Terms & Privacy
Terms Of Service
Effective Date: Oct 28th, 2022
OVERVIEW
Please read these Terms carefully before using our websites and any online services, software or apps provided by Liberty Brew LLC (“Liberty Brew LLC”, “we”, or “us” or “our”) that post a link to these Terms (the “Service”). The Service is operated by Liberty Brew LLC. Liberty Brew LLC offers this Service, including all information, tools and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting, accessing, or using any part of the Service and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies that apply to certain parts of the Service, referenced herein and/or available by hyperlink (“Additional Terms”). Examples are our LB Text Program Terms and Conditions and our LB Loyalty Program Terms and Conditions. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service. By using our Service you also consent to our practices as set forth in our Privacy Policy, available at https://www.libertybrewllc.com/pages/privacy-policy .
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes as to the continued usage of the Service.
These Terms are a contract that limits your rights and remedies and our liability, and grants us rights from you. This includes mandatory arbitration of disputes and waiver of class actions. Read the entirety of these Terms and do not use the Service if you do not agree.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to access or use Services.
SECTION 2 - SUBSCRIPTIONS
We offer different subscription plans for our coffee products and merchandise (each, a “Subscription”). Your Subscription(s) will automatically renew at the end of each period at the then-prevailing rate unless you cancel. The products in your Subscription(s) and the frequency of delivery may vary depending upon your selections. Any changes you make to your Subscription(s) may also result in changes to any applicable shipping and handling charges as well as delivery times. If we change the prices or other charges associated with our Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our websites. The fees for your Subscription(s) can be found on your My Account page under Subscriptions and are subject to change in the future at our discretion.
You may cancel your Subscription(s) at any time for any reason on your My Account page under Manage Subscriptions M-F, 9-5 CT). Cancellations will only apply to future charges and no refunds will be given for cancellations made after the renewal date for the Subscription(s).
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
In the event you cancel your Subscription(s), please note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, as permitted by applicable law. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks consistent with credit card industry security obligations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service, or any content on the Service, except as expressly permitted by these Terms, or applicable Additional Terms, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Service or elsewhere, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or elsewhere, should be taken to indicate that all information on the Service or elsewhere has been modified or updated. You agree that it is your responsibility to monitor changes to our Service.
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk.
The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Service, or a specific portion thereof (e.g. website availability only). These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, available at https://www.libertybrewllc.com/pages/shipping-and-returns. Not all products or services depicted via the Service may be available in all areas or at all times and pricing and availability may vary by location. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction as permitted by applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. An order made via the Service is an offer by you to us, which is not accepted by us until we fulfill the order, and we may reject any orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Availability of product and services is subject to our acceptance of an order and may be limited as required by applicable law.
We have made every effort to display as accurately as possible our products and services, including the colors and images of our products that appear at the store, and information and pricing about them. However, as permitted by applicable law, we do not guarantee accuracy. Further, subject to applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – THIRD-PARTY SERVICES
We may provide you with access to third-party content, tools and service over which may have no control or input (e.g., social media plug-ins such as “like” buttons)(“Third-party Services). You acknowledge and agree that we provide access to such Third-party Service “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, and that the use of these Third-party Services is subject to the third party operator’s own terms of use, privacy policy and data and other practices (which we advise you to review before using the Third-party Service). We shall have no liability whatsoever arising from or relating to your use of Third-party Services. Any use by you of Third-party Services available through our Service is entirely at your own risk and discretion.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, see below for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Liberty Brew LLC and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by Liberty Brew LLC under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that Liberty Brew LLC, and not Apple, is responsible for providing the Service and content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Liberty Brew LLC, Liberty Brew LLC, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
SECTION 9 - THIRD-PARTY LINKS
Third-party links on the Service may direct you to third-party websites that are not affliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party locations linked to from our Service and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If you send or post content or other submissions on or via the Service (e.g., contest entries, user posting areas, community forums, comments sections, using contract us tools, etc.), or otherwise, with or without a request from us, (collectively, “User-Generated Content” or “UGC”), you hereby grant Liberty Brew LLC, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Liberty Brew LLC to your UGC, you also, as permitted by applicable law, hereby grant to Liberty Brew LLC, and agree to grant to Liberty Brew LLC, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
We are and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay compensation for any UGC or provide you other consideration or attribution; or (3) to respond to any UGC. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You represent, warrant and agree that your UGC will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your UGC will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or harm us or any other User of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any UGC. You remain the owner of your UGC, subject to our licensed rights, and are solely responsible it. We take no responsibility and assume no liability for any UGC posted by you or any third-party.
