TERMS AND CONDITIONS

Effective Date: October 12, 2012

Welcome to the network of interactive websites and online services owned, operated, or provided by W.G. Barr Beverage Company, LP (“us” or “we”). These Terms of Use (“Terms”) govern your use of this website, our Facebook pages and accounts (www.facebook.com/twpitchers), our Twitter pages and accounts (www.twitter.com/twpitchers), our Instagram accounts (@twpitchers), our Tumblr pages and accounts (www.twpitchers.tumblr.com), our Vimeo pages and accounts (www.vimeo.com/twpitchers), our Flickr pages and accounts (www.flickr.com/twpitchers), our YouTube pages and accounts (www.youtube.com/twpitchers), www.twpitchers.com, and any other webpages or online services maintained or operated by us that link to these Terms (collectively, the “Services”). By accessing the Services, you represent that you are 21 years of age or older.

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted from the webpage or online service. You accept the Terms by using any of the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

User Submissions

You remain fully responsible for the materials that you provide to us, including without limitation images, photographs, videos, and comments (“User Submissions”). “Tagging” or including us or our brands in materials shared through the Services is considered a submission of a User Submission to us. You agree not to provide User Submissions that: infringe on the copyright, trademark, or other intellectual property rights of any third party; are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit; violate a third party’s right to privacy or publicity; or or violate applicable local, state, national, or international law. You may only submit User Submissions that are original, that you own, or that you otherwise have the right to submit. You grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms, including without limitation the right to use the individual’s likeness in our advertising and marketing activities.

You understand and agree that we are not responsible for any User Submissions. We are not obligated to publish or use your User Submissions. We may monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason.

You should never endanger yourself or others, take any unnecessary risks, or violate any laws when creating any User Submissions. WE ARE NOT RESPONSIBLE FOR ANY INJURY, DEATH, OR PENALTY TO YOU OR OTHERS THAT RESULT FROM YOUR ATTEMPTING TO OBTAIN OR CREATE USER SUBMISSIONS.

If you have any questions or concerns about User Submissions or would like further information on our User Submission practices, you may contact us at: Thomas Hester, 2480 Spring Mountain Road, Saint Helena, CA 94574, 415-999-2009, tommy@twpitchers.com

Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not: impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam); or engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, suppliers, or any other third party to any liability, damages, or detriment of any type. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

Copyrights

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Service are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Service, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of this Service without our written consent.

We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed; identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Our designated agent is: Thomas Hester, 2480 Spring Mountain Road, Saint Helena, CA 94574, Phone: 415-999-2009, Fax: 707-967-8576, thester@wgbarrbevco.com.

Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.

Links To Third-Party Content

The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.

Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.