Carolina Beverage Corporation, its affiliates and agencies (collectively, “Carolina Beverage” or “CBC”) operates this and other web sites (collectively, the “Sites”, and each, a “Site”). Your use of the Sites is conditioned on your acceptance of these Terms of Use (these “Terms ”). By accessing, using or browsing the Sites, you acknowledge and agree to be bound to these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, do not use this or any other Carolina Beverage Site.
Any use of the Sites which is inconsistent with these Terms is deemed unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting updated versions of these Terms. Check back from time to time to ensure you are aware of any updates or changes to these Terms.
All trademarks, service marks, and trade names on the Sites, including the Cheerwine marks (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, CBC or other owners that have granted CBC the right and license to use such Marks. CBC owns all rights, title and interest in the Sites, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including all intellectual property and proprietary rights. The Sites are copyrighted and are the property of CBC.
Your use of the Sites is limited to personal and non-commercial use. You may display and download onto a single personal computer and print in portions of the material from the Sites solely for your own personal, noncommercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, products or services obtained from the Sites.
By posting or uploading any video, comment, message, data, information, text, music, sound, photos, graphics, or other content (“Content”) to the Site, or by submitting the same to us with the knowledge that your submission may be uploaded by us, you (a) grant to CBC and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Content throughout the world; (b) grant CBC and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) the Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of these Terms.
Content submitted by users to CBC is deemed non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content or to attribute authorship of Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, use, modification, deletion and exploitation of the Content by CBC or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the Content; and (d) you release CBC from any claims that you could otherwise assert against CBC by virtue of any moral rights.
The Sites may offer the opportunity for you or others to post or submit video or audio content, and may also offer forums, blogs or bulletin boards in which you or others may post content, messages, materials or other items (collectively, the “User-Generated Content”) on the Sites. You are solely responsible for your use of such interactive areas of our Sites and you use them at your own risk. By submitting or uploading User-Generated Content, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b.Content that promotes illegal drug use, tobacco or firearms use;
c. Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
e. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Unsolicited advertising or links to other commercial sites;
g. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
i. Content that is unrelated to the topic of the interactive area(s) in which such Content is posted;
h. Viruses, corrupted data or other harmful, disruptive or destructive files;
j. Content that communicates messages inconsistent with the positive good will of CBC; or
k. Content that, in the sole judgment of CBC, is objectionable, or which may expose the Site or its users to any harm.
CBC takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CBC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. CBC is not liable for any statements, representations or Content provided by its users on the Sites. Although CBC has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area of the Sites, CBC reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Sites.
Any use of the Sites in violation of these Terms may result in termination or suspension of your permission to access or use the Sites.
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. (To contact us for any other reason, please use the http://www.cheerwinecorp.com link on the Sites.)
Please provide the following information in the following order:
1. A clear identification of the copyrighted work you claim was infringed.A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Sites, such as a link to the infringing material.
2. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
3. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Site should be emailed or mailed, at your choice, to to comments@cheerwine.com or to:
Carolina Beverage Corporation
Attn: Copyright Infringement Notice
1413 Jake Alexander Blvd. South
Salisbury, NC 28145
We recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Sites of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Updated August 27, 2009. ©Carolina Beverage Corporation. All rights reserved.