Terms and Conditions
- DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” “The Creek,” or “Neshaminy Creek” refer to Neshaminy Creek Brewing Co., a Pennsylvania corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Neshaminy Creek Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Neshaminy Creek or its users, such as data providers who license data to Neshaminy Creek for use on the Site.
When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Neshaminy Creek immediately on any unauthorized use of your account, user name, or password. Neshaminy Creek shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Neshaminy Creek, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- USER CONTENT. You grant Neshaminy Creek a license to use the materials you post to the Site. Any and all User Content posted to the Site may first be reviewed and approved by Neshaminy Creek, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Neshaminy Creek, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Neshaminy Creek, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Neshaminy Creek may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
- INTELLECTUAL PROPERTY OWNERSHIP. All Neshaminy Creek Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Neshaminy Creek and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Neshaminy Creek and protected by U.S. and international copyright laws. All software used on this site is the property of Neshaminy Creek or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Neshaminy Creek or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Neshaminy Creek name or trademarks without the express written consent of Neshaminy Creek. You may not use any direct linking or source-calling of any media presented on this website.
- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Neshaminy Creek has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Neshaminy Creek’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Neshaminy Creek to delete, edit, or disable the material in question, you must provide Neshaminy Creek with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Neshaminy Creek to locate the material; (d) information reasonably sufficient to permit Neshaminy Creek to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Neshaminy Creek at firstname.lastname@example.org.
- PROHIBITED USES. Neshaminy Creek imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Neshaminy Creek in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
- RETURN POLICY. We want you to be completely satisfied with your purchase of Neshaminy Creek merchandise on www.neshaminycreekbrewing.com. We will gladly replace, exchange, or return any damaged, defective or unused item, provided the following conditions are met: (a) The product has not performed within reasonable expectations. An exchange or refund will not be given for products that have been used or products that have been damaged as the result of customer misuse or neglect. (b) Please enclose the sales receipt and return information. (c) We are not able to return or exchange any food or personal care items unless they are damaged or defective upon receipt.
- NO WARRANTIES. NESHAMINY CREEK HEREBY DISCLAIMS ALL WARRANTIES. NESHAMINY CREEK IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESHAMINY CREEK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NESHAMINY CREEK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. NESHAMINY CREEK’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NESHAMINY CREEK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY NESHAMINY CREEK. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Neshaminy Creek also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
- COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Neshaminy Creek Brewing Co. All rights reserved.
- LIMITATIONS ON EXCLUSIONS FROM LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO ANY SUCH EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. By way of example, and not of exhaustive list of jurisdictions, any such exclusions of liability contained herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, we shall not be liable for any damages resulting from the use of this Site or Services unless such damages are the result of our negligent or reckless acts or omissions or as damages may otherwise be allowed pursuant to New Jersey law.