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TheBeerSpot API Terms of Service

Thank you for using TheBeerSpot API! By using TheBeerSpot API (the "Service"), you ("You") accept and agree to be bound by TheBeerSpot, LLC Terms of Service, the Terms of Service for TheBeerSpot, LLC as well as these additional terms and conditions (the "Terms of Service"). It is important for You to read this document, as it forms a legal agreement between You and TheBeerSpot, LLC regarding your use of the Service.

1. Service.

1.1 Description of Service. The API allows You to display certain content on your website, subject to the limitations and conditions described below. The information accessible through the Service, not limited to geographic, address information and links to photographic imagery, is referred to in this document as "the Content."

Subject to the limitations and conditions described in the terms of service, You may use the API to display the Content in conjunction with other information You provide to end users. You may not access, reproduce, or use the Content for any other purpose.

In order to use the API, You must sign up for an account at TheBeerSpot.com and provide a URL for Your website or application. After agreeing to the Terms of Service, You will be issued an alphanumeric key assigned to You by TheBeerSpot.com that is uniquely associated with your TheBeerSpot.com Account and the URL of your service. TheBeerSpot, LLC will block requests with an invalid key or invalid URL. TheBeerSpot shall have sole and complete control over the data.

1.2 Modifications. TheBeerSpot, LLC reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version. TheBeerSpot, LLC may modify the Terms of Service at any time with or without notice, and You can review the most current version of the Terms of Service online at any time at http://www.thebeerspot.com/api/tos. If a modification is unacceptable to You, You may cancel the Service by removing the API code from Your Site. If You continue to use the Service, You will be deemed to have accepted the modifications.

You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content;
  • upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
  • download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  • restrict or inhibit any other user from using and enjoying TheBeerSpot, LLC services;
  • use TheBeerSpot, LLC services for any illegal or unauthorized purpose;
  • interfere with or disrupt TheBeerSpot, LLC services or servers or networks connected to TheBeerSpot, LLC services, or disobey any requirements, procedures, policies or regulations of networks connected to TheBeerSpot, LLC services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of TheBeerSpot, LLC services or collect information about users for any unauthorized purpose;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

2. Proprietary Rights.

2.1 TheBeerSpot, LLC Rights. For purposes of the Terms of Service, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and TheBeerSpot, LLC, You acknowledge that TheBeerSpot, LLC or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Service.

2.2 Brand Feature License. For purposes of the Terms of Service, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. TheBeerSpot, LLC hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display TheBeerSpot's Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to TheBeerSpot, LLC a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.

In using TheBeerSpot, LLC Brand Features, you may not:

  • display a TheBeerSpot, LLC Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by TheBeerSpot, LLC, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of TheBeerSpot, LLC or TheBeerSpot, LLC personnel;
  • use TheBeerSpot, LLC Brand Features to disparage TheBeerSpot, LLC, its products or services;
  • display a TheBeerSpot, LLC Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
  • display a TheBeerSpot, LLC Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to TheBeerSpot, LLC;
  • display a TheBeerSpot, LLC Brand Feature on a site that violates any law or regulation; or
  • remove, distort or alter any element of a TheBeerSpot, LLC Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).

You understand and agree that TheBeerSpot, LLC has the sole discretion to determine whether your use of TheBeerSpot, LLC brand features is in accordance with the above restrictions.

Except as set forth in this Section 2.2, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of TheBeerSpot, LLC's Brand Features (including any goodwill associated therewith) shall inure to the benefit of TheBeerSpot, LLC. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of TheBeerSpot, LLC (except to the extent such restriction is prohibited by law) or the registration thereof by TheBeerSpot, LLC, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of TheBeerSpot, LLC.

3.Termination.

3.1 Termination. TheBeerSpot, LLC may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time.

In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on TheBeerSpot, LLC or otherwise disparages or devalues TheBeerSpot, LLC Brand Features or TheBeerSpot, LLC's reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your Site.

3.2 Rejection of Application. TheBeerSpot, LLC shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and TheBeerSpot, LLC. TheBeerSpot, LLC shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

3.3 Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all data or images and TheBeerSpot, LLC Brand Features. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.

3.4 Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 2.1 and 3 shall survive termination.