VIP MEMBERSHIP CONTRACT
By accepting this VIP membership contract you, the establishment you are representing and BarFactory hereby agree to be bound by the terms and conditions in this BarFactory VIP Membership Agreement. Please read carefully!
1. ACCEPTANCE OF TERMS
BarFactory provides the VIP membership service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you; provided that, we will not alter Section 7 ("Content Submitted to BarFactory VIP") without prior notice to and acceptance by you. Please note that a different Terms of Service governs other BarFactory services, outside of BarFactory VIP members. The period of this agreement coincides with the active length of the VIP membership or is nullified when either party terminates the membership.
2. DESCRIPTION OF SERVICE TO BE PROVIDED
BarFactory currently provides this fee-based service known as the VIP Membership to you and the establishment you are representing. This VIP Membership provides you access via the World Wide Web to a rich collection of on-line resources, your own web page known as the Barography™, a text link to your establishments website if one exists, mapping from third party vendors with location to your establishments, and priority listing in the search results of the appropriate local on BarFactory.com. (The "VIP membership"). You referring to your establishment can enhance your web page known as the Barography™ by including descriptive information about your respective establishment. In this VIP Membership it is the duty of you and the establishment you represent not BarFactory to maintain, enter, and create their own information regarding your establishments operations, address, telephone number, operating hours, events, happy hours, menu details, unless explicitly stated otherwise. Described below in section (2A) BarFactory offers support for the duration of the membership solely for the maintenance of your Barography, access to your VIP Membership and billing or payment concerns regarding your VIP Membership. Any new features that augment or enhance the current membership, including the release of new BarFactory VIP Membership resources, shall be subject to the TOS. BarFactory takes the information your provide on your behalf to our website(s), representatives and your consumers to be lawfully correct and the membership holder has the right or rights to this information. Upon agreement of these terms you consent that BarFactory may display this information. In order to use the VIP membership, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device that you or your establishment are responsible for operating, maintaining and purchasing. You must be at least 18 years of age to access and view such VIP Membership areas.
2A. DESCRIPTION OF SUPPORT SERVICES
BarFactory provides you with technical support via telephone, fax transmission and email exchanges during normal business hours (Monday through Friday 9am to 6pm E.S.T.) for the entire duration of your VIP Membership. This support entitles you to communicate by phone, fax or email BarFactory with your updated information on your establishment. BarFactory will assist you by entering the information you have communicated to us within 48 hours of receiving the information. This VIP Membership support maybe in the form of a telephone call back, returned email inquiry or returned fax to your establishment within 48 hours of your establishment contacting BarFactory. In regards to VIP Membership account access support, i.e. lost password, login failure or other access issues, a BarFactory Representative can be reached at normal business hours (Monday through Friday 9am to 6pm E.S.T.) to help you gain access to your account. VIP Membership account access is our highest level of priority to you our valued customer and all inquires will be handled immediately in within the normal business hours. In the event that the inquiry occurs after hours BarFactory will contact you at your earliest convenience the next business day. Phone support can be obtained by dialing 1-866-695-8443. Fax support can be obtained by 1-508-695-9431. Email support can be obtained by sending an email to support@barfactory.com.
3. YOUR REGISTRATION OBLIGATIONS
You must control the rights or be deemed the decision maker to your establishment. In consideration of use of the VIP Membership, you agree to: (a) provide true, accurate, current and complete information about yourself and establishment as prompted by the VIP memberships’ registration form (such information being the "Registration Data” and “Establishment Data”) and (b) maintain and promptly update the Registration Data and Establishment Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BarFactory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BarFactory has the right to suspend or terminate your account and refuse any and all current or future use of the VIP membership (or any portion thereof). In respect to PAYMENT you must provide and remit payment in full at the time of this agreement is to be signed. A valid credit card, business check or cash is an acceptable form of payment. The minimum term for participation is three hundred and sixty five days, which stands for one year of membership.
4. BARFACTORY’S VIP MEMBERSHIP REFUND POLICY
The VIP Membership in its entire is fully refundable within thirty calendar days of this signed agreement. After the thirty-day period has passed there will be no refund for this VIP Membership account.
5. BARFACTORY VIP MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or persons from which such Content originated. This means that you, and not BarFactory, are entirely responsible for all Content that you upload, post or otherwise transmit via the VIP Membership. BarFactory does not control the Content posted via the VIP Membership account and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the VIP membership, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, a BarFactory official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through VIP membership or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "Stalk" or otherwise harass another;
(m) Collect or store personal data about other users;
(n) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO BARFACTORY
BarFactory does not claim ownership of the Content you place on your BarFactory Barography™ page. By submitting Content to BarFactory for inclusion on your BarFactory Barography™ page, you grant BarFactory the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your BarFactory Barography™ page on BarFactory’s Internet properties. This license exists only for as long as you continue to be a BarFactory VIP member and shall be terminated at the time your VIP Membership is terminated.
You acknowledge that BarFactory does not pre-screen Content, but that BarFactory and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the VIP Membership. Without limiting the foregoing, BarFactory and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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.
8. INDEMNITY
You agree to indemnify and hold BarFactory, and its parents namely Global K-Oz Corporation and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the VIP membership, your connection to the VIP membership, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the VIP membership, use of the VIP membership, or access to the VIP membership.
10. MODIFICATIONS TO SERVICE
BarFactory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the VIP Membership (or any part thereof) with or without notice. You agree that BarFactory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the VIP membership.
11. TERMINATION
Either party, in its sole and absolute discretion, may terminate the Agreement with or without cause at any time during the term of your membership. You agree that BarFactory, in its sole discretion, may terminate your password, VIP membership, use of the VIP membership or use of any other BarFactory service, and remove and discard any Content within the VIP membership, for any reason, including, without limitation, for lack of use or if BarFactory believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BarFactory may also in its sole discretion and at any time discontinue providing the VIP membership, or any part thereof, with or without notice. You agree that any termination of your access to the VIP membership under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BarFactory may immediately deactivate or delete your BarFactory Barography Site and all related information and files in your BarFactory Barography Site and/or bar any further access to such files or the VIP membership. Further, you agree that BarFactory shall not be liable to you or any third-party for any termination of your access to the VIP membership.
12. ADVERTISEMENTS AND PROMOTION
BarFactory runs advertisements and promotions on BarFactory.net where your VIP membership resides. By creating your VIP membership, you agree that BarFactory has the right to run such advertisements and promotions. The manner, mode and extent of advertising by BarFactory on your BarFactory Barography™ page are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the VIP membership, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BarFactory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the VIP membership.
13. LINKS
The VIP memberships may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BarFactory has no control over such sites and resources, you acknowledge and agree that BarFactory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BarFactory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. BARFACTORY PROPRIETARY RIGHTS
You acknowledge and agree that the VIP membership and any necessary software used in connection with the VIP membership ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the VIP membership or advertisers. Except as expressly authorized by BarFactory or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the VIP membership or the Software, in whole or in part.
BarFactory grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the VIP membership. You agree not to access the VIP membership by any means other than through the interface that is provided by BarFactory for use in accessing the VIP membership.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARFACTORY 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.
(b) BARFACTORY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARFACTORY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARFACTORY 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 BARFACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. COPYRIGHTS
BarFactory respects the intellectual property rights of others and we ask our users to do the same.