Terms of Use
1. ACCEPTANCE OF TERMS
Bar Now, LLC is an internet service, consisting of bar-now.com, bar-now.org, and bar-now.net (the "Sites"), provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of any of the the other Sites constitutes agreement with the terms and conditions of use set forth herein (the "Terms").Bar Now, LLC reserves the right, at any time, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of the Sites following the posting of changes to these Terms will mean that you accept those changes.
Use of the Bar Now Site constitutes full acceptance of and agreement to the Terms; if a user does not accept Bar Now's Terms, he or she is not granted rights to use the Bar Now Site as defined herein, and should refrain from accessing the Bar Now Site.
Bar Now reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Bar Now Sites (or any part thereof). Bar Now shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using Bar Now Sites, you warrant to Bar Now that you will not use Bar Now Sites, or any of the content obtained from Bar Now Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Bar Now Sites automatically terminates.3. DESCRIPTION OF SERVICES
The Bar Now Sites are owned and operated by Bar Now, LLC for the purpose of informing, entertaining, and assisting in organizing gatherings among friends and acquaintances (the "Purpose"). Bar Now provides information on local bars, friends lists, calenders, drink lists, and other information related to the above.4. REGISTRATION OBLIGATIONS
When requested, each Bar Now Site user must: (1) personally provide true, accurate, current and complete information on the Bar Now Site's registration form ("Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Bar Now has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Bar Now may suspend or terminate that user's account and prohibit any and all current or future use of the Bar Now Site's (or any portion thereof) by that user other than as expressly provided herein.Each user will receive passwords and account designations upon completing certain Bar Now Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Bar Now cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Bar Now of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
Bar Now handles user Registration Data in accordance with the Bar Now Site's Privacy Policy [link this to Privacy Policy, if we have one].
5. CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Bar Now, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Bar Now Site. No user shall transmit Content or otherwise conduct or participate in any activities on Bar Now Site that, in the judgment of Bar Now, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.Bar Now reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Bar Now shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Bar Now, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Bar Now to protect the rights, property, or personal safety of Bar Now Site's users and the public. Bar Now does not control the Content posted to the Bar Now Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Bar Now be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Bar Now Site.
Each user, by using the Bar Now Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE Bar Now SITE:
Use, reproduction, modification, and other intellectual property rights to data stored on the Bar Now Site will be subject to licensing arrangements that may be approved by Bar Now as applicable to such Content.With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments, profiles, and user pages, the submitting user retains ownership of such Bar Now Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Bar Now. In each such case, the submitting user grants Bar Now the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Bar Now Site, use of the Bar Now Site, or access to the Bar Now Site.8. GENERAL PRACTICES REGARDING USE AND STORAGE
Bar Now may establish general practices and limits concerning use of the Bar Now Site. While Bar Now will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Bar Now has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Bar Now Site. Bar Now reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Bar Now reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.Every effort will be made to ensure all information provided is correct. In the event of a mistake, please inform the Site admin and it will be corrected.
9. TERMINATION
Bar Now may terminate a user's account in Bar Now's absolute discretion and for any reason. Bar Now is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an Bar Now Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.Bar Now's termination of any user's access to any or all Bar Now Sites may be effected without notice and, on such termination, Bar Now may immediately deactivate or delete user's account and/or bar any further access to such files or Content. Bar Now shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Bar Now reserves the right to delete, or not delete, a user's account at Bar Now's sole discretion, as well as to delete, or not delete, content at Bar Now's sole discretion.
10. LINKS
Bar Now, or a third party may provide links to other websites. Bar Now exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Bar Now shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.The Bar Now Site's Privacy Statement is applicable only when you are on the Bar Now Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Bar Now, and its affiliates and their respective officers, employees and agents, and each of Bar Now's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Bar Now Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.EACH USER'S USE OF THE BAR NOW SITE IS AT HIS OR HER SOLE RISK. THE BAR NOW SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BAR NOW ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BAR NOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BAR NOW MAKES NO WARRANTY THAT (i) THE BAR NOW SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ACTIONS TAKEN BY SOMEONE AFTER READING THIS SITE. EXCLUDING ONLY DAMAGES ARISING OUT OF BAR NOW'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BAR NOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAR NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY BAR NOW SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BAR NOW SITE; OR ANY OTHER MATTER RELATING TO THE BAR NOW SITE. IN NO EVENT SHALL BAR NOW'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN BAR NOW AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, BAR NOW DOES NOT AND CANNOT CONTROL THE ACTIONS OF BAR NOW SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE BAR NOW SITE. OPERATION OF THE BAR NOW SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY BAR NOW.
BAR NOW IS NOT RESPONSIBLE FOR USERS WHO VIOLATE LOCAL LAWS WITH RESPECT TO UNDERAGE DRINKING. AS A WHOLE, WE REQUIRE YOU TO BE AT LEAST OLD ENOUGH TO LEGALLY DRINK IN YOUR NATION OF RESIDENCE. BAR NOW DOES NOT ENCOURAGE ANYONE TO BREAK THESE LAWS. INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY.