Privacy Policy(Required) I agree to the Privacy Policy.
PourMeABeer Privacy Policy
Last modified: September 6th, 2023
Introduction
PourMeABeer, LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website http://www.pourmeabeer.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 16
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: compliance@pourmeabeer.com
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and web beacons.
From third parties, for example, our business partners.
Information You Provide to Us.
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or requesting further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PourMeABeer, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PourMeABeer, LLC about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have consented to these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PourMeABeer, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by checking the relevant box located on the form on which we collect your data (the order/registration form). You can also always opt out by logging into the Website and adjusting your user preferences in your account profile, by checking or unchecking the relevant boxes or by sending us an email stating your request to compliance@pourmeabeer.com.
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the order/registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to compliance@pourmeabeer.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by checking the relevant box located on the form on which we collect your data (the order/registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to compliance@pourmeabeer.com.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: compliance@pourmeabeer.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at compliance@pourmeabeer.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
compliance@pourmeabeer.com.
Vendor Licensing Agreement(Required) I agree to the Vendor Licensing Agreement.
LICENSE AGREEMENT
This License Agreement (this "Agreement") for PourMeABeer is a binding contract between you ("User," "you," or "your") and PourMeABeer, LLC (“we”, “PourMeABeer”).
This Agreement takes effect when submit your logo and any related materials (collectively the “Licensed Materials”) to PourMeABeer (the "Effective Date"). By using the PourMeABeer website you (a) acknowledge that you have read and understand this agreement; (b) represent and warrant that you have the right, power, and authority to enter into this agreement and, if entering into this agreement for an organization, that you have the legal authority to bind that organization; and (c) accept this agreement and agree that you are legally bound by its terms. You agree that the agreement is like any written negotiated agreement signed by you. By executing this Agreement, you agree to be bound by the agreement and accept all of the provisions of this Agreement.
License.
Grant. Subject to this Agreement's terms and conditions, you hereby grant to PourMeABeer during the Term (as defined below) a non-exclusive, worldwide, sublicensable (in accordance with (b) below), license to use the Licensed Materials in connection with the manufacture, promotion, advertising, distribution, and sale of merchandise and related goods ("Licensed Products").
Sublicensing. PourMeABeer may grant sublicenses under the license granted in Section 1(a) to (i) any wholly-owned subsidiary of PourMeABeer; and (ii) manufacturers, distributors, and other contractors solely for the purpose of providing services to PourMeABeer or otherwise acting on PourMeABeer's behalf. All sublicenses must: (A) subject to and consistent with the applicable terms and conditions of this Agreement; (B) prohibit further sublicensing or assignment to a third party; and (C) terminate automatically effective as of the termination of this Agreement under Section 9(b) or, in the case of a wholly-owned subsidiary, the date the sublicensee ceases to be a wholly-owned subsidiary of PourMeABeer. PourMeABeer shall ensure that each sublicensee complies with the applicable terms and conditions of this Agreement. Any act or omission of a sublicensee that would be a material breach of this Agreement if performed by PourMeABeer will be deemed to be a material breach by PourMeABeer.
Use of the Licensed Materials. PourMeABeer shall ensure that all Licensed Products and all uses by PourMeABeer and its sublicensees of the Licensed Materials, including in all advertising, marketing, and promotional materials used in connection with the Licensed Products, comply with guidelines provided by You.
Ownership and Protection of the Licensed Materials. PourMeABeer acknowledges and agrees that, as between the Parties, (i) you own and will retain all right, title, and interest in and to the Licensed Materials; and (ii) all use by PourMeABeer or any sublicensee of the Licensed Materials under this Agreement, and all goodwill accruing therefrom, will inure solely to your benefit.
Representations and Warranties.
Mutual Representations. Each Party represents and warrants to the other Party that, as of the Effective Date: (i) it is duly organized, validly existing, and in good standing under the laws of the state or jurisdiction of its organization; (ii) it has the full right, power, and authority to enter into and perform its obligations under this Agreement; (iii) the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary [corporate/organizational] action of such Party; and (iv) when executed and delivered by such Party, this Agreement will constitute the legal, valid, and binding obligation of that Party, enforceable against that Party in accordance with its terms.
Your Representations. You represent and warrant that: (i) you are the sole and exclusive owner of all right, title, and interest in and to the Licensed Materials in connection with the Licensed Products; and (ii) PourMeABeer's exercise of the rights and license granted under this Agreement will not infringe or otherwise conflict with any third party's rights.
Indemnification. You shall indemnify, defend, and hold harmless PourMeABeer and PourMeABeer's affiliates, officers, directors, employees, agents, successors, and assigns (each, a "PourMeABeer Indemnified Party") against all losses, liabilities, claims, damages, actions, fines, penalties, expenses, or costs (including court costs and reasonable attorneys' fees) ("Losses") arising out of or in connection with any third-party claim, suit, action, or proceeding ("Third-Party Claim") relating to any infringement, dilution, or other violation of any third-party trademark rights relating to the use of any Licensed Materials by PourMeABeer or any sublicensee in accordance with this Agreement.
Limitation of Liability. EXCEPT FOR A PARTY'S LIABILITY FOR INDEMNIFICATION UNDER 5 OR BREACH OF CONFIDENTIALITY UNDER Error! Reference source not found., NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES RELATING TO THIS AGREEMENT OR USE OF THE LICENSED MATERIALS HEREUNDER, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination.
Term. This Agreement is effective as of the Effective Date and will continue in effect until terminated in accordance with Section 9(b) (the "Term").
Termination.
PourMeABeer may terminate this Agreement at any time without cause, and without incurring any additional obligation, liability, or penalty, by providing at least fifteen days' prior written notice to you.
Either Party may terminate this Agreement on written notice to the other Party if the other Party materially breaches this Agreement and fails to cure such breach within thirty days after receiving written notice of such breach from the non-breaching Party.
Effect of Termination. Upon the expiration or termination of this Agreement or any Sell-Off Period expressly permitted under Section 9(d): (i) all rights and licenses granted under this Agreement and all sublicenses granted by PourMeABeer will automatically and immediately terminate; (ii) PourMeABeer shall immediately cease all use of the Licensed Materials. Expiration or termination of this Agreement will not relieve the Parties of any obligations accruing before the effective date of expiration or termination. The parties' rights and obligations set forth in Section 3(a) (Acknowledgment), 4 (Representations and Warranties), 5 (Indemnification), 6 (Limitation of Liability), Section 9(c) (Effect of Termination), Section 9(d) (Sell-Off Period), and 9 (General Provisions), and any right, obligation, or required performance of the Parties under this Agreement that, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration.
Sell-Off Period. For a period of sixty days after the date of termination of this Agreement (other than termination by you pursuant to Section 7(b)(ii)) ("Sell-Off Period"), PourMeABeer and its sublicensees will have the right to sell any Licensed Products in its or their inventory or in the process of manufacture as of the date of termination, in each case, in accordance with this Agreement's terms and conditions.
Assignment. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to principles of conflicts of laws and all claims and actions related hereto shall be brought in the appropriate state or federal court located in Austin, Texas. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Agreement.
Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent by certified or overnight mail to PourMeABeer, LLC15107 Casbah Dr., Pflugerville, TX 78660. Notwithstanding the foregoing, you hereby consent to receiving communications from us and our affiliates. These communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Platform. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of our obligations hereunder.