2. CHANGE IN THE TERMS OF SERVICE
3. OWNERSHIP OF THE BARFACTORY SERVICE
As between you and us, you own Your Content. We own our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, mobile applications, aggregate user review ratings, and all other elements and components of the BarFactory Service excluding Your Content, User Content and any other Content posted on the BarFactory Service. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the our Content and the BarFactory Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights and all rights in and to the BarFactory Service are retained by us.
4. USING THE BARFACTORY SERVICE
B. Permission to Use the BarFactory Service.
C. Site Availability.
The BarFactory Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You must create an account and provide certain information about yourself or your Business in order to use some of the features that are offered through the BarFactory Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You may never use another User’s account without permission. We reserve the right to close your account at any time for any or no reason.
You hereby agree that by creating, updating, and monitoring this profile that you are the owner of the said business (the “Business”) or have the explicit written consent of the Business authorizing you to handle the Business on behalf of the owner of the said Business, and that you are at least 18 years of age or older. You agree that we only authorize the owner of the Business or the agent of the owner to create, update and monitor this profile. If any dispute whatsoever arises due to the ownership or authorized agent for the ownership of any Business, we will suspend the profile at our discretion until we have investigated the dispute and made a determination in our sole discretion, and you hereby agree that we have the sole control over whether or not a profile of any kind will be displayed on the BarFactory Service. You agree on behalf of the Business that the Business will not use the BarFactory Service to promote or facilitate any activities that are considered illegal by local, state, and federal authorities with jurisdiction over the Business. You further agree on behalf of the Business that the Business does not and will not have any involvement whatsoever of any kind with any person under the applicable minimum drinking age in your jurisdiction, and in no event under age of 18, and understand acknowledge that if we learn of any involvement of the Business with any person under the age of 18 or under the applicable minimum drinking age in your jurisdiction, that we may (but are under no obligation) notify the local, state, and federal authorities with jurisdiction, regarding such involvement. By accepting these terms and conditions you agree that you will not permit any other person to use, update, or monitor this profile. In the event that you create an sign-in profile for other authorized agents of the Business (e.g., to help manage and handle online reservations, create or change products, post news, events, promotions), you agree that such agent will agree to these same terms and conditions prior to being granted access to your profile. In any event, you remain responsible for the conduct of that agent.
You also agree and state that you have the permission by local, state, and federal authorities to sell the products that you offer or will offer, or advertise to offer, on this site represented by a current certificate of occupancy, mercantile license, and/or health license issued by the relevant governing authority with jurisdiction. Furthermore, if you create a product for sale on this site that has alcohol or implies that it has alcohol as part of the sale, whether or not in conjunction with the sale of other products, you hereby agree that you are selling the alcohol in accordance with all local, state and federal laws regulating the sale of alcohol and that you have a valid license to sell that alcohol, and that you will not sell or advertise alcohol to any person under the minimum drinking age in your jurisdiction. You also hereby waive any liability associated with the sale of alcohol by us and agree to hold us harmless of any liability, and agree to defend us in any civil action that may arise at your sole cost. You further hereby state that you have an existing and current liquor liability insurance policy based on your actual gross receipts, and that if any judgment should be entered against us, that that judgment will be paid in full by your policy, and that you have added us to your insurance as an additional payee. You agree to follow all local, state, and federal rules regarding the serving of alcohol and will keep any records in support of the proper sale of alcohol. You hereby also agree that the products you create for sale through BarFactory Service or any other venue whatsoever are your products, not the products of ours, and will be created and offered for sale in accordance with all local, state, and federal laws. You may only create products for sale that include a reservation fee such as a table or bottle service, and agree that any product being sold and the fee collected is not in lieu of any other product or service.
It will be your sole responsibility to apply, charge, collect, account for and pay any and all local and/or state sales taxes applicable to the sales of the products your Business offers.
E. Business Promotion.
a. BarFactory Service may be utilized by your Business by
1. creating products and services on through the BarFactory Service (on your Business profile)
2. allowing Users to make reservations for tables, special events, etc.
F. Responsibility for Your Content
You agree not to transmit Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
You further agree that you will not use the BarFactory Service to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.
We take no responsibility and assume no liability for any of Your Content that you or any other User or third party posts or sends over the BarFactory Service. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the BarFactory Service.
G. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the BarFactory Service and any Other Media the right to access Your Content in connection with their use of the BarFactory Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
We and our licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You agree not to, and will not assist, encourage, or enable others to use the BarFactory Service to:
- Violate our content guidelines, for example, by writing a fake or defamatory review, trading reviews with other Businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the BarFactory Service's search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the BarFactory Service or any Content posted on the BarFactory Service (other than Your Content), except as expressly authorized by us;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the BarFactory Service or any Content posted on the BarFactory Service;
- Reverse engineer any portion of the BarFactory Service;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the BarFactory Service or on any materials printed or copied from the BarFactory Service;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the BarFactory Service for purposes of constructing or populating a searchable database of Business reviews;
- Reformat or frame any portion of the BarFactory Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the BarFactory Service;
- Attempt to gain unauthorized access to the BarFactory Service, user accounts, computer systems or networks connected to the BarFactory Service through hacking, password mining or any other means;
- Use the BarFactory Service or any Content posted on the BarFactory Service to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the BarFactory Service, or otherwise attempt to interfere with the proper working of the BarFactory Service;
- Use the BarFactory Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the BarFactory Service or Content posted on the BarFactory Service; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the BarFactory Service, features that prevent or restrict the use or copying of Content posted on the BarFactory Service, or features that enforce limitations on the use of the BarFactory Service.
