Your Agreement with Homebrew Headquarters:
Welcome to Homebrew Headquarters webs site. Following
are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE
A LEGAL AGREEMENT BETWEEN YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS,
AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY
"YOU"), AND HOMEBREW HEADQUARTERS ("HOMEBREW HEADQUARTERS"
"WE" OR "OUR"). PLEASE READ THIS AGREEMENT
("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO
USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON
THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS
AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE
DISCONTINUE USING THIS SITE.
In consideration of Your use of the Website,
You agree to: (a) provide accurate, current, and complete information
about You as may be prompted by a registration form on the Website
(the "Registration Data"); (b) maintain the security
of your password and identification; (c) maintain and promptly
update the Registration Data, and any information You provide
to Homebrew Headquarters, to keep it accurate, current and complete;
and (d) accept all risks of unauthorized access to information
and Registration Data. You have sole responsibility for adequate
protection and backup of data and/or equipment used in connection
with the Website.
You agree that You will not use the Website to:
(a) transmit spam, bulk or unsolicited communications; (b) pretend
to be Homebrew Headquarters or someone else, or spoof Homebrew
Headquarter's or someone else's identity; (c) forge headers or
otherwise manipulate identifiers (including URLs) in order to
disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity; (e)
disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users' ability to use the Website;
(f) engage in activities that would violate any fiduciary relationship,
any applicable local, state, national or international law, or
any regulations having the force of law, including but not limited
to attempting to compromise the security of any networked account
or site, operating an illegal lottery or gambling operation, stalking,
or making threats of harm; or (g) collect or store personal data
about other users unless specifically authorized by such users.
You agree to indemnify Homebrew Headquarters,
its affiliates, employees, suppliers, other partners, representatives
and licensors against any losses, expenses, costs or damages,
including reasonable attorneys' fees incurred by any or all of
them as a result of your breach of the terms of this Agreement
or your unauthorized use of the Content and related rights.
Homebrew Headquarters may provide notice to You
via email, regular mail, or posting notices or links to notices
on the Website. Homebrew Headquarters reserves the right at any
time to modify, suspend or terminate the Services (or any part
thereof), and/or Your use of or access to them, with or without
notice. Homebrew Headquarters may also delete, or bar access to
or use of, all related Information and files. Homebrew Headquarters
will not be liable to You or any third-party for any modification,
suspension, or termination of the Services, or loss of related
information. Homebrew Headquarters may amend these Terms at any
time by posting the amended terms on this Website.
This website is owned and operated by Homebrew
Headquarters. All of the content featured or displayed on this
website, including, but not limited to, text, graphics, photographs
images, moving images, sound, illustrations and software ("Content"),
is owned by Homebrew Headquarters, its licensors and its content
All elements of Homebrew Headquarters websites,
including, but not limited to, the general design and the Content,
are protected by trade dress, copyright, moral rights, trademark
and other laws relating to intellectual property rights. Except
as explicitly permitted under this or another agreement with Homebrew
Headquarters, no portion or element of this website or its Content
may be copied or retransmitted via any means and this website,
its Content and all related rights shall remain the exclusive
property of Homebrew Headquarters, its parent company or its licensors
unless otherwise expressly agreed.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON
AN "AS IS" "AS AVAILABLE" AND "WITH ALL
FAULTS" BASIS. HOMEBREW HEADQUARTERS EXCLUDES TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HOMEBREW
HEADQUARTERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE
FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE
NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HOMEBREW
HEADQUARTERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
HOMEBREW HEADQUARTERS MAKES NO WARRANTY OR REPRESENTATION
THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF
ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
Except as specifically stated in these Terms
and Conditions of Use or elsewhere on this website, or as otherwise
required by applicable law, neither Homebrew Headquarters nor
its directors, employees, licensors, content providers, affiliates
or other representatives will be liable for damages of any kind
(including, without limitation, lost profits, direct, indirect,
compensatory, consequential, exemplary, special, incidental, or
punitive damages) arising out of your use of, your inability to
use, or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages.
This Agreement shall be interpreted, construed
and governed by the laws of the State of Texas, USA, without reference
to its laws relating to conflicts of law and not including the
provisions of the 1980 United Nations Convention on Contracts
for the International Sale of Goods. Venue for all disputes arising
under this Agreement shall lie exclusively in the Superior Courts
of the State of Texas in Dallas County or the Federal District
Courts (as permitted by law) and each party agrees not to contest
the personal jurisdiction of these courts. Notwithstanding the
foregoing, however, Homebrew Headquarters shall have the right
to commence and prosecute any legal or equitable action or proceeding
before any non-US court of competent jurisdiction to obtain injunctive
or other relief in the event that, in the opinion of Homebrew
Headquarters, such action is necessary or desirable.
No action of Homebrew Headquarters, other than
an express written waiver or amendment, may be construed as a
waiver or amendment of any of these Terms and Conditions of Use.
Should any clause of these Terms and Conditions of Use be found
unenforceable, wherever possible this will not affect any other
clause and each will remain in full force and effect.
We reserve the right to change these Terms and
Conditions of Use prices, information and available contractual
license terms featured on this website without notice. These conditions
set out the entire agreement between Homebrew Headquarters and
you relating to your use of this website.
© Copyright 2003 Homebrew Headquarters. All rights
reserved. Terms and Conditions of Use.