Terms of service

Welcome to the Internet site of MobCraft Beer INC.

PLEASE NOTE THAT YOUR USE OF THE MOBCRAFTBEER.COM SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE” or “AGREEMENT”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS MOBCRAFTBEER.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE MOBCRAFTBEER.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY MOBCRAFT BEER INC FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE MOBCRAFTBEER.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

User Obligations

You agree not to do any of the following while using the Mobcraftbeer.com Site:

• Intentionally or unintentionally violate any applicable law or regulation.
• Access, tamper with, or use nonpublic areas of the Mobcraftbeer.com Site or MobCraft Beer INC computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• Frame or link to the Mobcraftbeer.com Site except as permitted in writing by MobCraft Beer INC.
• Upload or copy written recipes or recipes for commercially produced beers.
• Create a bot to submit votes or vote more than once per person.

The Sale of Alcoholic Beverages

MobCraft Beer INC and its retail partners do not sell alcohol to persons under the age of 21. By using this site you affirm that you are over the age of 21. MobCraft Beer INC and its retail partners make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site or the sites of our retail partners, you are acknowledging that the person receiving a shipment of alcoholic beverages from our retail partners, or picking up from any retail location is over the age of 21. You also agree that any alcohol purchased from MobCraft Beer INC or its retail partners is intended for personal consumption and not for resale.  If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Mobcraftbeer.com and its retail partners will prosecute you fully to the extent allowable by law.

General Disclaimers

MobCraft Beer INC is not responsible for any incorrect or inaccurate information, opinions, or other content (“Content”) posted on Mobcraftbeer.com (“Website”) or in connection with Website functionality and operation (“Services”), whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by members on the Website may contain links to other Websites. MobCraft Beer INC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MobCraft Beer INC.  Inclusion of any linked Website on the Services does not imply approval or endorsement of the linked Website by MobCraft Beer INC. When you access these third-party sites, you do so at your own risk.  MobCraft Beer INC takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. MobCraft Beer INC is not responsible for the conduct, whether online or offline, of any user of the Services. MobCraft Beer INC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. MobCraft Beer INC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall MobCraft Beer INC be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a MobCraft Beer INC event, from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and MobCraft Beer INC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MobCraft Beer INC cannot guarantee and does not promise any specific results from use of the Services.

Parental Control Protections

As required by the Communications Decency Act of 1996, MobCraft Beer INC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. MobCraft Beer INC does not sponsor or endorse any of these companies or their services.

Protection of Content Provided by MobCraft Beer INC and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the Mobcraftbeer.com Site (“Site Content”) are copyrighted materials owned by or licensed to MobCraft Beer INC. The Site Content may contain trademarks, service marks and trade names which are owned by MobCraft Beer INC and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by MobCraft Beer INC, its affiliates, or third parties. “MOBCRAFT ” is a trademark of MobCraft Beer INC. Unless authorized in writing by an officer of MobCraft Beer INC, MobCraft Beer INC’s trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mobcraftbeer.com or MobCraft Beer INC. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of MobCraft Beer INC or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Mobcraftbeer.com website. Nothing contained in the Mobcraftbeer.com website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of MobCraft Beer INC, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to MobCraft Beer INC, its affiliates, and/or any third party, as applicable.

User Uploaded Content

All recipes and ideas for recipes uploaded to Mobcraftbeer.com are the property of MobCraft Beer INC. MobCraft Beer INC holds the rights to produce any beer ideas for commercial sale. By using Mobcraftbeer.com you agree that any recipe or idea for a beer is of your own creation, not copied from a recipe book, taken from a home brewing site, clone of a commercially produced beer, commercially sold kit, or any other non-original means

Notices

MobCraft Beer INC will give you any necessary notices by posting them on the Mobcraftbeer.com Site. You authorize Mobcraftbeer.com to send notices via electronic mail as well if MobCraft Beer INC decides, in its sole discretion, to do so. You agree to check the Mobcraftbeer.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Mobcraftbeer.com Site.

Member Disputes

You are solely responsible for your interactions with other MobCraft Beer INC Members. MobCraft Beer INC reserves the right, but has no obligation, to monitor disputes between you and other Members.

