Terms of Service.
1. Data. Users of www.BeerFightClub.com site and Beer Fight Club Services (“You” or “Users”) must create a “User ID” in order to sign up and access Beer Fight Club. User agrees that any information submitted to Beer Fight Club or otherwise by and through the Beer Fight Club Services is true and accurate and User shall not falsify any submitted data or impersonate any other individual. Updating and maintaining this information is at the sole responsibility of the User.
2. Events. Beer Fight Club provides event-planning, promotion and related entertainment services at specified Beer Fight Club events and promotions (“Event”). Beer Fight Club Services do not include the sale, distribution, or provision of any alcoholic beverages. Beer Fight Club is not licensed, and does not represent that it is licensed, to provide sell, distribute or provide alcoholic beverage in any manner. The sale, distribution and provision of alcoholic beverages, and any food, drink, materials or goods are provided solely by the venue holding the Event (“Venue”) or Vendor’s permitted vendors/service providers. Beer Fight Club is not responsible for any acts, omissions, negligence or any conduct whatsoever of the Venue and/or its employees, representatives, agents, or affiliates.
3. Tickets. Users shall not copy, reproduce or duplicate any tickets for the Event, and doing so may result in your forfeiting admittance to the Event. This ticket is not redeemable for cash and does not have any value other than entrance into the Event for which it was sold.
4. Legal Age. Users must be 21 years of age or older to attend the Event, attendee must show a valid ID upon entry to the Event and there is no re-entry into the Venue facility once the Event has started.
5. Venue Use. The Venue may, in its sole discretion, eject or remove a User, or to otherwise limit, condition or restrict a User’s access to alcoholic beverages or use of the Venue and/or Event. The Venue reserves the right to enforce any Venue policy.
6. Reservation of Rights. Beer Fight Club reserves the right to eject or remove Users who are violent, disruptive, belligerent or are otherwise acting like jackasses, and to revise, condition, limit or modify the Event and/or Beer Fight Club Services with or without notice. Beer Fight Club provides no warranties, from your use, misuse or non-use of the Beer Fight Club Services.
7. Event Results. Operation of the Beer Fight Club Event, including the tabulation of “winners” of Events is solely subject to Beer Fight Club written and unwritten policies and procedures, and Beer Fight Club’s sole discretion. Beer Fight Club may modify, enhance and otherwise resolve any inconsistencies, discrepancies or problems with regard to Beer Fight Club Services and/or Event results
8. Marketing Release. User grants Beer Fight Club permission to use User’s name, likeness, photographs(s), videos, voice recording(s), quoted remark(s), biographical data and/or any material based upon or derived therefrom by or through the Beer Fight Club Services and /or Events in all of Beer Fight Club’s publications, promotions, marketing, and/or advertisements (including website entries and videos), without additional payment or consideration. User irrevocably authorizes the Beer Fight Club to edit, alter, copy, exhibit, publish or distribute User’s photograph, video or image for purposes of publicizing Beer Fight Club, or its programs, or for any other lawful purpose. Additionally, User waives any right to royalties or other compensation arising or related to the use of User’s photograph, video or my image. User hereby holds harmless and release and forever discharges Beer Fight Club from all claims, demands, and causes of action which User, his heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
9. Please be responsible and do not drink and drive! Beer Fight Club does not condone or support binge/excessive drinking. Beer Fight Club is not responsible for any activities that are the direct or indirect consequences of drinking alcohol and/or using Beer Fight Club Services and or participation at an Event. Please drink and use Beer Fight Club Services responsibly.
10. Risks and Indemnity. User knowingly and voluntarily assumes all risks and dangers, directly, indirectly, incidental or consequential to the Beer Fight Club Services and/or Events including anything prior during or after the Event. To the fullest extent permitted by law, User agrees to indemnify and hold Beer Fight Club, Venue, any of the competing breweries (“Brewers”) and employees, representatives, agents and affiliates of the foregoing harmless from any and all claims arising from or related to the Event, the Beer Fight Club Services, including, but not limited to injury, personal loss or death arising from the or related to User participation in the Event, including travel to and from the Event.
