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TERMS OF USE

	1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS	Last Updated: October 15, 2018 

	Untappd ("Us" or "We") provides the Untappd site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.	1. ACCEPTANCE OF TERMS 

	BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.	Welcome to Untappd (“UNTAPPD,” “WE” or “US”) and our Website Terms of Use (these “TERMS”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. 

	These Terms of Use are effective as of 10/18/10. We expressly reserve	By accessing or using https://untappd.com, https://business.untappd.com, https://store.untappd.com, the right to change these Terms of Use from time to time without notice to you. You acknowledgeUntappd mobile applications and various related services (collectively, the “SITE”), you agree that it is your responsibility to review this site andbe bound by these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgementall of the modified Terms of Use and agreement to abide and be boundterms incorporated herein by the modified Terms of Use.reference. AFTER REVIEWING THESE TERMS, PLEASE INDICATE YOUR ACCEPTANCE BY PROVIDING INFORMATION REGARDING YOURSELF, CHECKING THE BOX, AND CLICKING THE “I AGREE” BUTTON, ALL AT THE BOTTOM OF THESE TERMS. 

	As used in	By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of Use, referencesany person or entity, you represent that you have legal authority to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors,do so and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. 

	2. DESCRIPTION OF SERVICES	If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site. 

	We make various services available on this site including, but not limited to, Information about Beers, Breweries, Venues, and Location, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use	By accessing or using the services, including a computer, modem,Site, you represent and Internet access (including payment of all fees associated with such access).warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site. 

	We reserve	These Terms may be revised at any time for any reason, and Untappd may provide you notice of these changes by any reasonable means, including by providing notice through the sole rightSite. You can determine when we last updated the Site by referring to either modify or discontinue the site, including any“Last Updated” legend at the top of these Terms. Except to the site’s features, atextent that your express consent to any time with or without noticerevised Terms is required under data protection law, by continuing to you.access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We willstrongly recommend that you periodically visit this page of the Site to review these Terms. If you do not be liableagree to the revised Terms, you may not access or any third party should we exercise such right. Any new features that augment or enhanceuse the then-current services on this site shall also be subject to these Terms of Use.Site. 

	3.	2. REGISTRATION DATA AND PRIVACYPERSONAL DATA 

	In order to access someand use certain areas or features of the services on this site,Site, you will be requiredneed to useregister for an account and password that can be obtained by completing our onlineaccount. Each registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.for a single user only. 

	You also grant us	By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the rightsecurity of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to discloseaccess or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to third parties certain Registration Data about you. The information we obtain throughthe Site or your use of this site, includingaccount. Any changes to your Registration Data, is subjectregistration information may be made by sending such changes to our Privacy Policy, which[email protected]. If you provide information that is specifically incorporated by reference into these Terms of Use. You areuntrue, inaccurate, not allowed to scrape the Untappd.comcurrent or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the API. Scrapping will result in a permanent ban.Site. 

	4. CONDUCT ON SITE 	By creating an account, you also consent to receive electronic communications from Untappd (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us BY PRINTING A PAPER COPY OR SAVING AN ELECTRONIC COPY. WE MAY ALSO SEND YOU PROMOTIONAL COMMUNICATIONS VIA EMAIL, INCLUDING, BUT NOT LIMITED TO, NEWSLETTERS, SPECIAL OFFERS, SURVEYS AND OTHER NEWS AND INFORMATION WE THINK WILL BE OF INTEREST TO YOU. YOU MAY OPT OUT OF RECEIVING THESE PROMOTIONAL EMAILS AT ANY TIME by following the unsubscribe instructions provided therein.   

	Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:	3. LICENSE TO ACCESS AND USE THE SITE AND CONTENT 

	a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive	Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Untappd logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, “CONTENT”) are the property of another’s privacy, tortious, contains explicitUntappd or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our ruleslicensors or policies;users, as applicable, and are protected by U.S. and international copyright and other laws. 

	b. victimizes, harasses, degrades,	Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or intimidates an individualContent under these Terms, or group of individuals onany other rights thereto other than to use the basisSite in accordance with the license granted, and subject to all terms, conditions and restrictions of religion, gender, sexual orientation, race, ethnicity, age, or disability;these Terms. 

	c. infringes on	However, such license is subject to these Terms and does not include any patent, trademark, trade secret, copyright, right of publicity,to, and you shall not, directly or other proprietary rightindirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any party;portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes. 

	d. constitutes unauthorized	Any use of the Site or unsolicited advertising, junk or bulk email (also knownContent other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as "spamming"), chain letters,conferring any right or license to any patent, trademark, copyright or other formproprietary rights of unauthorized solicitation,Untappd or any form of lotterythird party, whether by estoppel, implication or gambling;otherwise. This license is revocable at any time. 