INFORMATION YOU SUBMIT
We may store the information you submit to or through the BarFactory Service. We use the information to fulfill your requests, provide BarFactory Service functionality, improve BarFactory Service quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the BarFactory Service, please note: Account Registration: You must provide a valid email address in order to sign up for an Account on the BarFactory Service. In addition, you may provide us with your full name, gender, and birth date. When you sign up for an account, we opt you in to receive emails from other Users, Business owners and us by default. You can manage your email preferences and modify some of the information associated with your account by contacting us. Note that you cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal by contacting us.
Public Content: Your reviews, tips, photos, check-ins, message board posts, bookmarks, friends, lists, compliments, account profile (including your first name and last initial, but excluding your other account registration information), and other content you post to the BarFactory Service are meant for public consumption. We may display this content on the BarFactory Service, and further distribute it to a wider audience through third party sites and services.
Contacts: You can invite your friends to join the BarFactory Service by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the BarFactory Service, we may use and store your friends' contact information long enough to process your requests.
Credit Card Purchases:If you purchase Business advertising, Business products, or other products or services through the BarFactory Service, we may collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.
For more information on controlling your personal data, please see below.
INFORMATION WE COLLECT
In addition to the information you submit to or through the BarFactory Service, we also collect and store information from and about you in the course of your use of the BarFactory Service. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the BarFactory Service, and may use it to display relevant advertising.
Location: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
Activity: We may collect and store information related to you and your use of the BarFactory Service, such as your browser type, IP address, unique device identifier, the phone numbers and names of Businesses that you call through the BarFactory Service, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit.
We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. That said, we work with third parties and they may have access to some of your information:
Service Providers: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.
Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the BarFactory Service; or (c) protect our rights, reputation, property, or that of our users affiliates, or the public.
Links: the BarFactory Service may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
Facebook, Google Plus, Twitter: If you are logged into Facebook, Twitter, or Google Plus (“Social Networks”) and you access but are not logged into the BarFactory Service, we may receive information from the applicable Social Network to make it easier for you to create an account on the BarFactory Service and show you relevant content from your friends and followers at the applicable Social Network. This information personalizes your experience and helps you create an account. To learn more about this feature and how to block aspects of it, please click here. You can also connect your BarFactory account to your accounts on third party services like the Social Networsk, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.
CONTROLLING YOUR PERSONAL DATA
Other Users may be able to identify you, or associate you with your account if you include personal information in Your Content. You can reduce the risk of being personally identified by using the BarFactory Service pseudonymously, though doing so could detract from the credibility of your contributions to the BarFactory Service.
Please also note that the messages you send or receive using the BarFactory Service are only private to the extent that you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.
DATA RETENTION AND ACCOUNT TERMINATION
We will respond to requests relating to personal data sent from within the European Union according to the procedures mandated by the member state from where the request is sent.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
K. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BARFACTORY INC. AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND LICENSORS (COLLECTIVELY, THE “BARFACTORY INC. ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE BARFACTORY SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE BARFACTORY SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE BARFACTORY INC. ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BARFACTORY SERVICE, ITS SAFETY OR SECURITY, OR THE BARFACTORY SERVICE CONTENT. ACCORDINGLY, THE BARFACTORY INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE BARFACTORY INC. ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE BARFACTORY SERVICE OR THE BARFACTORY SERVICE'S USERS. ACCORDINGLY, THE BARFACTORY INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER END USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE BARFACTORY SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE BARFACTORY SERVICE IS AT YOUR OWN DISCRETION AND RISK.
THE BARFACTORY INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BARFACTORY SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BARFACTORY INC. ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
THE BARFACTORY INC. ENTITIES DISCLAIM LIABILITY AND SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. IN NO EVENT SHALL BARFACTORY INC. ENTITIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE BARFACTORY SERVICE OR THE CONTENT POSTED ON THE BARFACTORY SERVICE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE BARFACTORY SERVICE FOR RESERVATIONS), (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL END USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING END USERS TO THE BARFACTORY SERVICE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE BARFACTORY SERVICEE OR THE CONTENT POSTED ON THE BARFACTORY SERVICE. BARFACTORY INC. ENTITIES ARE NEITHER AGENTS OF NOR ARE CONNECTED WITH ANY BUSINESS FEATURED ON THE BARFACTORY SERVICE.
We may close your account, suspend your ability to use certain portions of the BarFactory Service, and/or ban you altogether from the BarFactory Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the BarFactory Service, Your Content, or any other related information.
5. END USER LICENSE GRANT
A. BARFACTORY SERVICE
B. MOBILE SOFTWARE
C. MOBILE SOFTWARE FROM APPLE APP STORE
D. MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET
A. USER DISPUTES
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
B. ENTIRE AGREEMENT / SEVERABILITY
C. NO WAIVER
D. THIRD PARTY BENEFICIARIES AND AGREEMENTS
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice.
F. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the BarFactory Service.
G. THIRD PARTY LINKS
I. GOVERNING LAW
The laws of State of California, excluding its conflicts-of-law rules, govern this Agreement. To the extent applicable, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the federal or state courts that govern Santa Clara County, California, and you expressly consent (to the extent applicable) to the exercise of personal jurisdiction of such courts in connection with any dispute, including any claim involving us or our affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
J. CONTACT US
Should you wish to contact us with any questions, complaints or claims with respect to the BarFactory Service, you should visit our website at www.barfactory.com or email us at firstname.lastname@example.org.