Disclaimer of Warranties

ALTHOUGH MobCraft Beer INC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE MOBCRAFTBEER.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE MOBCRAFTBEER.COM SITE. MOBCRAFT BEER INC DOES NOT WARRANT THAT YOUR USE OF THE MOBCRAFTBEER.COM SITE, OR THE OPERATION OR FUNCTION OF THE MOBCRAFTBEER.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE MOBCRAFTBEER.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. MOBCRAFT BEER INC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MOBCRAFTBEER.COM SITE. THE MOBCRAFTBEER.COM SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL MOBCRAFT BEER INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOBCRAFTBEER.COM SITE, THE USE OR PERFORMANCE OF THE MOBCRAFTBEER.COM SITE, THE DELAY OR INABILITY TO USE THE MOBCRAFTBEER.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MOBCRAFTBEER.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MOBCRAFTBEER.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOBCRAFTBEER.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBCRAFTBEER.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBCRAFTBEER.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MOBCRAFTBEER.COM’S LIABILITY OR YOUR REMEDIES.

You agree to indemnify and hold MobCraft Beer INC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes MobCraft Beer INC to be liable to another.

Privacy Policy

Your use of the Mobcraftbeer.com Site is governed by the Mobcraftbeer.com Privacy Policy.  By agreeing to these terms of service, you also agree to be governed by the Mobcraftbeer.com Privacy Policy.  The Privacy Policy of Mobcraftbeer.com is hereby incorporated into this Agreement.

Termination of your Mobcraftbeer.com Account

MobCraft Beer INC may terminate your Mobcraftbeer.com Account with or without cause at any time effective immediately.

Force Majeure

MobCraft Beer INC shall be excused from performance under this Terms of Service if MobCraft Beer INC is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any circumstance beyond the control of MobCraft Beer INC.

Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from MobCraft Beer INC, Limitation of Liability, General Disclaimers, Indemnity and General Provisions.

General Provisions

You agree that MobCraft Beer INC and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Mobcraftbeer.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MobCraft Beer INC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MobCraft Beer INC in writing. The Terms of Service, along with the Mobcraftbeer.com Privacy Policy, comprises the entire agreement between you and MobCraft Beer INC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of MobCraft Beer INC. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of MobCraft Beer INC shall be null and void. These Terms of Service will inure to the benefit of MobCraft Beer INC’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

Return Policy

We are committed to ensuring customer satisfaction with our products and services. If we made an error by sending you an incorrect item, or if you received a damaged or otherwise flawed item, please email us. Please provide your order number and explain the reason for your dissatisfaction. We will quickly respond and make every effort to offer a fair solution.

As with any food/beverage product, taste is personal and an exchange cannot be made on the basis of taste. Beer is also an agricultural product, and as with any such product, variation from bottle to bottle or vintage to vintage cannot be the basis of an exchange.

All sales are final. By pre-ordering you are pre-authorizing your card to be charged if the beer wins or if you have elected to receive the winning beer or if you have pre-ordered the beer after the voting round has concluded before the beer is released. Production time varies per batch, and length of production time cannot be controlled thus will not be a basses for issuing a refund.

The voting period spans 3 weeks, from the first through the 21^st of each month. Once the winner is named you can expect most of the beers we make to be brewed and packaged in 6 weeks. We say “most” because some beers take longer that others, our higher ABV beers take an extra week, lagers take about 6-8 weeks, and barrel aged beers upto a year or more.

Failure To Collect Your Order

Upon the release of a beer that you have placed a pre-order for you will receive an email, sent to the email address used to set up your account, notifying you to pick up your beer. Be sure to have MobCraft – beer@mobcraftbeer.com added to your contacts to avoid the emails being flagged as spam. You have one month following the release of the beer to pick up your beer from the designated pick-up location. After the designated pick-up time has passed MobCraft has the right to redistribute the beer.

Disputes

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Wisconsin.  Either MobCraft Beer INC or you may demand that any dispute between MobCraft Beer INC and you about or involving the Services described herein must be settled by arbitration utilizing the dispute resolution procedures according to Wisconsin laws, provided that the foregoing shall not prevent MobCraft Beer INC

Subscriptions

By purchasing a subscription you authorize your card to be charged upon the bottling of each batch of beer for the duration of your subscription term. The first beer you will receive will be the next beer to be bottled after your initial subscription payment. Subscriptions cannot be transferred between pickup and shipped, as shipped beer is purchased and delivered from an online retailer. Promotional subscription items provided by MobCraft Beer INC will only be distributed with your first subscription. If you cancel your subscription and re-subscribe, or re-subscribe after your first subscription has run out you will not be eligible to receive additional promotional items.

Gifts 

Beer purchased as a gift must be for someone at least 21 years of age. All pickup orders must be picked up by the person for whom they were purchased for, and the person must present a valid ID upon pickup.

Purchases Made through online liquor stores

All purchases made through online retailers are subject to the Terms of Service that retailer.

The Beer Temple Terms of Service

The Terms of Service were updated December 28, 2016