes or updates to a Linked site. Beck’s Hybrids is not responsible for webcasting or any other form of transmission received from any Linked site. Beck’s Hybrids is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beck’s Hybrids of the site or any association with its operators.

As a condition of your use of the Beck’s Hybrids website, you warrant to Beck’s Hybrids that you will not use the Beck’s Hybrids website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beck’s Hybrids website in any manner which could damage, disable, overburden, or impair the Beck’s Hybrids website or interfere with any other party's use and enjoyment of the Beck’s Hybrids website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beck’s Hybrids Platform.

USER CONTENT, CONTENT STANDARDS & USE OF COMMUNICATION SERVICES

The Beck’s Hybrids Platform may contain bulletin board services, chat areas, contests, sweepstakes, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), and you agree to use the Communication Services only to post, send and receive messages, and material that are proper and related to the particular Communication Service.

The Communication Services within the Beck’s Hybrids Platform may allow you to post, submit, display, publish or transmit to other users or other persons (hereinafter, “post”) content or materials, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, communications, designs, graphics, opinions, written materials and/or other materials (collectively, “User Content”).

All User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the Beck’s Hybrids Platform will be considered non-confidential and non-proprietary.

All User Content you submit on the Beck’s Hybrids Platform is governed by the following (“License”):

You grant to the Beck’s Hybrids Platform an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness, biographical data, or any other of your rights of publicity in connection with the User Content. Beck’s Hybrids is entitled to assign or sublicense all or a portion of this License in its entirety, without payment to you.

You acknowledge and agree that (a) Beck’s Hybrids has the right to arrange the posting of User Content in any way it desires in Beck’s Hybrids’ sole discretion; (b) Beck’s Hybrids has no obligation to provide you with any credit when using your User Content, but in the event that Beck’s Hybrids chooses to provide you with credit, the size and placement of the credit is under Beck’s Hybrids’ sole discretion; (c) you waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or any other payment in connection with the User Content. You understand that Beck’s Hybrids will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Beck’s Hybrids use your User Content.

You represent and warrant that: (a) you have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Beck’s Hybrids’ use and exploitation of the User Content; and (e) the User Content conforms to the Content Standards below.

You are solely responsible for the User Content that you post on the Beck’s Hybrids Platform sites or transmit to other users and agree that you will not hold Beck’s Hybrids responsible or liable for any User Content from other users that you access on the Beck’s Hybrids Platform. Any User Content you provide to Beck’s Hybrids should reflect your honest opinion, finding, beliefs or experience, and are within your personal knowledge, as applicable.

Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Beck’s Hybrids will make the sole determination as to whether or not User Content is acceptable for the website. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations.

Beck’s Hybrids expects all of its users to be respectful of other people. Without limiting the foregoing, User Content must not, and when using a Communication Service, you will not:

Include photographs, depictions or references to any other people than yourself, unless you have obtained all necessary permissions from those people.

Include any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners.

Contain music (unless Beck’s Hybrids specifically invites you to include particular music in User Content in a particular situation).

Contain any material that otherwise infringes or violates another party’s right of publicity, right of privacy, or intellectual property rights of any person or company.

Defame, abuse, harass, stalk, threaten, promote racism, bigotry or otherwise violate the legal rights (such as rights of privacy and publicity) of any group or individual.

Promote or encourage actual violence against a person.

Be inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another person on the Beck’s Hybrids Platform.

Be illegal or promote any illegal activities.

Provide links to any external website that violates these Content Standards, the Terms of Use, or the Beck’s Hybrids Privacy Policy.

Promote illegal or unauthorized copying of another person’s copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures.

Contain “masked” profanity (i.e. F@*&#$).

Contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or reference to any other product, offer, or website.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Upload User Content that does not otherwise comply with these Terms of Use.

If you notice any violation of these Content Standards or other unacceptable behavior by any user, you should report such activity to Beck’s Hybrids.

Beck’s Hybrids has no obligation to monitor User Content or the Communication Services. However, Beck’s Hybrids reserves the right to review User Content and materials posted to a Communication Service and to remove any materials in its sole discretion. Beck’s Hybrids reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beck’s Hybrids reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beck’s Hybrids' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beck’s Hybrids does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beck’s Hybrids specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beck’s Hybrids spokespersons, and their views do not necessarily reflect those of Beck’s Hybrids.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BECK’S HYBRIDS OR POSTED TO ANY BECK’S HYBRIDS PLATFORM SITE

Beck’s Hybrids does not claim ownership of the materials you provide to Beck’s Hybrids (including feedback and suggestions) or post, upload, input or submit to any Beck’s Hybrids website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beck’s Hybrids, and all sites associated with the Beck’s Hybrids Platform, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Beck’s Hybrids is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beck’s Hybrids' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The information, software, products, and services included in or available through the Beck’s Hybrids website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Beck’s Hybrids may make improvements and/or changes in the Beck’s Hybrids website at any time. Advice received via the Beck’s Hybrids website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Beck’s Hybrids make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Beck’s Hybrids website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Beck’s Hybrids and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Beck’s Hybrids be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Beck’s Hybrids website, with the delay or inability to use the Beck’s Hybrids website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Beck’s Hybrids website, or otherwise arising out of the use of the Beck’s Hybrids website, whether based on contract, tort, negligence, strict liability or otherwise, even if becks hybrids or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Beck’s Hybrids website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Beck’s Hybrids website.

Beck’s Hybrids reserves the right, in its sole discretion, to terminate your access to the Beck’s Hybrids website and the related services or any portion thereof at any time, without notice. GENERAL to the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hamilton County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Beck’s Hybrids website. Use of the Beck’s Hybrids website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beck’s Hybrids as a result of this agreement or use of the Beck’s Hybrids website. Beck’s Hybrids' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beck’s Hybrids’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Beck’s Hybrids website or information provided to or gathered by Beck’s Hybrids with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beck’s Hybrids with respect to the Beck’s Hybrids website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beck’s Hybrids with respect to the Beck’s Hybrids website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.