11. Exclusion of Certain Damages. IN NO EVENT SHALL BEER FIGHT CLUB, VENUE, OR BREWERS, INCLUDING AFFILIATES OF ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BEER FIGHT CLUB, VENUE, OR BREWERS AGGREGATE DAMAGES TO THE USER EXCEED THE COST OF ENTRY TO THE EVENT.
12. Mandatory Mediation and Arbitration; Jurisdiction. Any and all claims, controversies, breaches or disputes arising from or related to these Terms of Service, the Event and any Beer Fight Club Services including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of these Terms of Service, or any claim or assertion that all or part of this Terms of Service is void or voidable, shall first be referred to mediation through programs established by the Colorado Judicial Branch; if no resolution can be achieved at mediation, then such disputes shall be settled by binding arbitration according to the procedures of Colorado Mediators & Arbitrators. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause these Terms of Service. Any arbitration or mediation hearing that requires the Parties’ physical presence shall be held in Douglas County, Colorado. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado, without application of its conflict of laws rules.
13. Severability and Reformation. All provisions of these Terms of Services are distinct and severable and if any provision or clause shall be held to be invalid, illegal or against public policy, the validity or the legality of the remainder of these Terms of Services shall not be affected thereby. Further, if any provision or clause shall be held to be invalid, illegal or against public policy, the arbitrator or court (if applicable) shall reform or revise the subject provision or clause to make such provision or clause enforceable while giving the greatest effect possible to the intent of the original provision or clause.
14. Trademarks. All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners, including in some instances, Beer Fight Club. Any rights not expressly granted herein are reserved.
15. Other. Beer Fight Club is not responsible for you, your actions, your perceptions or anything that you may currently or ever think, speak or do in this world or any other world, realm or dimension. Wearing New England Patriots gear at Events is solely at the risk of the User. Beer Fight Club is supposed to be fun and maybe a little informative. Users who lack a sense of humor will probably be offended and we are not responsible for that either. If you don’t like it, stop using it. Please do not continue to subject yourself to humor on this site or any other site. Perhaps just lock yourself away in a cave and avoid people who might make you laugh. Beer Fight Club is not responsible for people who lock themselves in caves or any harm that may come to them while in the cave such as claustrophobia, starvation, being eaten by a bear, whitening of the skin due to lack of sunlight or any other health risks associated with hiding out in a cave. So please, just come out of the cave. Beer Fight Club is not responsible for people who come out of caves or anything that may happen to them upon exiting the cave or anything associated with; either prior, during or after their time in the cave. All characters and sayings used on Beer Fight Club, even those based on real people are completely fictional and should not be taken seriously.
16. User agrees not to duplicate, copy, forge or otherwise misuse or misrepresent any BFC Membership coupons or benefits being a member or non-member. Any attempt to do so may result in cancellation of your BFC Membership and possible legal action against you.
What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about User visits to and use of our website and/or other Services, a;
(b) information about any Service transactions carried out between you and us on or in relation to our Services;
(c) information that you provide to us for the purpose of registering with us and/or subscribing to any of our Services and/or email notifications.
We may collect, store and use non-personal data about your visits to and use of this website.
We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.
Use of Your Personal Data
(a) improve, direct or enhance your browsing experience by personalizing the website;
(b) send information (other than marketing communications) to you which we think may be of interest to you by post or by email or similar technology;
(c) send to you marketing communications relating to our business, our affiliates, our alliance marketing members or other select-third parties which we think may be of interest to you by post or, where you have specifically agreed to this policy, by email or similar technology.
(d) provide other companies with statistical information about our Users â€“ but this information will not be used to identify any individual User
(e) We may use your data, comments, “votes,” preferences or other data entered by you in connection with the Services for the performance, promotion, or improvement of the Services; such data may, or may not be de-identified, and may contain references to you as the author. Such information may be posted on our Website or otherwise incorporated into our Services.
(f) We may cookies to recognize your computer when you visit our website, and to personalize our website for you. Our advertisers may also send you cookies.
(g) Non-personal data is collected and shared with the website and services may be used to provide relevant and targeted advertisements through retargeting.
Other Disclosures of Your Personal Information
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.
Third party websites
The website contains links to other websites. We are not responsible for the actions, inactions, or privacy policies and procedures of third parties.