Last updated: April 30, 2009
I wish our pages about beer and wine were this long, but sadly, after facing down more than one legal threat over online content (yes, more than two as well), we opted to play it safe and include one of these here legal docs.
(This is the boring introduction)
Barnivore.com (and any subdomains) are part of the Better Network of websites, owned and operated by Thrust Labs. By using this site, you expressly understand and agree that:
a) A Better Network site and any related services is provided on an "as is" and "as available" basis. Thrust Labs makes no warranties, representations or conditions ("warranties") of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and
b) Thrust Labs specifically makes no warranties that a Thrust Labs site or any of the services, including any content, information, products or services obtained from or through the use of a Thrust Labs site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.
(This basically says we're not your doctor or lawyer, or whatever)
The Better Network sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Better Network site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Thrust Labs, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
(This says we may or may not know our own passwords)
(This says we might add jokes or Law to this here document at any time)
Thrust Labs reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a Better Network site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of a Better Network site and any of the Services immediately. Your continued use of a Better Network site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, Thrust Labs reserves the right to change, modify, suspend or discontinue any aspect of a Better Network site, Services or Content from time to time without notice or liability and for any reason whatsoever. Sometimes we do it just to make ourselves feel crazy.
(This says Beware of Internet)
Please exercise discretion while browsing the Internet. We're not egotistical enough to believe that this is the very first website you've ever been to, but this is one of those warnings that show up just because you don't want to be That Guy in court who forgot to remind everyone. Please note that certain links on a Better Network Site may take you to other websites. Thrust Labs provides these links only as a convenience and not as an endorsement by Thrust Labs. These linked sites are not necessarily under the control of Thrust Labs, but it would be awesome if they were. We're looking at you, McDonald's. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Thrust Labs is not responsible for the content of any such linked sites or any other web page which is not part of a Better Network Site and under Thrust Labs's control. Unless otherwise expressly provided, Thrust Labs makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Thrust Labs will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Better Network Site.
(This says no, really, Beware of Internet)
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Better Network Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Thrust Labs assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Thrust Labs shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
(This says don't be getting us sued now, y'hear?)
You agree to defend, indemnify and hold harmless each of Thrust Labs, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Better Network Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Better Network Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Better Network Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
(This says no, really, don't be getting us sued now, y'hear?)
You expressly understand and agree that in no event shall Thrust Labs, including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, sobriety, goodwill or other intangible losses, regardless or whether Thrust Labs had been advised of or could have forseen the possibility of such damages, arising out of or in connection with: a) the use, inability to use or performance of any of ther services of a Better Network site, b) any unauthorized access to or modification to any of your content or transmissions, or c) any of the services.
You expressly acknowledge that Thrust Labs has entered into this agreement, and has and will make a Better Network Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Thrust Labs. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
(This says we're Canadian, eh)
All Better Network Sites and Services are controlled, operated and administered by Thrust Labs from its offices within Canada. Thrust Labs makes no representation or warranty that a Better Network Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a Better Network Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Better Network Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
(This is the Arbitrations and Actions section mentioned above, but you aren't going to sue us anyway)
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Better Network Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
(This says we can ban people we don't like. We probably like you.)
You acknowledge and agree that Thrust Labs, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Better Network Site or any of the Services, and remove and discard any information or content related to a Better Network Site or any of the Services (and your use thereof), for any reason, including where Thrust Labs believes that you have violated any of these Terms and Conditions. You further agree that Thrust Labs shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Better Network Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Thrust Labs in operating a Better Network Site or any of the Services, your sole and exclusive remedy is to discontinue using a Better Network Site or any of the Services.
(This says we 0wnz ur emailz)
Thrust Labs is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them — but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Thrust Labs be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Thrust Labs, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Thrust Labs that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Thrust Labs is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Thrust Labs, without obtaining permission or license from any third party.
(This says laywers are paranoid, in case you didn't catch that already)
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Thrust Labs and you pertaining to your use of a Better Network Site, Services and Content and supercede any prior agreements between you and Thrust Labs with respect to the subject matter hereof. Thrust Labs's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
Thrust Labs is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thrust Labs may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from the date listed at the top of this page.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Booze submissions are credited by first name.
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
While all the stuff above is all well and good, we want to ensure that the information contained on this site outlives us, and we recognize that we put a lot of work into getting everything online, but a lot of the work was done by you, the reader, to get it to us in the first place.
Due to the constantly changing nature of the information on this site, we want to make sure that content that's used elsewhere (like on other sites, mobile applications, books, etc) guides the reader appropriately.
With that in mind, permission is hereby granted to duplicate the information about beers, wines, and liquors found on barnivore.com, subject to the following conditions:
- You must provide the date that you copied the information so that consumers can know how fresh the data is.
- You must provide a link back to the appropriate page on this site so that consumers can verify the latest data for themselves.
The above guidelines work best for websites. For books, applications, iPod guides, etc where formatting might be difficult and navigation to a website would not be necessary or practical, a single reference in an appropriate area would be sufficient.
Also, if you're making an app, don't use the name Barnivore or some clever derivation of it, and make it clear that you're not us, please. Based on our inbox, it's very easy for people to get confused.
Finally, if you use the content here, be sure to let us know so we can tell our friends about your project!