SECTION 11 – COMMUNITY USAGE RULES
As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
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(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Liberty Brew LLC. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Liberty Brew LLC as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of 18.
Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
Don’t Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Liberty Brew LLC (e.g., an email address to send an email invite to a friend).
Don’t Damage the Service or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If you submit UGC that Liberty Brew LLC reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
SECTION 12 – PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions below.
A. DMCA Notice.
Liberty Brew LLC asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Liberty Brew LLC’s sole discretion, Liberty Brew LLC may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Liberty Brew LLC has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you 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;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Liberty Brew LLC will only respond to DMCA Notices that it receives by email at the addresses below:
By Email: info@libertybrewllc.com
For more information call: 1-843-279-2509
It is often difficult to determine if your copyright has been infringed. Liberty Brew LLC may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Liberty Brew LLC may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Liberty Brew LLC’s other rights, Liberty Brew LLC may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Liberty Brew LLC.
B. Counter-Notification.
If access on the Service to a work that you submitted to Liberty Brew LLC is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, email address, and the username of your Account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the Service is governed by our Privacy Policy. By using our Services you also consent to our practices as set forth in our Privacy Policy.
SECTION 14 – LIMITED LICENSE AND PROHIBITED USES
The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Liberty Brew LLC, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Liberty Brew LLC, our licensors (including licensors of UGC) or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Liberty Brew LLC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Your rights to Use the Service and Content
Your right to use the Service and Content is subject to your strict compliance with these Terms and applicable Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use:
(1) Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
(2) Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
(3) Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
(4) If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device
(5) Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Liberty Brew LLC does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Liberty Brew LLC and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Liberty Brew LLC; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
(6) If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
(7) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Liberty Brew LLC names, logos, or images (b) the links and the content on your website do not suggest any affiliation with Liberty Brew LLC or cause any other confusion, and (c) the links and the content on your website do not portray Liberty Brew LLC or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Liberty Brew LLC. Liberty Brew LLC reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
(8) Use any other functionality expressly provided by Liberty Brew LLC on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content and any applicable Additional Terms.
Prohibited Uses
In addition to other prohibitions as set forth elsewhere in the Terms of Service, you are prohibited from using the Service or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, track, or share the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to solicit or send unwanted communications; or (m) to damage the Service or anyone’s computers or other devices. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
As permitted by applicable law:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Liberty Brew LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – YOUR WARRANTIES AND INDEMNIFICATION
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Liberty Brew LLC the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Liberty Brew LLC obligation to obtain consent of any third-party and without creating any obligation or liability of Liberty Brew LLC; (b) the UGC is accurate; (c) the UGC does not and, as to Liberty Brew LLC’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
You agree to indemnify, defend and hold harmless Liberty Brew LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – DISPUTE RESOLUTION
Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to Liberty Brew LLC at 355 Spencer Lane, San Antonio, Texas, 78201 (Attention: Dispute Resolution/Chief Operations Officer), all actions or proceedings arising in connection with, touching upon or relating to any controversy, allegation, or claim arising out of or relating to the Service, the content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”), or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under
Privacy
Liberty Brew Coffee / Liberty Brew LLC
Privacy Policy
This Privacy Policy was last modified on July 19, 2011, and was first published and made effective on Sep 12, 2024. Liberty Brew LLC. (“Liberty Brew,” “we,” or “us”) knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by Liberty Brew LLC when you use the Liberty Brew Coffee Service, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use (https://Liberty Brew Coffee.com/terms).
Information We Collect
User-Provided Information: You provide us information about yourself, such as your name and e-mail address, if you register for a Member account with the Service (including by “following,” “liking,” adding the Liberty Brew Coffee (Liberty Brew LLC) application, linking your account to the Liberty Brew Coffee (Liberty Brew LLC) service, etc., on a third party website or network). When you use any Liberty Brew Coffee (Liberty Brew LLC) game at a social networking site such as Facebook, where our games are also referred to as “applications,” you also allow Liberty Brew Coffee (Liberty Brew LLC) to access certain information from your profile for that site. The information you allow Liberty Brew Coffee (Liberty Brew LLC) to access varies by game and the social networking site (SNS), and it is affects by the privacy settings you establish at the SNS. You can control and find out more about these settings at the SNS where you play our games. By playing a Liberty Brew Coffee (Liberty Brew LLC) game through an SNS, you are authorizing Liberty Brew Coffee (Liberty Brew LLC) to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the SNS could provide to Liberty Brew Coffee (Liberty Brew LLC) through the SNS Application Programming Interface ("API"). Your agreement takes place when you "accept" or "allow" (or similar terms) one of our applications on a SNS. In addition, if you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through the Service. You may provide us information in User Content you post to the Service.
Cookies Information: When you visit the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets Liberty Brew Coffee (Liberty Brew LLC) help you log in faster and enhance your navigation through the site. A cookie may also convey information about how you browse the Service to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Device Identifiers: When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store one or more "device identifiers." Device identifiers are small data files on or associated with your mobile device which uniquely identify your mobile device and are used by Liberty Brew Coffee (Liberty Brew LLC) to enhance your use of the Service. A device identifier may convey information about how you browse the Service to us. A device identifier does not collect or share any personally identifiable information about you. A device identifier may be used in conjunction with other information in a manner that may constitute personally identifiable information. A device identifier remains persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Location Data: When you utilize the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with other information in a manner that may constitute personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Liberty Brew Coffee (Liberty Brew LLC) better for our users.
Third Party Services: Liberty Brew Coffee (Liberty Brew LLC) uses third party analytics services such as Google Analytics to help understand use of the Service. Third party analytics services collect the information sent by your browser as part of a web page request, including cookies and your IP address. Third party analytics services also receive this information and their use of it is governed by their Privacy Policy.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service.
By providing Liberty Brew Coffee (Liberty Brew LLC) your email address (including by “following,” “liking,” adding the Liberty Brew Coffee (Liberty Brew LLC) application, linking your account to the Liberty Brew Coffee (Liberty Brew LLC) service, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by contacting unsubscribe@Liberty Brew Coffee.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
Following termination or deactivation of your Member account, Liberty Brew Coffee (Liberty Brew LLC) may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, Liberty Brew Coffee (Liberty Brew LLC) may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your Member account.
Liberty Brew Coffee (Liberty Brew LLC) may use certain information about you and/or your User Content internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
Liberty Brew Coffee (Liberty Brew LLC) reserves the right, but has no obligation, to monitor the User Content you post on the Service. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Use Agreement, or to protect or defend our rights or property or those of any third party. Liberty Brew Coffee (Liberty Brew LLC) also reserves the right to remove information upon the request of any third party.
We use cookies, clear gifs, device identifiers and/or log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; and (i) automatically update the Liberty Brew Coffee (Liberty Brew LLC) application on your system and related devices.
How We Share Your Information
Personally Identifiable Information: Liberty Brew Coffee (Liberty Brew LLC) will not rent or sell your personally identifiable information to others. Liberty Brew Coffee (Liberty Brew LLC) may share your personally identifiable information with third parties for the purpose of providing the Service to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of Liberty Brew Coffee (Liberty Brew LLC) (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Any personal information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.
Except as otherwise described in this Privacy Policy, Liberty Brew Coffee (Liberty Brew LLC) will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use (http://libertybrewllc.com/terms), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Liberty Brew Coffee (Liberty Brew LLC), our Users or others.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Liberty Brew Coffee (Liberty Brew LLC) services.
Liberty Brew Coffee (Liberty Brew LLC) may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on Liberty Brew Coffee (Liberty Brew LLC). They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. Liberty Brew Coffee (Liberty Brew LLC) does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Liberty Brew Coffee (Liberty Brew LLC) to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. The Liberty Brew Coffee (Liberty Brew LLC) Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.
How We Protect Your Information
Liberty Brew Coffee (Liberty Brew LLC) cares about the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Liberty Brew Coffee (Liberty Brew LLC) or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of Liberty Brew Coffee (Liberty Brew LLC)’ distributors, such as social networks. Liberty Brew Coffee (Liberty Brew LLC) is not responsible for the functionality or security measures of any third party.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your account information and for controlling access to your email communications from Liberty Brew Coffee (Liberty Brew LLC), at all times.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, Liberty Brew Coffee (Liberty Brew LLC) will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case Liberty Brew Coffee (Liberty Brew LLC) may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by contacting unsubscribe@Liberty Brew Coffee.com. You can review and correct the information about you that Liberty Brew Coffee (Liberty Brew LLC) keeps on file by contacting us directly at contact@Liberty Brew Coffee.com.
Children's Privacy
Protecting the privacy of young children is especially important. For that reason, Liberty Brew Coffee (Liberty Brew LLC) does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Members. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Liberty Brew Coffee (Liberty Brew LLC). In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@Liberty Brew Coffee.com.
Links to Other Web Sites
We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.
Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice or through conspicuous posting of such notice on the Service, as determined by Liberty Brew Coffee (Liberty Brew LLC) in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
Changes to Our Privacy Policy
Liberty Brew Coffee (Liberty Brew LLC) may update its Privacy Policy from time to time, and so you should review this Policy periodically. When we change the policy in a material way, we will update the ‘last modified’ date at the top of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at info@libertybrewllc.com.