Terms and Conditions | Sapporo Beer

TERMS AND CONDITIONS OF USE

You must be at least 21 years of age and are accessing www.sapporousa.com and www.sapporobeer.com (the "Website") from a jurisdiction where the consumption of alcohol is legal in order to enter the Website. You represent and affirm that you satisfy these conditions by accessing the Website, whether directly or through another website. Please exit the Website immediately if you do not satisfy these conditions.

By accessing the Website, whether directly or through another website, you further agree to be bound by these Terms & Conditions of Use ("TCU"). Please read the TCU before proceeding any further on the Website. Please exit the Website immediately if you do not agree to be bound by the TCU.

The TCU may be revised or amended from time-to-time. Each time you access this Website, you agree to bound by the most recent TCU then in effect, which is posted on the Website for your review.

Permitted Uses And Limitations.
The Website is owned and operated by Sapporo USA, Inc. (the "Company"). Unless otherwise stated, the content on the Website, including but not limited to any trademarks, designs, logos, text, images, audio and video materials, is the intellectual property of the Company or its affiliates (the "Intellectual Property Materials"). The Intellectual Property Materials are protected under the laws of countries throughout the world, including the United States of America, and under international treaties.

Except as the Company may otherwise expressly permit, you may not publish, distribute, transmit or otherwise use the Intellectual Property Materials in any way for any public or commercial purpose, without the prior written consent of Company. You may, however, print any Intellectual Property Materials offered on the Website if:

you require the Intellectual Property Materials solely for your personal, non-commercial purposes
your use of the Intellectual Property Materials is for lawful purposes
you do not remove from the Intellectual Property Materials any copyright or other notice asserting or identifying the rights or property of the Company or of any third parties
you do not assert any copyright or other intellectual property ownership or other interest or right over any portion of the Intellectual Property Materials
you do not use the Intellectual Property Materials to encourage, sponsor or condone alcohol-related illegal activities, including but not limited to under-age drinking and drunk driving, or the excessive consumption of alcoholic beverages

Except for the limited license to print Intellectual Property Materials from this Website for private, non-commercial purposes, you have no right to use the Intellectual Property Materials. All rights with respect to the Intellectual Property Materials remain the exclusive property of the Company or its affiliates, as the case may be.

Your Conduct As It Concerns The Website.
You agree to not engage in, and you further agree to not encourage others to engage in, any of the following in connection with the Website:

undertake or engage in any fraudulent or other unlawful activity;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, safety or dignity of others;
harvest or collect information about users of the Website;
impersonate any person or entity, including without limitation any representative of the Company;
falsely state or otherwise misrepresent your affiliation with any person or entity;
state or imply that the Company endorses any statement you make;
interfere with the operation of the Website, or the servers or networks used to make the Website available;
restrict or inhibit any other person from using the Website use the Website to advertise or offer to sell or buy any goods or services for any business purpose;
reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website;
modify, adapt, translate, reverse engineer, hack, decompile or disassemble any portion of the Website;
remove any copyright, trademark or other proprietary rights notice
frame or mirror any part of the Website;
create a database consisting of Website content;
use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather Website content or circumvent the navigational structure or presentation of the Website; or post, transmit, or otherwise make available through or in connection with the Website:
1. information or materials that are or may be, or the posting, transmission or use of which is or may be, threatening, harassing, degrading, hateful, intimidating, defamatory, libelous, fraudulent, tortious, obscene, indecent, pornographic or otherwise objectionable, protected by copyright, trademark, trade secret law; or other proprietary right;
2. material depicting or endorsing irresponsible drinking or other hazardous or illegal behaviors, such as operating a motor vehicle under the influence of alcoholic beverages;
3. any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program;
4. any program or unauthorized advertisements, promotional material or investment opportunity, or any other form of solicitation;
5. any personally identifiable information of another individual, without the prior consent of such individual; or
6. any material, non-public information about a company, without the proper authorization to do so.

You further acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, hardware, equipment, and services needed to access and use the Website and for paying all charges related thereto.

If the Company becomes aware of any information or materials posted, transmitted, or otherwise made available through or in connection with the Website that may be a violation of any law, regulation, or rights of a third party, or a violation of the TCU, the Company has the right, at its sole discretion, to remove or disable access to the respective information or materials.

Failure to comply with these rules of conduct may result in termination of your access to the Website.