	e. contains software viruses	You will not remove, alter or conceal any copyright, trademark, service mark or other computer code, files,proprietary rights notices incorporated in or programs that are designedaccompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or intended to disrupt, damage, or limitotherwise exploit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; orContent. 

	f. impersonates any person or entity, including any of our employees or representatives.	4. TRADEMARKS 

	We neither endorse nor assume	The Untappd logo, and any liability forother Untappd product or service names, trademarks, logos, or other indicia (“MARKS”) that may appear on the contentsSite are the property of any material uploadedUntappd or its subsidiaries, affiliates or submitted by third party users of the site. We generally doparties, and may not pre-screen, monitor,be copied, imitated or editused, in whole or in part, without our prior written permission. Nothing contained in the content postedSite shall be construed as granting, by users of communications services, chat rooms, message boards, newsgroups, software libraries,implication or other interactive services that may be available onotherwise, any license or through this site. However, we and our agents have the right at their sole discretion to removeuse any content that, in our judgment, does not comply with these Termssuch Mark without the prior written permission of Use and any other rules of user conduct for our site,Untappd or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent tothird party that may own such removal and waive any claim against us arising out of such removal of content. See "Use ofMark. Your Materials" below for a descriptionmisuse of the procedures to be followed in the event that any party believes that content posted on this site infringes onsuch Mark, or any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.Content, is strictly prohibited. 

	In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.	5. LEGAL REQUIREMENTS; PRIVACY POLICY 

	You agree	Untappd is committed to processing and protecting the personal data collected through the Site when you use the Site in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. Untappd’s policy is to retain personal data necessary to provide our services, except that we may at any time, and at our sole discretion, terminateretain your membership, account, or other affiliationpersonal data for longer periods where reasonably necessary to comply with our site without prior noticelegal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you for violating anyor others provided to us and personal data generated or inferred from your use of our services. When Untappd is the above provisions. In addition, you acknowledge thatdata controller, we will cooperate fully with investigations of violations of systems or network securitydecide how your personal data is processed and for what purposes. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the Untappd’s Privacy Policy located at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.https://untappd.com/privacy. 

	5. THIRD PARTY SITES AND INFORMATION	Where Untappd has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Untappd may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so. 

	This site may link you	We implement a number of security features to help guarantee and ensure to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may containgreatest extent possible that your information or material that some people may find inappropriate or offensive. These other sitesis safe. We use industry standard technologies when transferring and receiving user data exchanged between Untappd and third parties are not underto ensure its security. User data may be stored on servers maintained by our control,third party partners and you acknowledge that wesubject to their security safeguards which are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, norperiodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are we responsiblemade securely. Please see Untappd’s Privacy Policy located at https://untappd.com/privacy for errors or omissions in any referencesadditional information relating to other parties or their productsthe privacy and services. The inclusionsecurity of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.information collected hereunder. 

	6. INTELLECTUAL PROPERTY INFORMATIONUSER CONTENT 

	Copyright (c) 10/18/10 Untappd All Rights Reserved.	You are solely responsible and liable for all data, information and other materials (“USER CONTENT”) that you submit, upload, post, e-mail or otherwise transmit (“TRANSMIT”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR. 

	For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services	You agree that can be viewed by users on our site. This includes message boards, chat,you will not, and other original content.will not permit anyone else to, directly or indirectly: 

	By accepting these Terms of Use, you acknowledge and agree	 Transmit any User Content that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole propertyunlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of Untappd and/or its Affiliates. You are only permitted to use the content as expressly authorized by usanother’s privacy or the specific content provider. Except for a single copy made for personal use only,racially, ethnically or otherwise objectionable; 
	 Transmit any User Content: (i) that you maydo not copy, reproduce, modify, republish, upload, post, transmit, or distributehave the right to Transmit, under any documentslaw or contractual or fiduciary relationships, including, without limitation, any inside information from this site inor proprietary or confidential information; (ii) that infringes any formpatent, copyright, trademark or byother intellectual property right or misappropriates any means without prior written permission from ustrade secret or the specific content provider, and you are solely responsible for obtaining permission before reusingright of privacy of any copyrighted materialthird-party; (iii) that is available on this site. Anyconstitutes unsolicited or unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminaladvertising or civil penalties.promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; 
	 Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site. 

	Neither	Although we have no obligation to screen, edit or our Affiliates warrantmonitor User Content, we reserve the right, and have absolute discretion, to remove, screen or represent that your use of materials displayed on,edit User Content posted or obtained through, this site will not infringestored on the rights of third parties. See "User's Materials" belowSite at any time and for a descriptionany reason, and you are solely responsible for creating backup copies of the procedures to be followed in the event thatand replacing any party believes that content postedUser Content you post or store on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.the Site at your sole cost and expense. 

