Last revised: February 23, 2012
Thank you for visiting our website (the “Website”), which is owned and provided
by Anheuser-Busch (including its affiliates, “Anheuser-Busch”). Your use and access
of the Website is governed by and subject to the following terms and conditions.
If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available by clicking here, please do not use the Website or any services offered
by the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION
TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING
TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS
OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE
(21) YEARS OLD, DO NOT USE THIS SITE.
Member Accounts—In order to use certain features
of the Website, you may need to create an account (“Account”). If the Website
requires you to create a User Account, you may never use another User’s Account
without permission. All content posted by you via your User Account must comply
with the Beer Institute Advertising and Marketing Code.
Intellectual Property Ownership—Unless otherwise
noted, all text, content and documents on the Website, any names, logos, trademarks,
service marks, brand identities, characters, trade names, graphics, designs, copyrights,
trade dress, or other intellectual property appearing in the Website, and the organization,
compilation, look and feel, illustrations, artwork, videos, music, software and
other works on the Website (the “Content”) are owned by Anheuser-Busch (or
its affiliates) or used with permission or under license from a third party (hereinafter
collectively referred to as the “Owner”) and are protected under copyright,
trademark and other intellectual property and proprietary rights laws. As between
Anheuser-Busch and you, all right, title and interest in and to the Content will
at all times remain with Anheuser-Busch and/or its Owners. All brand names, product
names, titles, slogans, logos, or service names and other marks used on the Website,
are registered and/or common law trade names, trademarks or service marks of Anheuser-Busch.
Limited Use; Restrictions on Use—You are permitted
to use the Content and/or any services and products on the Website for lawful purposes
as provided in the Terms of Use only; any other use or misuse of any Content is
strictly prohibited. Anheuser-Busch grants you a non-exclusive, limited, personal,
non-transferable, revocable, license to access and use the Content, without right
to sublicense, under the following conditions: you shall not, without Anheuser-Busch’s
express written consent: (a) copy, retransmit, modify, disseminate, display, perform,
reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify
or re-use all or part of the Content, (b) use any tradename, trademark, or brand
name of Anheuser-Busch in metatags, keywords and/or hidden text, (c) create derivative
works from the Content or commercially exploit the Content, in whole or in part,
in any way, and (d) use the Website, the Content, and/or any portion thereof, in
any manner that may give a false or misleading impression, attribution or statement
as to Anheuser-Busch, the Owner, or any third party referenced therein. Anheuser-Busch
reserves all other rights. You shall not alter, remove or obscure any copyright
notice, digital watermarks, proprietary legends or any other notice included in
the Content. Except as expressly provided herein, nothing on the Website shall be
construed as conferring any license under Anheuser-Busch’s and/or its Owner’s intellectual
property rights, whether by estoppel, implication or otherwise. Notwithstanding
anything herein to the contrary, Anheuser-Busch may revoke any of the foregoing
rights and/or your access to the Website, or any part thereof, including the blocking
of your IP Address, at any time without prior notice.
Social Media Sites and Third Party Links—From time
to time, the Website may include features and functionality that allow you to interact
with other sites that are not under our control (“Linked Site”), including
various social media websites (“Social Media Sites”). Anheuser-Busch provides
these features, functionality and links to you only as a convenience and does not
endorse any Linked Sites or Social Media Sites. Anheuser-Busch is not responsible
for the contents or transmission of any Linked Site or Social Media Site or for
the terms of use or privacy practices of any Linked Site of Social Media Site. You
should carefully read the policies of any site you visit. Also, in the event that
you use any Social Media Site to comment upon Anheuser-Busch or any of its products,
you agree that you will always clearly and conspicuously disclose any material connection
you have with Anheuser-Busch (if any) or any consideration you may receive from
Anheuser-Busch in connection with your comment (if any). Under no circumstances
are you authorized to make any claim regarding Anheuser-Busch or any of its products
on any Social Media Site regardless of any material connection you may have with
Anheuser-Busch or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING
Anheuser-Busch OR ANY OF Anheuser-Busch’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION
OF THE FOREGOING, YOU, AND NOT Anheuser-Busch, SHALL BE THE SOLE AUTHOR OF SUCH
CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.
Submitted Ideas—While Anheuser-Busch appreciates
your interest, we expressly request that you do not submit any ideas or information
except via the website available at www.ab-ideas.com. All submitted ideas will be
subject to the policies published at www.ab-ideas.com. We ask that you never submit
an idea that you consider to be confidential and/or proprietary. If you chose to
ignore this request and submit any ideas or information other than via www.ab-ideas.com,
please be aware that, except with respect to your personally identifiable information,
(which is governed by our Privacy Policy),
all comments, suggestions, ideas, notes, drawings, concepts, or other information
disclosed or offered to us by you through the Website shall be deemed to be non-confidential
and non-proprietary and shall become the exclusive property of Anheuser-Busch. Further,
you understand and acknowledge that Anheuser-Busch employs both internal and external
resources which may have developed or may in the future develop ideas identical
or similar to your suggestions and that Anheuser-Busch is only willing to consider
the suggestion on these terms. In any event, you acknowledge and agree that Anheuser-Busch
assumes no obligation of confidentiality or nondisclosure, express or implied by
considering your suggestion. Without limitation, Anheuser-Busch shall exclusively
own, and you hereby irrevocably transfer and assign to Anheuser-Busch, all now known
or hereafter existing rights in and to the suggestion, and Anheuser-Busch shall
be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial
or otherwise without any form of compensation.
