Terms & Conditions
Before you enter the Brewtopia site (the "Site"), or use any Brewtopia services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically. By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Brewtopia that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them.
If you do not agree to the Terms and Conditions, do not access the Site or use any of its services.
Who Can Be a Brewtopia Member?
Brewtopia Membership is available to anyone who is at least 18 years of age or older who registers all required information (including an accurate, legitimate email address) and obtains a unique Brewtopia Member Username and Password. Persons under the age of 18 cannot become a member unless they provide Brewtopia with evidence of their parent or guardian's express consent to obtain Brewtopia Membership.
All prices specified on the Site are AUD and are GST inclusive, unless specified otherwise. Note that water is GST-free.
GST is applied on the quoted shipping amount and the final price will be outlined in the shopping cart prior to you completing your transaction.
What Happens if I Violate These Terms and Conditions?
Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. Brewtopia will not return removed materials to a member. Brewtopia is not responsible for any loss of data resulting from removal of member material.
What Content or Materials Are Not Allowed on the Brewtopia Site?
Brewtopia is committed to promoting the free-flowing exchange of graphic expression relating to Member's interests, activities and hobbies while maintaining standards consistent with the Internet community and the societies of the world. Accordingly, no Brewtopia Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the Brewtopia Site:
- Content or material that we believe is pornographic or obscene/profane;
- Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism or hatred;
- Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
- Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
- Instructions on how to assemble or use bombs, grenades or other weapons; and
- Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individuals right to privacy.
- Copyrighted content or material that is used without the express permission of the owner; Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the Brewtopia Site without the owner's permission constitutes copyright infringement and may result in termination of your Brewtopia membership.
- Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
- Any links to the above.
Brewtopia has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site may be examined from time to time. You acknowledge that although Brewtopia does not and cannot examine all content and material submitted or transmitted to the Site, Brewtopia has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice. You, and not Brewtopia, are solely responsible and liable for all content posted and stored in the Brewtopia community. You should also know that in visiting the Brewtopia community, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure.
How Do the Copyright Laws Apply to Materials I Submit to Brewtopia?
When you become a Brewtopia member, you become a participant in the Brewtopia community. Your photographs will be viewed and made available to others in the Brewtopia community and we may incorporate them in directories. As a condition of membership, you hereby grant Brewtopia a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the Brewtopia community. You are the owner of all materials submitted by you to Brewtopia and you represent and guarantee to Brewtopia, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to Brewtopia or that you have permission from the copyright owner to submit the materials to Brewtopia.
What Can I Do With Materials Provided By Brewtopia?
All of the material on the Brewtopia Site are protected by the copyright laws of Australia and other countries, both as individual works and as a collection. You are only allowed to use these materials as indicated on the Brewtopia site; other uses are prohibited by copyright laws. All of the material contained in the Brewtopia site may be viewed only on the Brewtopia Site. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise, without express permission.
What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of another has been wrongfully copied, Brewtopia has a process for you to register your complaint through an email to email@example.com In order for Brewtopia to investigate and address your complaint, please provide Brewtopia with all information requested.
How Are Copyright Infringement Claims Handled?
Upon notice of a potential copyright infringement, Brewtopia may immediately delete or suspend access to the infringing material. Brewtopia may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute. If Brewtopia has deleted or suspended access to materials you posted on the Brewtopia site because of a complaint that the posting infringed someone else's copyright and you disagree and want to have the materials returned to your album, within 10 days after receiving notification that the materials have been deleted, please provide Brewtopia with a written response (a "Response") which contains the following:
- Your physical or electronic signature;
- Identification of the material that was deleted or made inaccessible;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or made inaccessible as a result of mistake or misidentification;
A copy of your Response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within in 14 days of receiving a copy of your Response, the deleted materials will be returned to your album. If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of Brewtopia, Brewtopia reserves the right to delete all infringing files and terminate the user‚membership without receiving a complaint from the person whose rights have been infringed.
What Happens to my designs when uploaded to Brewtopia?
Brewtopia reserves the right to use any deisgns, artwork and material in promotions and for resale from time to time.
Is Information I Submit to Brewtopia Kept Private?
Brewtopia will never release your name or other personal information without your permission unless required by law. Brewtopia may use aggregated member information that does not identify any individual member. Brewtopia makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between Brewtopia members and others of information such as passwords or electronic mail may not be secure. Brewtopia encourages members to change their passwords frequently. Postings and other communications on the Brewtopia Site are not private. For additional information, please read our "Privacy Statement" which can be accessed from the link at the bottom of the Brewtopia home page.
Will I Receive Email From Brewtopia as a Result of My Membership?
Brewtopia will not send unsolicited email. All Brewtopia emails, including newsletters and announcements, will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email for letting us know and Brewtopia will make every effort to have your email address removed from future mailings.
What If Materials I Submit To Brewtopia or Use on The Site Are Lost or Corrupted?
Brewtopia urges all members to maintain backup versions of their Brewtopia pages and materials to guard against losses of any kind. Brewtopia is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from Brewtopias suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. By Becoming a Brewtopia Member, You Agree To Indemnify Brewtopia for Any Claims Resulting From Your Violation of These Terms and Conditions.
YOU AGREE TO INDEMNIFY AND HOLD BREWTOPIA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE BREWTOPIA SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE BREWTOPIA SERVICE THROUGH YOUR MEMBERSHIP. Limited Liability of Brewtopia: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BREWTOPIA WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE BREWTOPIA SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws provisions. By using the Brewtopia Site you agree to personal jurisdiction of the courts of New South Wales. Brewtopia May Amend These Terms and Conditions At Any Time. You agree that Brewtopia reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate Brewtopia services or any part of the services. This is The Entire Agreement Between You and Brewtopia: These Terms and Conditions are the entire agreement between you and Brewtopia and govern your use of the Brewtopia Site and services. This agreement supersedes any prior agreements between you and Brewtopia. The failure of Brewtopia to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.