Your Information.
You may be asked to supply your personal information through the Website. The decision to supply your personal information is yours. Any personal information that you submit through the Website is governed by Company's Privacy Policy (the "Privacy Policy"). The TCU incorporates by reference and in their entirety each and every of the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide through the Website is true, accurate and complete, and that you will maintain and update such information as needed in order for the information to remain true, accurate and complete.

Registration, User Names And Passwords.
From time-to-time, certain sections of this Website may be restricted to registered users. In this event, you will be required to register with the Company, at which time you may be asked to supply personal information. You also will be asked to supply a user name and email address. You may not use a user name or email address that belongs to or is already being used by another a third party. You may also not use a user name or email address that may be seen as an impersonation of a third party; that violates the intellectual property or other rights of any other person or entity; that is offensive, lewd or derogatory; or that the Company, in its sole discretion, rejects.

You are responsible for your registration, and for maintaining the confidentiality of your password. You are also responsible for all transactions and other interactions with the Website that occur in connection with your registration. Therefore, you agree not to lend or otherwise transfer your use of or access to the Website to any third party. You further agree to notify the Company immediately of any improper or unauthorized use of your password or user name or any other breach of security related to your registration. The Company is not liable for any loss or damage arising from your failure to comply with any of these obligations.

Third-Party Forums And Your Submissions To Those Forums.
The Website may offer features that enable you to post information, photographs and other materials and images publicly through third-party social forums, including but not limited to Twitter and Facebook (collectively "Forums"). All of the rules of conduct described in Section 2 herein apply to the Forums. Additionally, without the Company's express prior written consent, you may not use Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use Forums to solicit other Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

The Forums include the opinions, statements and other content of third parties. The Company is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of the Company. The Company does not endorse any such opinions, statements or materials. The Company may remove objectionable statements or other content from the Website at any time if it deems removal to be warranted. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of the Company.

The Company and its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information, materials or other statements made in the Forums (including without limitation errors or omissions in postings or links or images embedded in a Forum messages) or results obtained by using any such statements, information or materials by any person or entity other than the Company.

Neither the Company nor its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers shall be liable for any loss or damage caused by your reliance on such statements, information or materials.

When you submit or make available any information, photographs or other materials and images through the Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that those Submissions will be nonproprietary and non-confidential, may be made available to the general public, and may be used by the Company without restriction. You grant to the Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right, license, and sublicenses, without compensation to you, to use, reproduce, distribute, adapt, edit, modify, translate, create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of the TCU for any reason. The Company reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in a Forum or otherwise in the Website.

The Company may monitor, evaluate, alter, refuse to post or remove Submissions from the Website. The Company may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you become aware of any unlawful, offensive or objectionable materials on the Website (except for alleged claims of copyright infringement), please contact the Company's Secretary:

by email: info@sapporo-stonebrewing.com
by postal delivery: 303 South Broadway Suite G40, Tarrytown, NY 10591
by phone: (212) 922-9165
by fax: (212) 922-9576

Kindly supply your name, address, a description of the material and the URL or location where the material can be found.

You acknowledge and agree that Company has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.

IF YOU MAKE ANY OF YOUR PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE THROUGH OR ON THE WEBSITE, YOU ASSUME AND PROCEED EXCLUSIVELY AT YOUR OWN RISK.

Claims of Copyright Infringement And The Relief Provided Under The Digital Millennium Copyright Act (the "DMCA").
Under federal law, a copyright owner who believes in good faith that material on the Website infringes his or her copyright may send the Company a notice requesting that it remove the material or block access to it. Similarly, the DMCA provides that anyone who believes in good faith that a notice of copyright infringement has been wrongly filed against him or her, a counter-notice may be sent.

If you believe in good faith that materials available on the Website infringe your copyright, or if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send a notice or counter-notice (as the case may be), personally or through a designated representative, to the Company's Secretary:

by email: info@sapporo-stonebrewing.com
by postal delivery: 303 South Broadway Suite G40, Tarrytown, NY 10591
by phone: (212) 922-9165
by fax: (212) 922-9576

Linking.
Except as otherwise expressly stated by the Company on the Website, the Company is not affiliated or associated with operators of third party websites that link to or are linked from the Website. The Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Website. The Company does not endorse any of the products or services made available through any third party sites. The Company makes no representations or warranties as to the security of any information (including without limitation credit card or other payment card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS STRICTLY AT YOUR OWN RISK.

