1. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE.

2. You must be 21 years of age or older to use this web site.

3. This web site has been designed to comply with United States law. Plank Road Brewery does not represent that the content of this web site is appropriate for locations outside the United States. If you access this web site from locations outside the United States, you are responsible for complying with all applicable local laws.

4. The copyrights to all contents of this web site are proprietary to Plank Road Brewery or its third party licensors, and you may not reproduce, post on any other web site, modify, distribute or transmit any portion of this site without Plank Road Brewery’s express written consent. Any name, logo, trademark or service mark contained on this web site is owned or licensed by Plank Road Brewery and may not be used by you without the prior written consent of Plank Road Brewery. You may access this web site for your individual noncommercial use only. Any unauthorized use of the content of this web site may subject you to civil or criminal penalties.

5. Although Plank Road Brewery makes all reasonable efforts to ensure that the content of the web site is updated and correct, Plank Road Brewery makes no warranties as to its accuracy. ALL MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

6. IN NO EVENT SHALL PLANK ROAD BREWERY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY INFORMATION PROVIDED ON THIS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Any material or communication transmitted by you to this web site will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to Plank Road Brewery may be used by Plank Road Brewery in any manner, including reproduction, transmission, publication or broadcast without compensation.

8. You may not post or transmit to this web site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material.

9. Although this web site may be linked to other web sites, Plank Road Brewery does not endorse, approve, certify or sponsor the linked site unless specifically stated therein. Plank Road Brewery is not the owner of, does not control and is not responsible for any content of any web site linked to this web site. Your linking to other web sites is at your own risk.

10. You must obtain Plank Road Brewery’s permission to link this web site to your web site. Plank Road Brewery will only authorize links to sites when the majority of the actual audience of the site is 21 years of age or older.

11. You agree to the terms and conditions of Plank Road Brewery’s Privacy Policy.

12. You agree that any litigation between you and Plank Road Brewery arising from or pertaining to the use of this web site, any advertising associated with the web site, or any link accessible from or providing access to this web site shall be governed by Wisconsin law and that exclusive jurisdiction resides in the courts of the State of Wisconsin.

Plank Road Brewery Copyright Policy

[Plank Road Brewery] respects the intellectual property rights of others, and we ask our users to do the same. [Plank Road Brewery] may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been copied, framed or otherwise used on this web site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide [Plank Road Brewery]?s agent for notice of claims of copyright or other intellectual property infringement (?Copyright Agent?) the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of the material that you claim infringes on the intellectual property and the location of such material;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner?s behalf.

[Plank Road Brewery]?s Copyright Agent can be reached as follows:

By Mail:
     [Plank Road Brewery]
     [3939 W. Highland Blvd
     Milwaukee, WI 53208]
     By Phone: [414-931-2000]
     By Fax: [414-931-3732] (Attn: [copyright agent])
     By Email: [copyrightagent@mbco.com]

If [Plank Road Brewery] receives such a notification, [Plank Road Brewery] reserves the right to refuse or delete the allegedly infringing material.

After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act (?DMCA?), [Plank Road Brewery] will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. [Plank Road Brewery] will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide [Plank Road Brewery] with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:

1. the user?s electronic or physical signature;

2. identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;

3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. the user?s name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which [Plank Road Brewery] may be found and that you will accept service of process from the person who provided the initial notification of infringement.

Upon receipt of a proper counter-notification under the DMCA, [Plank Road Brewery] will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, [Plank Road Brewery] will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless [Plank Road Brewery]?s designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or [Plank Road Brewery] server.

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