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1. You Agree to These Terms by Using this Site.

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This website (“Site”) is offered to you conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”) and all applicable laws and regulations.  By accessing and using the Site, you accept these Terms of Use. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site immediately. BY USING THIS SITE YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER.  IF YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS WEBSITE.

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2. Ownership of Content

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The Site and all of its contents including, but not limited to, all text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos and other content (collectively the “Content") are owned by The Double Cola Company (“Double Cola”) with all rights reserved unless otherwise noted.  Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the written permission of Double-Cola. You are also advised that Double-Cola will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.  Any rights not expressly granted herein are reserved.

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3. Your Use of the Site

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Double-Cola grants you permission to use the Site as follows:

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a. You may download Content, but only for noncommercial, personal use and provided that you also retain and abide by all copyright and other proprietary notices contained on the Content.

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b. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Double-Cola's written permission.

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c. You are prohibited from using the Site for any purpose that is unlawful or prohibited by these Terms of Use, and warrant and represent that you shall not post, upload, input or submit to this Site any submission that is prohibited by these Terms of Use, including, but not limited to, posting or transmitting any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Double-Cola will fully cooperate with any law enforcement authorities or any court order requesting or directing Double-Cola to disclose the identity of anyone posting or transmitting any such information or materials; and you are prohibited from using the Site to advertise or perform any commercial solicitation. Any rights not expressly granted herein are reserved.

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d.  Double-Cola reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.      

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e.  Double-Cola does not claim ownership of any information or materials provided to Site  via posts, uploads or any other form to the Site.  Any such information will be treated as non-confidential and non-proprietary, and may be disseminated or used by Double-Cola.  By posting, uploading or submitting information or materials to the Site, you automatically grant Double-Cola an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information or materials, alone or as part of other works, in any form, media, or technology, whether now known or hereafter developed.

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f.  Double-Cola does not represent or guaranty the truthfulness, accuracy, or reliability of any information or material posted, uploaded or submitted to this Site by Participants.  Your reliance on this information or material is at your own risk. 

 

4. Privacy

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Any personal data you transmit to the Site by electronic mail or otherwise will be used by Double-Cola in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

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5. Disclaimer of Warranties

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ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You agree to defend, indemnify and hold harmless Double-Cola, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from information or materials you submit to the Site, use of the Site, or the materials on the Site and/or your breach of these Terms of Use.

 

6. Exclusion of Liability

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YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DOUBLE-COLA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

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7. Links to Third Party Sites

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The Site may contain links to sites owned or operated by parties other than Double-Cola. Such links are provided for your convenience only. Double-Cola does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Neither does Double-Cola endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Double-Cola.

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8. Social Media Sites

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Double Cola will monitor Social Media sites on a regular basis for compliance with the Beer Institute Advertising and Marketing Code, for any illegal content, and for adherence to these Terms and Conditions. You acknowledge that any opinions, statements, or recommendations posted are those of their respective authors who are solely responsible and liable for their content. At its sole discretion, Double Cola reserves the right to remove any content posted.

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By using Social Media sites, you:

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1. authorize Double Cola to collect and store comments, images, or other content you upload or post (“Submissions”), on our servers in accordance with our Privacy Policy;

2. grant Double Cola an unlimited, perpetual, royalty-free, and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever.

3. are expressly prohibited from submitting any of the following: any Submission that promotes drinking and driving, underage drinking, or irresponsible consumption of alcohol.

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9. Revisions to the Terms

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Double-Cola may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

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10. Law and Jurisdiction

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These Terms of Use and your use of the Site are governed by the laws of the State of Tennessee, without regard to its choice of law provisions. The federal and state courts located in Hamilton County, Tennessee, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.