Alabama Crown Distributing Company Inc

1/10/2014

Terms of Use for Participation in and Posting on the Georgia Crown Facebook Page

The Georgia Crown Facebook Page is owned and managed by Georgia Crown Distributing Co. (“Georgia Crown”).

THE PURPOSE OF THE GEORGIA CROWN FACEBOOK PAGE ("FACEBOOK PAGE") IS TO SHARE INFORMATION RELATING TO ALCOHOLIC BEVERAGES FOR AN INDUSTRY-RELATED PROFESSIONAL AND BUSINESS AUDIENCE, AND NOT FOR THE CONSUMER AUDIENCE. THE FACEBOOK PAGE IS INTENDED ONLY FOR PERSONS OVER AGE 21. YOU MUST BE OF LEGAL DRINKING AGE TO USE THE FACEBOOK PAGE. PLEASE DRINK RESPONSIBLY.

IF INFORMATION REGARDING A MARKETING EVENT, PROMOTIONAL EVENT OR TRADE SHOW IS INCLUDED IN A POSTING OR OTHER SUBMISSION, THE USER MAKING THE SUBMISSION IS RESPONSIBLE FOR ASSURING THAT SUCH INFORMATION AND THE CONDUCT OF THE EVENT COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

IF A SUBMISSION BY A USER CONTAINS A LINK, THE LINK AND ITS CONTENTS MUST CONFORM TO THE REQUIREMENTS AND LIMITATIONS ESTABLISHED BY THE ALCOHOL AND TOBACCO TAX AND TRADE BUREAU IN INDUSTRY CIRCULAR NO. 2013-01 (MAY 13, 2013). GEORGIA CROWN RESERVES THE RIGHT TO BLOCK OR SUSPEND ANY LINK THAT DOES NOT CONFORM TO SUCH REQUIREMENTS OR LIMITATIONS.

Users of the Facebook Page ("Users") may in some cases be invited to make postings or participate in online discussions and forums of the Facebook Page. These Terms of Use are intended to help Facebook Page Users understand and differentiate between suitable and inappropriate use of the Facebook Page and to define appropriate practices for participation in the Georgia Crown Facebook Page.

These Terms of Use are an agreement between Georgia Crown and User. By accessing, browsing, or using this service, User agrees to be bound by these terms. Georgia Crown may at any time revise these Terms of Use by updating this posting; User's continued use of the service following the posting of notice of a change will confirm User's acceptance of the change.

Georgia Crown undertakes to provide accurate and up-to-date information on the Facebook Page for the parts of the Facebook Page contributed by Georgia Crown. However, each User should understand that the information contained in the Facebook Page is subject to change and is provided “AS IS.” Accordingly:
● THE USE OF THE INFORMATION AND ANY SUBMISSIONS MADE AVAILABLE ON THE FACEBOOK PAGE IS AT YOUR OWN RISK;
● Georgia Crown and its affiliates shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Facebook Page, and User is solely responsible for any decisions made based on such information.
● Passing of time can render information contained in, or linked to, the Facebook Page stale. Georgia Crown and its affiliates are not responsible for any misimpressions which may result from the use of dated material. Georgia Crown does not undertake any duty to verify, update, supplement, correct, comment upon or modify any information contained in the Facebook Page or any website to which it is linked.

