The Service is about alcoholic beverages and is intended only for people who are at least 21 years old and of legal drinking age where they live. By using the Service you represent that you meet this requirement. We ask for your date of birth when you create an account and will not open an account for anyone under 21. If we learn that a user is under 21, we will close the account and delete its information.
Field Notes is a tool for appreciating spirits, wine and beer, not for encouraging consumption. Please drink responsibly, know your limits, and never drink and drive. Tasting pours at Bird Creek events and tasting rooms are served at our staff’s discretion and in line with Oregon law and OLCC rules. Nothing in the Service is medical or health advice. Do not use the Service while operating a vehicle.
You own your notes. The scores, flavor selections and words you enter (“Your Content”) remain yours.
The license you give us. So that we can run the Service, you grant Bird Creek a non-exclusive, worldwide, royalty-free license to store, copy, process and display Your Content to provide the Service to you, including syncing your journal across devices, building your palate profile, recommending bottles, and emailing your notes when you ask. You also permit us to use Your Content in aggregated or de-identified form, combined with other users’ data so that it does not identify you, to understand flavor preferences, improve our products and the Service, and share general findings (for example, “guests most often find honey and pear in Baronesse”). We will not publish your name or identifiable notes without your permission. This license ends when you delete Your Content or your account, except for aggregated or de-identified information and backups kept for a limited time.
Your responsibility. Do not enter anything you do not have the right to share, and do not include other people’s personal information in your notes.
The Service lets you share Field Notes by text, link or email invitation. Only invite people you know who you reasonably believe are 21 or older and would welcome the message. When you enter a friend’s email address, you confirm you have their permission to share it with us for the purpose of sending that invitation. We use invite codes to credit your invitations. We do not add invited friends to marketing lists unless they sign up and opt in.
You agree not to:
Scores, palate profiles and “matches” are generated from your own ratings and our tasting notes. Taste is subjective, and recommendations are provided for enjoyment, not as a promise you will like a bottle. Product descriptions, prices, availability and links to our store may change and may contain errors; the information on our store at the time of purchase controls. Purchases are subject to our store’s terms and to the laws on alcohol sales and shipping where you live.
The Service, including its design, software, flavor wheels, scoring method, text, graphics, and the Bird Creek Whiskey and Field Notes names and logos, is owned by Bird Creek or its licensors and protected by intellectual property laws. We grant you a personal, limited, non-transferable, revocable license to use the Service for your own non-commercial use in line with these Terms. You may print your own tasting cards for personal use. You may not copy, modify, distribute, sell or reverse-engineer any part of the Service, or use our names or logos, without our written permission.
If you send us ideas or suggestions, we may use them without any obligation to you.
The Service relies on and links to services run by others, including our hosting provider, our email delivery provider, and our online store. Their services are governed by their own terms and privacy policies, and we are not responsible for them. Links to other websites are for convenience only.
We may suspend or close your account, or limit your access, if you break these Terms, if we must do so to comply with law, or to protect the Service or other users. Where reasonable we will tell you why. You may stop using the Service at any time and delete your account in the app. Sections 5 (license to aggregated data), 9, and 13 through 18 survive termination.
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Bird Creek disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that your notes will never be lost. Keep your own copy of anything important; members can download their notes as a spreadsheet.
To the fullest extent permitted by law, Bird Creek and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits or goodwill, arising out of or related to the Service, even if advised of the possibility of such damages. Our total liability for any claim arising out of or related to the Service will not exceed the greater of (a) the amount you paid us for Bird Creek Whiskey Club membership in the twelve months before the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including for gross negligence, willful misconduct, or death or personal injury caused by negligence.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Bird Creek and its owners, employees and agents from claims, losses and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service, Your Content, or your violation of these Terms or of law.
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law rules. Before filing any claim, you agree to contact us at info@birdcreekwhiskey.com and give us 30 days to try to resolve it informally. If we cannot, any claim must be brought in the state or federal courts located in Multnomah County, Oregon, and you and we consent to their jurisdiction, except that either of us may bring an individual claim in small claims court where it qualifies. Any claim must be brought within one year after it arises, unless a longer period is required by law.
We may update these Terms from time to time. We will post the new version here with a new “Last updated” date, and if a change is material we will notify members in the app or by email before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.
These Terms and our Privacy Policy are the entire agreement between you and Bird Creek about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition or sale of assets. Headings are for convenience only.
Wilderness Distillery LLC
dba Bird Creek Distillery
Portland, Oregon
info@birdcreekwhiskey.com
birdcreekwhiskey.com