	All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Untappd or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Untappd or its Affiliates.	7. RIGHTS IN USER CONTENT 

	7. UNAUTHORIZED USE OF MATERIALS	We do not claim any ownership interest in your User Content. 

	Subject to our Privacy Policy, any communication	However, by uploading, posting or material that you transmitsubmitting User Content to this sitethe Site or to us, whether by electronic mail, post,our pages or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communicationsfeeds on third party social media platforms (e.g., Untappd’s Facebook page, LinkedIn page or material,Twitter feed), you hereby grant us and our agents and affiliatesUntappd a non-exclusive, paid-up,nonexclusive, royalty-free, worldwide, perpetual, irrevocable and worldwidefully sublicensable right and license to copy, distribute, display, perform,use, reproduce, modify, adapt, publish, translate, adapt, modify,create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known)whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, Untappd will only share personal information that you provide in which it is used.accordance with our Privacy Policy at https://untappd.com/privacy. 

	Please do not submit confidential	You acknowledge and agree that Company may disclose or proprietary information to us unless we have mutually agreed in writing otherwise. Weuse any User Content that you Transmit for purposes that include, but are also unable to accept your unsolicited ideas or proposals, so please do not submit themlimited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to us inclaims that any circumstance.User Content violates the rights of third parties; or (d) protecting the rights or property of Untappd, its customers or the public. 

	We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:	8. FEEDBACK 

	1. Identify in sufficient detail the copyrighted work that	Separate and apart from User Content, you believe has been infringed uponcan submit questions, comments, suggestions, ideas, original or creative materials or other information sufficientabout Untappd, the Site or the services (collectively, “FEEDBACK”). Feedback is non-confidential and shall become the sole property of Untappd. Untappd shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to specify the copyrighted work being infringed).unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

	2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.	9. LINKED SITES 

	3. Provide	We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information reasonably sufficientof any other persons or companies by Untappd. Your choice to permit usaccess a link to contactany other website is at your own risk, and you (email addressagree to comply with all terms and conditions relating to such websites. Untappd reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Untappd. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is preferred).at your sole discretion and risk. 

	4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).	10. INDEMNIFICATION 

	5. Include	You shall indemnify, hold harmless, and, at Untappd’s option, defend Untappd from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“LOSSES”) incurred by Untappd resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the following statement: "I have a good faith beliefSite, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent,Site or any of its features. You further agree that Untappd shall have control of the law."defense or settlement of any third party claims, unless Untappd exercises its option to require you to defend Untappd. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Untappd. 

	6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."	11. DISCLAIMERS 

	7. Sign the paper.	THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNTAPPD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, UNTAPPD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

	8. Send the written communication to the following address:	UNTAPPD DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. UNTAPPD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNTAPPD DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND UNTAPPD SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS. 

	Designated Agent for Claimed Infringement:	BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. 

	Contact: Tim Mather
Address: Untappd LLC PO Box 34659 Los Angeles, CA 90034
Email: [email protected]	12. LIMITATION OF LIABILITY; WAIVER 

	You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.	TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNTAPPD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM UNTAPPD, OR FROM EVENTS BEYOND UNTAPPD’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UNTAPPD RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). 

	8. DISCLAIMER OF WARRANTIES 

	ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,	TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO WARRANTY THAT (A)EVENT SHALL THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USEMAXIMUM AGGREGATE LIABILITY OF UNTAPPD ARISING OUT OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OFIN ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROMWAY RELATED TO THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 

	THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGESEXCEED THE AMOUNT PAID TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OFUNTAPPD FOR ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENTIN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO UPDATE SUCH MATERIALS OR SERVICES. 

	THE USE OFLIABILITY. THE SERVICES ORFOREGOING LIMITATIONS SHALL APPLY EVEN IN THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE ATEVENT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSSREMEDIES HEREUNDER FAIL OF DATA THAT RESULTS FROM SUCH ACTIVITIES. 

	Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,THEIR ESSENTIAL PURPOSE, AND YOU UNDERSTANDTHE FOREGOING SHALL CONSTITUTE UNTAPPD’S SOLE LIABILITY AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDEDOBLIGATION IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHERRESPECT HEREOF, REGARDLESS OF OUR AFFILIATES. 

	Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Untappd spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use. 

	You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. 

	You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 

	SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONFORM OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAYACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT APPLY TO YOU. 

	9. LIMITATION OF LIABILITY 

	IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OFIMPUTED), OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCEDOTHER LEGAL OR LINKED TO FROM THIS SITE. 

	FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. 

	SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

	10. INDEMNIFICATIONEQUITABLE THEORY. 

	Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.	IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

	11. SECURITY	13. ARBITRATION AND PASSWORDCLASS ACTION WAIVER 

	You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.	PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH UNTAPPD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

	12. PARTICIPATION	YOU AND UNTAPPD AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN PROMOTIONSANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Untappd agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Untappd further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Untappd are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND UNTAPPD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Untappd agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 

	From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.	14. MODIFICATIONS TO THE SITE 

	13. E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES	We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time. 

	We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.	15. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 

	We will not inspect or disclose	This Site is hosted in the contentsUnited States of America. If you are located outside of private Communications except with the consentUnited States of America and you contact us, please be advised that any information you provide to us will be transferred to the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other requiredUnited States of America and that by law or by court or governmental order. Further information is available in our Privacy Policy.submitting information, you explicitly authorize such transfer. 

	We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.	16. TERMINATION 

	Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space,	Notwithstanding anything contained in these Terms, we may employ automated devicesreserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that deletewe shall have no liability or block email messagesobligation to you in such event and that exceed the limit. Weyou will not be responsible for such deleted or blocked messages.entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. 

	14. INTERNATIONAL USE	17. GOVERNING LAW AND JURISDICTION 

	Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside	Untappd operates the United States, and accessing themSite from territories whereNorth Carolina, U.S.A. These Terms and the transactions they contemplate, including without limitation their contents are illegal is prohibited. Those who chooseinterpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., including its statutes of limitations, but without reference to access this site from other locations do soconflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on their own initiativethe Sale of Goods, and other international treaties that are responsible for compliancenot mandatory with local laws. Any offerrespect to contracts made and performed entirely in North Carolina shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any product, service, and/or information madedispute relating to these Terms shall be in connectionthe state courts North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina, and each of the parties agrees to personal jurisdiction of such courts with this site is void where prohibited.regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law. 

	15. TERMINATION OF USE	18. NOTICE 

	You agree that we may, in our sole discretion, terminate	All notices, demands, or suspend your accessconsents given by you under these Terms will be in writing and will be deemed given when delivered to allUntappd at the following contact: [email protected]. Any notices to you may be made via either e-mail or part ofpostal mail to the site withaddress in Untappd’s records or without notice and forvia posting on the Site. Please report any reason, including, without limitation, breachviolations of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.Untappd at the contact listed above. 

	Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.	19. SEVERABILITY 

	16. GOVERNING LAW	If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. 

	This site (excluding any linked sites) is controlled by us from our offices within the California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.	20. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

	17. NOTICES	We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below. 

	All notices to a party shall be in writing and shall be made either via email	a. An electronic or conventional mail. Notices to us must be sent to the attentionphysical signature of Customer Service at [email protected], if by email, or at Untappd - 3431 Keystone Ave Suite 6, Los Angeles, CA 90034 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the siteperson authorized to inform youact on behalf of changes to the site or other mattersowner of importance, and such broadcasts shall constitute notice to you at the time of sending.copyright interest; 

	18. ENTIRE AGREEMENT	b. A description of the copyrighted work that you claim has been infringed; 

	These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings	c. A description of where the parties with respect tomaterial that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. Toclaim is infringing is located on the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.Site; 

	19. MISCELLANEOUS	d. Your address, telephone number and email address; 

	In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought	e. A statement by you against us or our Affiliates must be instituted with one year afterthat you have a good faith belief that the cause of action arisesdisputed use is not authorized by the copyright owner, its agent or be deemed forever waivedthe law; and barred. 

	You may not assign your rights and obligations	f. A statement by you, made under these Termspenalty of Use to any party,perjury, that the information in the notice is accurate and any purported attemptthat you are the copyright owner, or are authorized to do so will be null and void. We may free assign our rights and obligations under these Termsact on behalf of the owner, of Use.an exclusive right that is allegedly infringed. 

	You agree not to sell, resell, reproduce, duplicate, copy or use	Untappd’s copyright agent for any commercial purposes any portionnotice of this site, or useclaims of or access to this site.copyright infringement can be reached as follows: 

	In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.	Untappd, Inc. 

	If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.	Attn: Kurt Taylor 

	Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.	21 S Front St 

	20. ADDITIONAL INFORMATION	Wilmington, NC 28401 

	Untappd does not condone or support binge/excessive drinking. Untappd is not responsible for any activities that are the direct or indirect consequences of drinking alcohol and/or using this service. Please drink and use Untappd responsibly.	[email protected] 

	21. CONTACT INFORMATIONMISCELLANEOUS 

	Except as explicitly noted on this site,	These Terms constitute the services available through this site are offered byentire agreement between you and Untappd located at: PO Box 34659 Los Angeles, CA 90034. Ifrelating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you notice thatwithout the prior written consent of Untappd. No waiver of any user is violatingprovision of these Terms will constitute a waiver of Use, please contact us at [email protected].such provision in any prior, concurrent or subsequent circumstance, and Untappd’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
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