Community Guidelines—In addition to links to Social
Media Sites, the Website itself may include bulletin boards, blogs, chat rooms,
comments sections, and other community forums which allow you to post information,
provide feedback and comments, and otherwise interact with other users, either through
postings or by interacting in real-time (together with the Anheuser-Busch relevant
sections of the Social Media Sites, the “Community Forums”). If the Website
includes any Community Forums, the restrictions and obligations contained in this
Section shall apply.
- Anheuser-Busch shall monitor the Community Forums on a regular basis for compliance
with the Beer Institute Advertising and Marketing Code and for any readily apparent
violations of these Terms of Use or illegal content. Notwithstanding the foregoing,
you acknowledge that Anheuser-Busch is under no obligation to edit or modify any
information available in a Community Forum or decide any dispute or disagreement
between posters and and shall have no liability to you for any content posted in
a Community Forum.
- You acknowledge that any opinions, statement, recommendation, offers, advice or
other information presented or disseminated on the Community Forums are those of
their respective authors who are solely responsible and liable for their content.
Anheuser-Busch reserves the right, in its sole discretion, to refuse to post or
remove any material submitted or posted on the Community Forums.
- By using this site, you: (a) direct Anheuser-Busch to store any comments, images,
or other content that you submit (“Submissions”) on our servers and systems
solely at your instruction, if applicable, (b) grant Anheuser-Busch an unlimited,
perpetual, royalty-free, sub-licensable, transferable and irrevocable license to
use, modify, or adapt the Submissions for any purpose whatsoever, including but
not limited to incorporating the submission into Content that may be commercial
in nature. Finally, you are expressly prohibited from submitting any of the following
(“Prohibited Submissions”):
- Any Submission that promotes drinking and driving or irresponsible consumption of
alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable;
- Any Submission that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability
or violate any local, state, national or international law, including, without limitation,
material that depicts child-pornography, acts of violence, drug use or would violate
the regulations of the U.S. Securities and Exchange Commission or any rules of a
securities exchange such as the New York Stock Exchange, the American Stock Exchange
or the NASDAQ;
- Any Submission that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party;
- Any Submission that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive
files; or
- Any Submission that in our sole judgment is inappropriate or objectionable or which
restricts or inhibits any other person from using or enjoying the Site, or which
may expose Anheuser-Busch or its affiliates or its users to any harm or liability
of any type.
No Archive—Even if this Website includes features
and functionality that permit you to upload certain Submissions to our services
or systems, this Website is not and shall not function as an archive. Anheuser-Busch
shall have no liability to you or any other person for loss, damage, or destruction
to your Submission. You shall be solely responsible for maintaining independent
archival and backup copies of any Submission.
United States Only—By using the Website, you agree
and acknowledge that the Website is hosted in the United States. If you are attempting
to access the Website from a physical location within the European Union, Asia,
or any other region with laws or regulations governing personal data collection,
use, and disclosure that differ from United States laws, please be advised that
through your continued use of this Website, which is governed by U.S. law, this
Terms of Use, and the Anheuser-Busch Privacy Policy, you are transferring your personal
information to the United States and you consent to (a) such transfer, (b) the application
of the laws of the United States and/or the State of Missouri with respect to any
dispute arising from or related to the Privacy Policy and/or your use of the Website,
other than such rules, regulations, case law, and/or international treaties that
would result in the application of the laws of a jurisdiction other than the United
States or the State of Missouri, and (c) the exclusive jurisdiction of the courts
of the United States and the State of Missouri. Any claim or dispute between you
and Anheuser-Busch that arises in whole or in part from your use of the Website
or in connection with the Privacy Policy shall be decided exclusively by a court
of competent jurisdiction located in St. Louis, Missouri, U.S.A. Each party hereby
agrees that such court shall have in personam jurisdiction and venue with respect
to such party, and each party hereby submits to the in personam jurisdiction and
venue of such courts and waives any objection based on inconvenient forum.