Rules and Restrictions on Submissions

1. Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Page ("Submissions"). Inappropriate Submissions would include, for example, comments or materials that:
● Are false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tend to create a misleading impression;
● Disparage a competitor’s products;
● Abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
● Are obscene or indecent;
● Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
● Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
● Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
● Falsify the origin or source of software or other material contained in a file that is uploaded; or
● Violate applicable federal, state or local laws or regulations. These include laws or regulations pertaining to the advertising, distribution and sale of alcoholic beverages, including, as to advertising of malt beverages, 27 Subpart F, §§ et seq., as to advertising of wine, 27 Subpart G, §§ et seq., as to advertising of distilled spirits, 27 Subpart H, §§ et seq., and applicable state laws and regulations, including the regulations of the Georgia Department of Revenue concerning alcoholic beverages.
2. Submissions may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
3. Submissions may not contain unauthorized disclosures of proprietary or confidential information. DO NOT POST PERSONALLY IDENTIFIABLE INFORMATION (AS IMAGES OR TEXT) TO PUBLICLY VIEWABLE AREAS UNLESS YOU HAVE THE RIGHT TO DO SO AND CONSENT TO THE PUBLICATION OF THAT INFORMATION.
4. Users may not use the Facebook Page in a manner or for a purpose that could violate federal or state antitrust laws. For example, the Facebook Page may not be used to communicate with competitors about prices, discounts, market shares, sales territories, or other terms or conditions of trade.
5. The purpose of the Facebook Page is strictly informational. Submissions may not include advertisements, promotions, solicitations, "spam", chain letters, surveys, marketing arrangements or the like.
6. Submissions may not include false or misleading representations of affiliation with any other person or entity. A User may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
7. Georgia Crown believes that anonymous postings are neither necessary for purposes of this forum, nor consistent with the professional level of dialogue expected. Therefore, the User's name (which must be provided) will be posted with the Submission.
8. Georgia Crown does not endorse, recommend or guarantee any Submission or any opinion, recommendation or advice expressed therein.
9. Users may not interfere with or disrupt the Facebook Page, networks or servers connected to the Facebook Page, such as by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, such as by overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” sending unsolicited email, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise violating the regulations, policies or procedures of such networks or servers.
10. Users may not employ any type of bots that can disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Facebook page are able to type, show multiple screens, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
11. Users may not use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Facebook page other than the search engine and search agents which Facebook or Georgia Crown makes available on the Facebook Page and generally available third-party web browsers.

Georgia Crown’s Right to Monitor and Administer the Facebook Page

Georgia Crown reserves the right to monitor and administer the Facebook Page and, in its sole discretion, to block or remove any content posted to the Facebook Page. Georgia Crown reserves the right to disallow the use of any particular screen name or e-mail address, or to suspend or terminate any User's access or posting privileges at any time, including individual and group postings.

Compliance with Facebook Terms and Conditions

Users must comply with the terms identified in the Facebook Statement of Rights and Responsibilities at , or any successor policy or user agreement established by Facebook. Please note that Facebook has established its own Data Use Policy. Georgia Crown reserves the right to claim the benefit of and enforce the terms of Facebook general policies with respect to Users’ access and use of the Facebook Page.

Ownership of the Facebook Page and its Contents and Associated Trademarks

“Georgia Crown”™ is a trademark of Georgia Crown Distributing Co. The brands, logos and names of specific products or services provided by third parties are owned by those third parties.

The content of the Facebook Page, including postings originated by Georgia Crown or its providers, and related artwork, graphics and photographic or audiovisual works, are protected by copyright and owned by Georgia Crown or third parties who provide such content to Georgia Crown. Except as permitted under Copyright laws, the Facebook Page and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without Georgia Crown's or applicable third parties’ prior written consent.

Georgia Crown, to the extent it owns such rights, grants User a non-exclusive, non-transferable, limited license to access, display and/or download the Georgia Crown content and pages available within the Facebook Page, solely on User's computer and for User's individual use.

Except for the permission expressly granted above to access, display, copy and download the Georgia Crown content and pages available within the Facebook Page, Georgia Crown reserves all rights in the Facebook Page and its contents. User may not "mirror" any content or information contained on the Facebook Page without Georgia Crown’s prior written consent. User may not create links to the Facebook Page from other sites without Georgia Crown’s prior written consent and compliance with all applicable laws.

Georgia Crown does not claim ownership of or copyrights in User Submissions. User understands that Submissions are not confidential and Georgia Crown will be free (without compensation to User) to use or disseminate such Submissions on an unrestricted basis for any purpose, so long as such use is within the terms of the Facebook User Agreement. User agrees that Submissions may be published, displayed, copied, distributed, downloaded, or transmitted by Georgia Crown or other Facebook Page participants, and User grants Georgia Crown and all other Users of the Facebook Page an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works (including in digital form) such Submissions, subject to any applicable restrictions in the Facebook User Agreement.

Georgia Crown does not review all of the sites linked to its Facebook Page and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Georgia Crown of the site. Use of any such linked web site is at the User's own risk.

