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  • BrewArt Community Terms of Use

     

    BrewArt is owned and operated by Coopers Brewery Limited ACN 007 871 409 (referred to in these Terms of Use as ‘we’, ‘us’, ‘our’ or ‘BrewArt’). The BrewArt Community Site is a place where we can come together and discuss the art of brewing with the BrewArt system while sharing a few laughs. Think of it as an online BrewArt lounge where BrewArtists can catch up with each other. A place where we can all be comfortable in each other’s company. Behaviour that we consider is contrary to these guidelines may result in a BrewArt account holder (‘member’) being warned or even removed from this community, with their account terminated.

    While everyone who is of legal drinking age in their country of residence is welcome, there are a few rules you need to be aware of – especially if you’re posting comments, or sharing pictures, links or videos. We encourage our members to submit comments, photos, and videos. However, we will remove any content that is inappropriate, offensive, may infringe any of the rights of another party, appears to be for the purpose of commercial promotion or promotes the excessive or irresponsible consumption of alcohol.

    By signing up for a BrewArt account, you warrant and represent to us that you:

    (1) are of legal drinking age in your place of residence; and

    (2) have read, understood, and accept these Terms of Use.

    If you are not of legal drinking age, or do not agree with any part of these Terms of Use at any time, you must not create a BrewArt account or must cancel your account (as appropriate).

    By signing up for a BrewArt account you also agree that you will upon request immediately indemnify us against any claims made against us or any of our officers, employees or associated entities, and all losses and damages sustained by us or any of our officers, employees or associated entities (whether directly, indirectly, consequentially or in any other way) arising from or otherwise connected to your breach or failure to comply with any of these Terms of Use.

    All comments, visuals, videos and other type of material posted by members on this community forum are not to be regarded as reflecting the opinions or ideals of us, our officers and employees, or affiliates. We do not represent or warrant the accuracy of any statement, product claims, views or other representations appearing on this forum, and do not approve or endorse any statements or opinions expressed on this forum, or any material (including but not limited to audio-visual files and links to third party sites) posted to this forum or disseminated via this community.

    Please note that as per the Advertising Standards Bureau guidelines, we may be held responsible for user content posted on this community. We ask our users to please bear this mind when posting. We require, as a condition of use, that users will not post any materials that fall into any of the following categories and may immediately, without warning, remove any materials that:

    a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as intellectual property rights, or any rights of privacy and publicity that may exist) of others.

    b) Defame or are disparaging of, or otherwise negative towards, our competitors.

    c) Do not comply with the ABAC Responsible Alcohol Marketing Code (available here: https://www.abac.org.au/publications/thecode/).

    d) Publish, post, distribute or disseminate any material or information that is, or may reasonably be regarded as potentially defamatory, infringing of the rights of another, obscene, offensive, indecent, misleading or unlawful, or any material that harasses or vilifies any person or groups of people.

    e) Upload, attach or link to files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents from the owner of the rights.

    f) Upload, attach or link to files that contain viruses, corrupted files, spyware, or any other similar software or programs that may damage, hinder or negatively affect in any way the operation of another's computer, or allow unauthorised access to it.

    g) Delete any author attributions, legal notices or proprietary designations or labels, or similar, in any file that is uploaded or made available in accordance with these guidelines.

    h) Falsify the origin or source of software or other material contained in a file that is uploaded, or otherwise made available in accordance with these guidelines.

    i) Appear to be advertising, commercial, or promotional in nature.

    j) Present an immature, unbalanced or irresponsible approach to the consumption of alcoholic beverages or any other regulated substances.

    k) Encourage or promote offensive behaviour, misuse or abuse of or excessive consumption of alcohol beverages or any other regulated substances.

    l) Encourage underage drinking or have a strong or evident appeal to children or adolescents.

    m) Suggest that the consumption or presence of alcoholic beverages can change a mood or environment.

    n) Show or portray the consumption or presence of alcoholic beverages as leading to personal, business, social, sporting, sexual or other success.

    o) Imply or suggest that an alcoholic beverage shown as part of a celebration was a cause of the success or achievement.

    p) Suggest that the consumption of alcoholic beverages offers any therapeutic benefit or is a necessary aid to relaxation.

    q) Associate consumption of alcoholic beverages with operating a motor vehicle, boat or aircraft or engaging in any sport or potentially hazardous activity.

    r) Challenge or dare people to drink or sample a particular alcoholic beverage.

    s) Contain any inducement to prefer an alcoholic beverage because of its higher alcohol content or intoxicating effect.

    t) Depict people that appear to be aged under 25 unless they are shown in natural situations (e.g. family barbecue, licensed family restaurant) where there is no implication they will consume or serve (or be served) alcoholic beverages.

    u) Challenge or bring the ABAC Scheme into disrepute.

    v) Depict illegal or unlawful activity.

    w) Do not comply with community standards of taste and decency, particularly as to discrimination, vilification, objectification of people, violence, sex sexuality or nudity, language, health and safety.

    We retain ultimate discretion to remove or edit any post or member profile if it is in breach of these Terms of Use or is otherwise objectionable. We also reserve the right to cancel your account and file a report with relevant regulatory authorities if deemed necessary. BrewArt may or may not give a member a warning prior to undertaking any of these steps.

    Each member is solely responsible for all activity that occurs within the public and private aspects of the BrewArt Community Site under their account. Therefore, you should take all steps necessary to keep your account password secure and confidential, and regularly update it.

    The public forums of the BrewArt Community Site are monitored during the hours of 9am to 4pm ACST from Monday to Friday excluding public holidays. Posts and responses to user generated posts will be made during these times. If you would like us to respond to a query relating to BrewArt, please tag @BrewArtTeam in your post.

    Should you wish to make us aware of any content that may be deemed unacceptable for any reason (including for the reason that it may be a breach of these Terms of Use or infringe the rights of another party) you can click on the ‘Report post’ link located in the top right corner of each post.

    The BrewArt Community also permits members to send private messages to each other. We cannot see or review these messages and is not in any way to be considered or deemed responsible for the content of any such messages, or any consequences resulting from private messages between Community members. You are solely responsible for resolving any disputes you may have with other users of the BrewArt Community. Despite this, if you are concerned about anything conveyed to you by another member via private message, or have any other concerns regarding your membership, please notify us by emailing community@brewart.com.

    We endorse the responsible consumption of alcohol.  Get the facts at drinkwise.org.au.

    The Community Site forms part of the overall BrewArt Website (Site). These Community Terms of Use should be read in conjunction with the BrewArt Website Terms (Site Terms), which also apply more generally to your use of this Community Site (as part of the Site). We reserve the right to amend these Terms of Use, the Site Terms, and any content or feature of this Site from time to time without notice to you. Unless we state otherwise, any amendments will be effective immediately (but will not in any circumstances be retrospective in effect).

    You acknowledge and agree that these Terms of Use are governed by, and shall be construed in accordance with, the laws of South Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia and the South Australian division of the Federal Court of Australia, and the courts of appeal from them. You may not object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.

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