Terms and Conditions
Welcome to the Rooney’s Beer Company website (the “Web site” or the “site”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By “site” we mean the website available at the URL www.rooneysbeer.com, as updated and changed from time to time. By “content” we mean text, videos, pictures, sounds, images, programs, and other material and information available or used on the site.
Terms and Conditions of Your Use of This Web Site
1. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE.
3. You acknowledge and agree that you are of legal drinking age. If you are an under-aged person, you are not allowed to access or use this Web site, including accessing advertising or marketing information on the site. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of Rooney’s Beer Company, LLC products or merchandise or to participate in any of our promotions or other offers on this Web site or otherwise.
4. This Web site has been designed to comply with United States law. Rooney’s Beer Company, LLC does not represent that the content of this Web site is appropriate for locations outside the United States. If you access this Web site from locations outside the United States, you are responsible for complying with all applicable local laws.
5. The copyrights to all contents of this Web site are proprietary to Rooney’s Beer Company, LLC or its third party licensors, and you may not reproduce, post on any other Web site, modify, distribute or transmit any portion of this site without the express written consent of Rooney’s Beer Company, LLC. Any name, logo, trademark or service mark contained on this Web site is owned or licensed by Rooney’s Beer Company, LLC and may not be used by you without the prior written consent of Rooney’s Beer Company, LLC. You may access this Web site for your individual noncommercial use only. Any unauthorized use of the content of this Web site may subject you to civil or criminal penalties.
6. Although Rooney’s Beer Company. LLC makes all reasonable efforts to ensure that the content of the Web site is updated and correct, Rooney’s Beer Company, LLC makes no warranties as to its accuracy. ALL MATERIALS ON THE WEB 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, NON-INFRINGEMENT, FREEDOM FROM ERROR, NON-INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, MALWARE, OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. IN NO EVENT SHALL ROONEY’S BEER COMPANY, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY INFORMATION PROVIDED ON THIS WEB SITE) EVEN IF ROONEY’S BEER COMPANY, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY. 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. IN SUCH STATES JURISDICTIONS, ROONEY’S BEER COMPANY, LLC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. You agree to indemnify and hold Rooney’s Beer Company, LLC and its officers and employees, harmless from each claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.
9. Any material or communication transmitted by you to this Web site will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to Rooney’s Beer Company, LLC may be used by Rooney’s Beer Company, LLC in any manner, including reproduction, transmission, publication or broadcast without compensation.
10. You may not post or transmit to this Web site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material. Notwithstanding the fact that Rooney’s Beer Company, LLC or other parties are involved in creating, producing or delivering this Web site may monitor or review transmissions, postings, or discussions, Rooney’s Beer Company, LLC assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
11. You may not collect user information via automated means or transmit, email, post or otherwise use any form of software or materials that include any virus, worm, Trojan, malware, bot or other program, data, file or code intended, adapted or designed to interrupt, destroy or limit the functionality of any software, hardware, or site of any person including Rooney’s Beer Company, LLC, its users, and third parties.
12. You may not disseminate any unauthorized or unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes, or the like.
13. You may not share your password, attempt to gain unauthorized access to the site, or otherwise violate any security or privacy protection used by the site, or reverse engineer or change the site, or use the site in any manner that is unlawful or intended to disable, overload, or impair the site.
14. You may not upload, download, publish, disseminate, link to or post any content that infringes any intellectual property right (including patent, trademark or copyright), publicity right, or privacy right of any person or entity.
15. The site may provide posting or messaging or blogging functionality. Such functionality is intended to provide the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type (a "Posting") to the site, or by otherwise using the functionality to transmit or display a Posting, you automatically become a licensor to Rooney’s Beer Company, LLC and grant Rooney’s Beer Company, LLC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide for any purpose, and/or to incorporate it into other works in any form, media, or technology now known or later developed. You also acknowledge that such submissions are non-confidential for all purposes.
16. You may not use the site to do anything unlawful, misleading, malicious or discriminatory.
17. Although this Web site may be linked to other Web sites, Rooney’s Beer Company, LLC does not endorse, approve, certify or sponsor the linked site unless specifically stated therein. Rooney’s Beer Company, LLC is not the owner of, does not control and is not responsible for any content of any Web site linked to this Web site. Your linking to other Web sites is at your own risk. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party websites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, Rooney’s Beer Company, LLC cautions you to make certain you understand these risks and any applicable policies of third party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.
18. You must obtain Rooney’s Beer Company, LLC permission to link this Web site to your Web site. Rooney’s Beer Company, LLC will only authorize links to sites when the majority of the actual audience of the site is 21 years of age or older.
20. You agree that any litigation between you and Rooney’s Beer Company. LLC arising from or pertaining to the use of this website, any advertising associated with the website or any link accessible from or providing access to this website shall be governed by Florida law and that exclusive jurisdiction resides in the courts of the State of Florida.
21. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Rooney’s Beer Company, LLC has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
22. You acknowledge and agree that Rooney’s Beer Company, LLC reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information and materials contained on this Web site. You further acknowledge and agree that by entering this Web site you will be bound by any such revisions to the Web site and that Rooney’s Beer Company, LLC has encouraged you to periodically visit the Web site and this page to review these terms and conditions.
23. This agreement and the privacy statement constitute the entire agreement between you and Rooney’s Beer Company, LLC with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rooney’s Beer Company, LLC with respect to this site. No modification of this agreement shall be effective unless it is authored by Rooney’s Beer Company, LLC. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Rooney’s Beer Company, LLC in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Rooney’s Beer Company, LLC in printed form.
Rooney’s Beer Company, LLC Copyright Policy
Rooney’s Beer Company, LLC respects the intellectual property rights of others, and we ask our users to do the same. Rooney’s Beer Company, LLC 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 work has been copied, framed or otherwise used on this Web site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Copyright Agent for Rooney’s Beer Company, LLC for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of the material that you claim infringes on the intellectual property and the location of such material;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The Copyright Agent for Rooney’s Beer Company, LLC can be reached as follows:
Rooney’s Beer Company, LLC
Attn: Copyright Agent
1400 Centrepark Blvd.
West Palm Beach, FL 33401
If Rooney’s Beer Company, LLC receives such a notification, Rooney’s Beer Company, LLC reserves the right to remove or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Rooney’s Beer Company, LLC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Rooney’s Beer Company, LLC will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Rooney’s Beer Company, LLC with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
1. The user's electronic or physical signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which Rooney’s Beer Company, LLC may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter-notification under the DMCA, Rooney’s Beer Company, LLC will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Rooney’s Beer Company, LLC will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless the designated Copyright Agent for Rooney’s Beer Company, LLC first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Web site or Rooney’s Beer Company, LLC server.