DISCLAIMERS

GEORGIA CROWN MAKES MAKE NO REPRESENTATION OR WARRANTY RELATING TO THE FACEBOOK PAGE OR ANY INFORMATION AVAILABLE ON THE FACEBOOK PAGE; ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
GEORGIA CROWN MAKES NO WARRANTY THAT THE FACEBOOK PAGE, OR ANY COMPUTER, SERVER, DEVICE, SOFTWARE, OR OTHER TECHNOLOGY ASSOCIATED WITH THE FACEBOOK PAGE, IS FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS OR CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

NEITHER GEORGIA CROWN NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN ANY WAY RELATING TO (A) THE USE OF OR INABILITY TO USE THE FACEBOOK PAGE, (B) ERRORS IN OR OMISSIONS FROM FACEBOOK CONTENT, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN ANY FACEBOOK CONTENT, (D) THE UNAVAILABILITY OF THE FACEBOOK PAGE, OR (E) ANY USE OF THE FACEBOOK PAGE OR RELIANCE BY THE USER ON ANY INFORMATION OR CONTENT CONTAINED THEREIN.

GEORGIA CROWN AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY USERS OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY RELATING TO THE FOREGOING, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

IN NO EVENT MAY USER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST GEORGIA CROWN MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
REPRESENTATIONS BY USERS; INDEMNIFICATION
USER IS SOLELY RESPONSIBLE FOR THE CONTENTS OF HIS/HER SUBMISSIONS TO THE FACEBOOK PAGE. USER REPRESENTS THAT HE/SHE HAS ALL RIGHTS NECESSARY TO POST THE INFORMATION, CONTENT OR MATERIALS SUBMITTED TO THE FACEBOOK PAGE WITHOUT VIOLATING THE COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND THAT NO SUBMISSION BY THE USER WILL VIOLATE APPLICABLE LAWS OR THE RIGHTS OF THIRD PERSONS. USER HEREBY INDEMNIFIES AND AGREES TO HOLD HARMLESS GEORGIA CROWN AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSERTED AGAINST THEM AND ANY LIABILITY, LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED OR SUFFERED BY THEM IN CONNECTION WITH OR ARISING OUT OF USER'S ACTS OR OMISSIONS OR THE MATERIALS OR INFORMATION USER SUBMITS TO THE FACEBOOK PAGE.

Choice of Law and Venue

This Agreement will be interpreted and governed in all respects by the laws of the State of Georgia without regard to its choice of laws rules. Any dispute arising under these Terms of Use or in connection with the User's use of the Facebook Page shall be subject to the exclusive jurisdiction of either the state or federal courts in and for Henry County, Georgia, and User and Georgia Crown hereby consent to the personal jurisdiction of such courts over them.

Procedures for Requesting the Removal of Infringing Material
Georgia Crown and its affiliates respect the intellectual property of others. If a person or organization (a “Copyright Owner”) believes that his, her or its work has been copied on the Facebook Page in a way that constitutes copyright infringement, provide Georgia Crown the written information specified below. Please note that this procedure is exclusively for the Copyright Owner to notify Georgia Crown and its affiliates that copyrighted material of the Copyright Owner has been infringed. If a Copyright Owner believes that its own copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Facebook Page, the Copyright Owner may notify Georgia Crown’s copyright agent in accordance with the following procedures and the Digital Millennium Copyright Act of 1998 (DMCA).

For a complaint to be valid under the DMCA, the Copyright Owner must provide the following information when providing notice of the claimed copyright infringement: (1) a physical or electronic signature of a person authorized to act on behalf of the Copyright Owner; (2) identification of the copyrighted work or other intellectual property that the Copyright Owner owns and claim to have been infringed; (3) identification of the material that the Copyright Owner claims is infringing as well as information reasonably sufficient to permit Georgia Crown to locate the material on the Facebook Page; (4) the address, telephone number, and e-mail address of the Copyright Owner or its designee; (5) a statement by the Copyright Owner that the Copyright Owner as the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed. The foregoing information must be submitted as a written notification to the following Designated Agent:

Site:
Designated agent for infringement claims: DMCA Agent
Address: DMCA Agent, Office of General Counsel, Georgia Crown Distributing Co., 100 Georgia Crown Dr., McDonough, GA 30253
Telephone of designated agent: (770) 302-3069
E-mail of designated agent: dmca@

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 512(c)(3).

NOTE: This information is provided exclusively for notifying the service providers referenced above that the Copyright Owner’s own copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of e-mail abuse and third party reports of piracy, will not receive a response through this process.

How to Contact Georgia Crown

Questions regarding the Terms of Use or any other aspect of the Facebook Page can be submitted in writing to: Office of General Counsel, Georgia Crown Distributing Co., 100 Georgia Crown Dr., McDonough, GA 30253.