BarFinder.com is an online community created to connect bar and club patrons with bar, club, restaurant, and pub owners throughout the country. User accounts, forums, and a detailed search engine allows users to search for, comment on, and discuss establishments listed on the barfinder.com web site (the "Site"), under certain terms and conditions.
ACCEPTANCE OF TERMS AND CONDITIONS THROUGH USE
AGREEMENT TO USER CONDUCT RULES
You agree to follow the barfinder.com User Conduct Rules, including but not limited to, not using this site any unlawful purpose. By using BarFinder.com you acknowledge that you are of legal drinking age in the United States of America, 21 or over.
By posting information in or using any communicative medium available to you on the site, you agree that you will not upload, post, or in any other way distribute any materials, including but not limited to text, images, files, data, or other information that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates barfinder.com policies.
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Constitutes unauthorized or unsolicited advertising, fowarded messages/chain letters, or any other form of unauthorized solicitation, including all forms of gambling.
- Contains software viruses or any other form of computer code, files, or programs that are designed or inteded to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; or to damage or obtain unauthorized access to any data or other information of any third party.
- Contains information, material, or pictures of any person who is not both older than eighteen(18) years old and over the age of majority in such person's state, province, or country of residence.
You also agree that you will not collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or communiciations. You further agree that you will not knowingly solicit or collect personal information from a child 17 years old or younger. While barfinder.com monitors reviews for listings, forums, message boards, comments, and all other forms of communicating on the site by users and members is the Users' responsibility, and does not reflect the opinion of barfinder.com or T&T Solutions LLC. We do also have the right at our discretion to remove any content that, in our judgement, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some users may find inappropriate or offensive. These other sites are not under barfinder.com's control, and you acknowledge that barfinder.com and T&T Solutions LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by barfinder.com or T&T Solutions LLC, or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- Grant barfinder.com and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose.
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by barfinder.com will not infringe or violate the rights of any third party.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us at: firstname.lastname@example.org.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify us at: email@example.com.
DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included in or available through this site (the "content") are provided as is and as available for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Barfinder.com, T&T Solutions LLC, subsidiaries, and licensors do not warrant that the content is accurate, reliable, or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Any material viewed, downloaded, or otherwise obtained through the use of this site is done solely at your own risk and discretion, and you will be solely responsible for any damage, personal injury or distress, damage to your CPU, or loss of data, that results from the viewing or downloading of any such material. Since some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
Under no circumstance shall barfinder.com, T&T Solutions LLC, members, or employees be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if barfinder.com has been advised of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, barfinder.com and T&T Solutions' liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to indemnify and hold barfinder.com, and its parent, T&T Solutions LLC, and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this site. Barfinder.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with barfinder.com and T&T Solutions LLC in asserting any available defenses.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION