ANHEUSER-BUSCH MOBILE APPLICATION U.S. TERMS AND CONDITIONS
Date of Last Revision: August 24, 2017
Contents of Terms and Conditions:
BY DOWNLOADING, ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO ANHEUSER-BUSCH THROUGH THE APPLICATION, OR OTHERWISE USING THIS APPLICATION, 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, THEN ANHEUSER-BUSCH DOES NOT GRANT YOU A LICENSE TO ACCESS AND USE THIS APPLICATION.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on the Application, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Application, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Application (the "Content") are owned by Anheuser-Busch or used with permission or under license from a third party licensee (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 the Owner of the Content. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Application, are registered and/or common law trade names, trademarks or service marks of Anheuser-Busch or the Owner.
Limited Use; Restrictions on Use
Anheuser-Busch grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Application and 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 Application or Content or commercially exploit the Application or Content, in whole or in part, in any way, and (d) use the Application, 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 in the Application shall be construed as conferring any license under Anheuser-Busch’s and/or the Owner’s intellectual property rights, whether by estoppel, implication or otherwise. You shall not engage in activity that compromises the Application. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing. Notwithstanding anything herein to the contrary, Anheuser-Busch may revoke any of the foregoing rights and/or your access to the Application, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Social Media Applications and Third Party Links
Under no circumstances are you authorized to make any claim regarding Anheuser-Busch or any of its products on any Social Media Applications 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 Applications IN VIOLATION OF THE FOREGOING, YOU, AND NOT Anheuser-Busch, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.
Community Forum Guidelines
The Application 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 Applications, the "Community Forums").
If the Application includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
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 the Application, you: (a) desire Anheuser-Busch to store any comments, images, or other content that you submit ("Submissions") on our servers and systems, and (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. In addition, since information in the Community Forum is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions. 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 Application, or which may expose Anheuser-Busch or its affiliates or its users to any harm or liability of any type.
Even if the Application includes features and functionality that permit you to upload certain Submissions, the Application 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
Anheuser-Busch does not make any warranties that the Application will be uninterrupted, secure or error free, or that the Application, Content, or any portion thereof, is correct, accurate, or reliable. Anheuser-Busch reserves the right to change any part of the Application at anytime without notice.
Limitation of Liability
YOU ACKNOWLEDGE THAT Your use of the Application 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 Application or arising out of any action taken in response to or as a result of any Content or other information available on the Application, 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.
You hereby waive any and all claims against Anheuser-Busch and its affiliates, agents, representatives and licensors arising out of your use of the Application. Because some states do not allow the exclusion or limitation of certain types of damages, these provisions may not apply to you. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Application 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.
You agree to indemnify Anheuser-Busch and its affiliates, employees, agents, representatives and third party service providers and you agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Application. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Application, or breach the terms of this Agreement.
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;
· Information 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: firstname.lastname@example.org. 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 Application. 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.
Thank you for using the Application.
Copyright 2012-2017: Anheuser-Busch, One Busch Place, St. Louis, MO 63118