Disclaimers—Without limiting
the foregoing, the Content and all other features on the Website are provided to
you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the
Website and/or Content, either express or implied, including but not limited to,
fitness for a particular purpose, title, or non-infringement. Should applicable
law not permit the foregoing exclusion of express or implied warranties, then Anheuser-Busch
hereby grants the minimum express or implied warranty required by such applicable
law. No advice or information, whether oral or written, obtained by you from Anheuser-Busch,
its employees, agents, suppliers or any other persons shall create any warranty,
representation or guarantee not expressly stated in this section. Additionally,
Anheuser-Busch does not make any warranties that the Website will be uninterrupted,
secure or error free or that your use of the Website will meet your expectations,
or that the Website, Content, or any portion thereof, is correct, accurate, or reliable.
Anheuser-Busch reserves the right to change any part of the Website at anytime without
notice.
Limitation of Liability—Your
use of the Website is at your own risk. Neither Anheuser-Busch, its affiliates,
nor any of their respective officers, directors, agents or other representatives
will be liable for any damages, direct, indirect, incidental, consequential, special,
or punitive, including, without limitation, loss of data, income, profit or goodwill,
loss of or damage to property and claims of third parties arising out of your access
to or use of the Website or arising out of any action taken in response to or as
a result of any Content or other information available on the Website, however caused,
whether based on breach of contract, tort (including negligence), proprietary rights
infringement, product liability or otherwise. The foregoing shall apply even if
Anheuser-Busch was advised of the possibility of such damages. If you become dissatisfied
in any way with the Website or its Terms of Use or Privacy Policy, your sole and
exclusive remedy is to stop your use of the Website and its services. You hereby
waive any and all claims against Anheuser-Busch and its affiliates, agents, representatives
and licensors arising out of your use of the Website. Because some states do not
allow the disclaimer of implied warranties or the exclusion or limitation of certain
types of damages, these provisions may not apply to you. If any portion of this
limitation on liability is found to be invalid or unenforceable for any reason,
then the aggregate liability of Anheuser-Busch and its affiliates shall not exceed
one hundred dollars ($100.) The limitation of liability herein is a fundamental
element of the basis of the bargain and reflects a fair allocation of risk. The
Website would not be provided without such limitations and you agree that the limitations
and exclusions of liability, disclaimers and exclusive remedies specified herein
will survive even if found to have failed in their essential purpose.
Digital Millennium Copyright Act—Anheuser-Busch
is committed to respecting and protecting the legal rights of copyright owners.
As such, Anheuser-Busch adheres to the following notice and take down policy, in
full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).
If you believe any of the Content infringes upon your intellectual property rights,
please submit a notification alleging such infringement (hereafter a “DMCA Takedown
Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Anheuser-Busch’s
designated agent, (“Copyright Agent”), as set forth below, and (ii) include
the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access disabled and information
reasonably sufficient to permit the service provider to locate the material;
- nformation reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that, under penalty of perjury, the information in the notification
is accurate and you are authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed.
Anheuser-Busch’s Copyright Agent to receive DMCA Takedown Notices is: email: trademarks@anheuser-busch.com.
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other
feedback, comments, online purchases or other communications should be directed
to the applicable customer service links posted on the Website. You acknowledge
that in order for Anheuser-Busch to be authorized to takedown any Content, your
DMCA Takedown Notice must comply with all of the requirements of this Section.
No Framing; Links; Third Party Sites—Framing, in-line
linking or other methods of association with the Website are expressly prohibited
without prior written approval from Anheuser-Busch.
Ability to Accept Terms of Use—You affirm that you
are more than 21 years of age and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties set
forth in the Terms of Use, and to abide by and comply with the Terms of Use.
Assignment—The Terms of Use, and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may be
assigned by Anheuser-Busch without restriction.
Notice—From time to time, Anheuser-Busch may revise
these Terms of Use. To help you stay current of any changes, Anheuser-Busch takes
the following two steps: (1) Anheuser-Busch notes the date the Terms of Use was
last updated below and (2) when Anheuser-Busch makes a change to the Terms of Use,
Anheuser-Busch posts conspicuous announcements of such changes on the Website next
to the link to these Terms and Conditions. Your use of the Website following the
posting of any revised Terms of Use shall be deemed acceptance of the revised policy.
Anheuser-Busch strongly recommends checking Terms of Use periodically. If, and only
if, Anheuser-Busch makes revisions to the Terms of Use that result in a material
lessening of the restrictions on Anheuser-Busch’s use or disclosure of your Personal
Information, Anheuser-Busch will make a commercially reasonable attempt to obtain
your consent before implementing such revisions with respect to such Personal Information.
If you disagree with the provisions of the Terms of Use at any time, your sole remedy
is to terminate your use of the Website and inform us of such termination as described
in the Terms of Use. Continued use of the Website constitutes your agreement to
the Terms of Use as in effect.
Miscellaneous—Anheuser-Busch’s failure to enforce
any provision of the Terms of Use shall not be deemed a waiver of such provision
nor of the right to enforce such provision. If any part of the Terms of Use 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 Terms of Use shall continue in effect. A printed version of the
Terms of Use and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to the Terms of Use to the
same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Copyright 2012: Anheuser-Busch, One Busch Place, St. Louis, MO 63118.