Terms and Conditions of Use
Last Modified and Effective Date: May 22, 2018
This “Site” (as defined below) is owned and operated by Molson Coors Brewing Company and its subsidiaries and affiliates (“Molson Coors”, “us” or “we”). These Terms & Conditions of Use (the “Terms & Conditions”) set forth the legal terms and conditions governing Molson Coors Sites and online advertisements. “Sites” includes Molson Coors websites, social media pages that we control, promotional sites, widgets and mobile sites and applications, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control).
By using this Site, you understand and agree to be bound by these Terms & Conditions and recognize that you may be waiving certain rights. Your continued use of the Site is subject to your continued compliance with these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, do not use this Site.
PRIVACY STATEMENT; MARKETING COMMUNICATIONS
SITE IS INTENDED FOR LEGAL DRINKING AGE CONSUMERS ONLY
- You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not allowed to access or use this Site, including accessing advertising or marketing information on the Site.
- If you are of legal drinking age, you acknowledge and agree that you will not forward the Site or share Content (as defined in Section 6A below) from this Site with underage persons.
- You must be of legal drinking age to purchase or consume any Molson Coors alcohol beverage products or to participate in any of our promotions/offers on this Site or otherwise.
APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES
- Molson Coors products and services are available throughout the world. Certain Sites (including particular brand and business unit sites) may describe products and services that are only available in certain jurisdictions.
- Molson Coors Sites are governed by the laws applicable in the respective jurisdictions where we operate.
UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS
- You acknowledge and agree that Molson Coors reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time (or restrict or terminate access), without notice or obligation, to any of the information and Content contained on this Site.
- You acknowledge and agree that by accessing or using this Site you will be bound by any such revisions to the Site and that Molson Coors has encouraged you to periodically visit the Site and this page to review these Terms & Conditions.
LICENSE TO USE THE SITE
- Molson Coors grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display the Site and the Content for your personal use only, provided that you comply fully with these Terms & Conditions.
- You shall not interfere (or permit the use of your user name and account by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms & Conditions or by law.
- You agree not to use the Site for any fraudulent purpose.
- You may not systematically download and/or store Content or engage in any data mining efforts.
- You may not use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- You agree to report any violation of these Terms & Conditions by others that you become aware of. You are advised that Molson Coors will aggressively enforce its rights to the fullest extent of the law.
INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
- Any and all rights in the Site and the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, guides as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of Molson Coors or the third party from which the Content was licensed.
- In certain jurisdictions, Molson Coors licenses and distributes a particular brand and all associated trademarks from a third party. In these cases, any and all rights in the third party intellectual property shall remain the exclusive property of the third party, and all rights shall inure to its benefit. In certain cases, Sites and online services may contain various third-party names, trademarks, and service marks that are the property of their respective owners.
- All Sites and associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
- Except as expressly permitted in writing by Molson Coors in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose.
- Any use of the Content other than as permitted by these Terms & Conditions will violate these Terms & Conditions and may infringe upon our rights or the rights of the third party that owns the affected Content. Nothing contained in these Terms & Conditions or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Molson Coors or such third party that may own the Content or intellectual property displayed on the Site. Any unauthorized use of the Content of this Site may subject you to civil or criminal penalties.
USER GENERATED CONTENT; ACCEPTABLE CONTENT
- Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “Submission”) posted or communicated to Molson Coors. You understand that by submitting to us, you grant us, or the third party from which the Content is licensed, a perpetual irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform these Submissions, including but not limited for commercial use, without any consent/approval, notice and attribution, or compensation to you.
- You may not post or transmit to this Site any Submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted.
- You may not post or transmit to this Site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material.
- You agree that Submissions do not incorporate, encourage, or condone:
- Criminal activity or give rise to civil liability;
- Any form of violence, hatred or harassment;
- Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc.
- You agree that Submissions do not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by Molson Coors;
- You agree that Submissions do not depict, promote, or encourage:
- Irresponsible consumption of alcohol;
- Consumption of alcohol by anyone under the legal drinking age.
- Engaging in any skilled or dangerous activity while consuming alcohol.
- Any material or communication transmitted by you to this Site will not be treated as confidential.
INFRINGEMENT NOTICES; DIGITAL MILLENIUM COPYRIGHT ACT
Molson Coors respects the intellectual property rights of others, and we ask our users to do the same. Molson Coors may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others. If you believe that your intellectual property rights have been violated, please provide the Copyright Agent for Molson Coors the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the work or other intellectual property that you claim has been infringed;
- A description of the material that you claim infringes on the intellectual property and the location of such material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the identified use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner's behalf.
Attn: Copyright Agent, Legal
250 S. Wacker Drive
Chicago, IL 60606
In the United States, Molson Coors will respond to allegations of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work is infringed by Content appearing on the online services, please provide a written DMCA notice to Molson Coors with the above information.
- Molson Coors does not accept unsolicited ideas or concepts. We are unable to review any ideas or concepts that arise outside of the Molson Coors business. You and your heirs and assigns expressly waive any and all claims, now or in the future, in connection with any product, design, or concept similar to your submission, including if you send any unsolicited ideas or concepts to us.
- Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content on the Site (“Account Information”). Examples of Account Information include but are not limited to user name, address and contact information, and profile picture. The decision to provide this Account Information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Site.
- You agree that you will not provide any false information to the Site, or create an account for anyone other than yourself without permission.
- You shall not create more than one personal profile. Molson Coors reserves the right to remove or reclaim any Account Information from a Site in our sole discretion, and further reserves the right, with or without notice, terminate your password and membership to such Site or to all Molson Coors Sites, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
- If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your account so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your account.
- You understand and agree that Molson Coors shall not have any liability to you or any other person for any termination of your access to the Sites or the removal of Account Information concerning your account. Molson Coors will determine your compliance with these Terms & Conditions in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms & Conditions may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms & Conditions shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Molson Coors.
LINKING; THIRD PARTY SITES AND CONTENT
- You must obtain Molson Coors permission to link to this Site. Molson Coors will only authorize links to Sites when the majority of the actual audience of the third party site is of legal drinking age in the applicable jurisdiction.
- The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, designs, sound, video, music, information, software applications, plug-ins, and other Content originating from third parties (collectively, “Third Party Content”). Molson Coors is not the owner of, does not control, does not monitor, and is not responsible for any Content or performance of any Third Party Content linked to or referenced on our Site.
- Although this Site may be linked to other sites, Molson Coors does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site.
- In some cases, we may use a third-party service to process purchases and entries made through the Sites, including but not limited to reservation sites, eCommerce/online retail shop sites, and promotional websites. In these cases, your transaction will be subject to the third party’s policies. We have no control over, and are not responsible for, third party’s actions or sites.
- If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
- YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. WE BEAR NO RESPONSIBILITY FOR ANY ISSUES THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY CONTENT.
LIMITATION OF LIABILITY AND DISCLAIMER
- Although Molson Coors makes all reasonable efforts to ensure that the Content of the Site is updated and correct, Molson Coors makes no warranties as to its accuracy.
- The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons.
- Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications.
- Molson Coors is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site.
ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL MOLSON COORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Denver, Colorado; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- These Terms & Conditions constitute the entire Terms & Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral Terms & Conditions between the parties with respect to the subject matter hereof.
- These Terms & Conditions may not be amended, nor any obligation waived, without Molson Coors written authorization. Any failure to enforce any provision of these Terms & Conditions shall not constitute a waiver thereof or of any other provision thereof.
- If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.