The Company shall have the right, at any time and at its sole discretion, to block links to the Website through technological or other means without prior notice.

If you wish to link your website to our own, please click to this Linking Policy.

Sweepstakes, Contests, Drawings And Other Promotions.
From time to time, the Company may conduct or sponsor a sweepstakes, contest, prize drawing or other promotion through the Website, including on a Forum. Such a promotion may be governed by specific rules that are independent from the TCU. By participating in a sweepstakes, contest, prize drawing or other promotion, you agree to become subject to the rules specifically applicable to such activity, which may vary from or conflict with the TCU. In the event of a conflict with the TCU, the terms, conditions and rules of the sweepstakes, contest, prize drawing or other promotion shall control.

The Company's Limitations Of Liability And Disclaimers.
THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY, ITS AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (STATUTORY, IMPLIED AND OTHERWISE) WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH IT, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. YOU FURTHER AGREE THAT YOU MUST DETERMINE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH ANY AND ALL USES OF THE WEBSITE BY YOU.

THE COMPANY, ITS AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL NOT BE AND ARE NOT LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, FORUMS OR SERVICES AND YOUR USE THEREOF, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES; AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, FORUMS OR SERVICES OR FROM ANY INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, FORUMS OR THE SERVICES IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY FOR THE COMPANY, ITS AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF LEGAL CURRENCY PAID BY YOU TO THE COMPANY, IF ANY, TO ACCESS AND USE THE WEBSITE OR SERVICES.

The Company does not guarantee that the Website will be secure or that any use of the Website will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alterations to the Website, please contact the Company's Secretary:

by email: info@sapporo-stonebrewing.com
by postal delivery: 303 South Broadway Suite G40, Tarrytown, NY 10591
by phone: (212) 922-9165
by fax: (212) 922-9576

Kindly supply your name, address, a description of the material and the URL or location where the material can be found.

Your Indemnification Of The Company.
You agree to indemnify, defend and hold the Company fully harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from, related to or in connection with: (a) your use or attempted use of, or activities in connection with, the Website or Forums; (b) any violation by you of the TCU or any other applicable terms, conditions or policies through any account you may have with any website; (c) any allegation that any Submission or other material that you make available through the Website infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Website visitor, user, or customer, or any other third party.

You further agree to reimburse the Company for any damages, losses, costs, judgments, fees, fines and other expenses it incurs (including attorneys' fees and court costs) as a result of any asserted claim.

Termination And Enforcement Of The Agreement.
You agree that the Company, at its sole discretion, may terminate your access to or use of the Website at any time, for any reason, including without limitation if the Company believes that you have violated or acted inconsistently with any portion of the TCU. You further agree that any termination of your access to or use of the Website may be made without prior notice and that Company may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to the information or files. You also agree that Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files and that the Company shall not be required to make such information or files available to you after any such termination. The Company reserves the right to take steps that it deems necessary or appropriate to enforce and/or verify compliance with the TCU. Upon termination, your right to use the Website will immediately cease. Sections 5, 9, 10, 11, 12 and 13 shall survive the termination or expiration of any TCU.

Governing Law.
The TCU shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws principles. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or in connection with the use of this Website or the TCU must be filed within one (1) year after such claim or cause of action arose.

The Miscellaneous Terms.
If any provision of the TCU shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TCU and shall not affect the validity and enforceability of any remaining provision. The TCU does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company.

You may not assign, transfer or sublicense any or all of your rights or obligations under these TCU without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title or clustering of information herein is as a matter of convenience, and in no way defines or explains any section or provision hereof.

The TCU, together with all agreements and statements referred to herein and incorporated by reference, is the entire agreement between you and the Company relating to the subject matter hereof and, except as otherwise provided, supersedes any and all prior or contemporaneous agreements (written or oral) or understandings between you and the Company relating to such subject matter.

Notices to you may be made by posting a notice (or a link to a notice) on the Website, by email, or by postal mail, at the Company's discretion. Without limitation, you agree that a printed version of the TCU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contacting Us.
If you have any questions regarding the Website or the TCU, please contact the Company's Secretary:

by email: info@sapporo-stonebrewing.com by postal delivery: 303 South Broadway Suite G40, Tarrytown, NY 10591
by phone: (212) 922-9165
by fax: (212) 922-9576