CONTENT OF SITE:

•Intellectual Property Ownership
•Limited Use; Restrictions on Use
•Social Media Sites and Third Party Links
•Community Guidelines
•No Archive
•Disclaimers
•Limitation of Liability
•No Framing; Links; Third Party Sites
•Ability to Accept Terms of Use
•Assignment
•Notice
•Miscellaneous

Thank you for visiting our website (the “Website”), which is owned and provided by L’AGRICOLA MARSOS BIRRA SRLS. Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available by clicking here, please do not use the Website or any services offered by the Website.

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

INTELLECTUAL PROPERTY OWNERSHIP — Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by Marsos Birra or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Marsos Birra and you, all right, title and interest in and to the Content will at all times remain with Marsos Birra and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of Marsos Birra.

LIMITED USE; RESTRICTIONS ON USE — You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited. Marsos Birra grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Marsos Birra’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Marsos Birra in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Marsos Birra the Owner, or any third party referenced therein. Marsos Birra reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Marsos Birra s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Marsos Birra may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

SOCIAL MEDIA SITES AND THIRD PARTY LINKS — From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Marsos Birra provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Marsos Birra is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Marsos Birra or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Marsos Birra (if any) or any consideration you may receive from Marsos Birra in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Marsos Birra or any of its products on any Social Media Site regardless of any material connection you may have with Marsos Birra or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING Marsos Birra OR ANY OF Marsos Birra’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Marsos Birra, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

COMMUNITY GUIDELINES — In addition to links to Social Media Sites, the Website itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the Marsos Birra relevant sections of the Social Media Sites, the “Community Forums”). If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply.

•Marsos Birra shall monitor the Community Forums on a regular basis for compliance with the Beer Institute Advertising and Marketing Code and for any readily apparent violations of these Terms of Use or illegal content. Notwithstanding the foregoing, you acknowledge that Marsos Birra is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.

•You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Marsos Birra reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

•By using this site, you: (a) direct Marsos Birra to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant Marsos Birra an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature. In addition, since information on this site is public and for every user to access, you acknowledge that you do not have any expectation of privacy in relation to your Submissions. Finally, you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

Any Submission that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Birra Del Borgo or its affiliates or its users to any harm or liability of any type.

NO ARCHIVE — Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive. Marsos Birra shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

DISCLAIMER — Marsos Birra reserves the right to change any part of the Website at anytime without notice, subject to the “NOTICE” provision set forth below.

LIMITATION OF LIABILITY — Neither Marsos Birra, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise—except in the event Marsos Birra fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent. The foregoing shall apply even if Marsos Birra was advised of the possibility of such damages. If you become dissatisfied in any way with the Website Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against Marsos Birra and its affiliates, agents, representatives and licensors arising out of your use of the Website—except in the event Marsos Birra fails to take commercially reasonable security precautions as described in our Privacy Policy or is otherwise negligent.

NO FRAMING; LINKS; THIRD PARTY SITES — Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from Marsos Birra.

ABILITY TO ACCEPT TERMS OF USE — You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

ASSIGNMENT — The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Marsos Birra without restriction.

NOTICE — From time to time, Marsos Birra may revise these Terms of Use. To help you stay current of any changes, Marsos Birra takes the following two steps: (1) Marsos Birra notes the date the Terms of Use was last updated below and (2) when Marsos Birra makes a change to the Terms of Use, Marsos Birra posts conspicuous announcements of such changes on the Website next to the link to these Terms and Conditions. Your use of the Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. Marsos Birra strongly recommends checking Terms of Use periodically. If, and only if, Marsos Birra makes revisions to the Terms of Use that result in a material lessening of the restrictions on Marsos Birra’s use or disclosure of your Personal Information, Marsos Birra will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

MISCELLANEOUS — Marsos Birra’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

L’Agricola Marsos Birra srls