This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Last date of revision: October 10, 2016
STATEMENT OF RIGHTS AND RESPONSIBILITIES
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Bartenders411 Principles, and is our terms of service that governs our relationship with users and others who interact with Bartenders411, as well as Bartenders411 brands, products and services, which we call the “Bartenders411 Services” or “Services”. By using or accessing the Bartenders411 Services, you agree to this Statement, as updated from time to time in accordance with Sections below. Additionally, you will find resources at the end of this document that helps you understand how Bartenders411 works.
Because Bartenders411 provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Sharing Your Content and Information
You own all of the content and information you post on Bartenders411, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Bartenders411 (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Bartenders411, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Bartenders411, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Bartenders411 safe, but we cannot guarantee it. We need your help to keep Bartenders411 safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Bartenders411.
- You will not collect users’ content or information, or otherwise access Bartenders411, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Bartenders411.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Bartenders411 to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Bartenders411, such as a denial of service attack or interference with page rendering or other Bartenders411 functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Bartenders411 users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Bartenders411, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain and will use a Bartenders411 Page for such purposes.
- You will not use Bartenders411 if you are under 18.
- You will not use Bartenders411 if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same.
- You will not post content or take any action on Bartenders411 that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Bartenders411 if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Bartenders411.
- You will not tag users or send email invitations to non-users without their consent.
Special Provisions Applicable to Pages
If you create or administer a Blog, Group or Forum on Bartenders411, or run a promotion or an offer from your group, forum or blog, you agree to our Terms.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of the Bartenders411 Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Bartenders411 to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Bartenders411 exclusively in the U.S. District Court for the Southern District of California or a state court located in Orange County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Bartenders411, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Bartenders411 and are not responsible for the content or information users transmit or share on Bartenders411. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Bartenders411. We are not responsible for the conduct, whether online or offline, of any user of Bartenders411.
- WE TRY TO KEEP BARTENDERS411 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BARTENDERS411 AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BARTENDERS411 WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BARTENDERS411 WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BARTENDERS411 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BARTENDERS411, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BARTENDERS411 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BARTENDERS411’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Bartenders411 outside the United States:
- You consent to have 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 on Bartenders411 or operate a Platform application or website. You will not use Bartenders411 if you are prohibited from receiving products, services, or software originating from the United States.
- By “Bartenders411” or” Bartenders411 Services” we mean the features and services we make available, including through (a) our website at www.Bartenders411.com and any other Bartenders411 branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Bartenders411 reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Bartenders411 or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Bartenders411.
- By “content” we mean anything you or other users post, provide or share using Bartenders411 Services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Bartenders411 or provide to Bartenders411 through Platform.
- By “post” we mean post on Bartenders411 or otherwise make available by using Bartenders411.
- By “use” we mean use, run, and copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement makes up the entire agreement between the parties regarding Bartenders411 and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Bartenders411.
Our mission is to give people the power to share and make the world more open and connected. Every day, people come to Bartenders411 to share their stories, see the world through the eyes of others and connect with friends and causes. The conversations that happen on Bartenders411 reflect the diversity of a community of more than one billion people.
We want people to feel safe when using Bartenders411. For that reason, we’ve developed a set of Community Standards, outlined below. These policies will help you understand what type of sharing is allowed on Bartenders411, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our Community Standards.
Helping to Keep you Safe
We remove content, disable accounts, and work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety.
Encouraging respectful behavior
People use Bartenders411 to share their experiences and to raise awareness about issues that are important to them. This means that you may encounter opinions that are different from yours, which we believe can lead to important conversations about difficult topics. To help balance the needs, safety, and interests of a diverse community, however, we may remove certain kinds of sensitive content or limit the audience that sees it.
Keeping your account and personal information secure
We work hard to help keep your account secure and protect your personal information. By joining Bartenders411, you agree to use your authentic name and identity. You may not publish the personal information of others without their consent.
Protecting your intellectual property
Bartenders411 is a place for you to share the things that are important to you. You own all of the content and information you post on Bartenders411, and you can control how it is shared through your privacy and application settings. However, before sharing content on Bartenders411, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.
Our global community is growing every day and we strive to welcome people to an environment free from abusive content. To do this, we rely on people like you. If you see something on Bartenders411 that you believe violates our terms, please report it to us. We have dedicated teams working around the world to review things you report to help make sure Bartenders411 remains safe.
Governments also sometimes ask us to remove content that violates local laws but does not violate our Community Standards. If after careful legal review, we find that the content is illegal under local law, then we may make it unavailable only in the relevant country or territory.
Please keep the following in mind:
- We may take action anytime something violates the Community Standards outlined here.
- We may ask blog, groups, and forum owners to associate their name and Bartenders411 Profile with a Page that contains cruel and insensitive content, even if that content does not violate our policies.
- Reporting something doesn’t guarantee that it will be removed because it may not violate our policies.
- Our content reviewers will look to you for information about why a post may violate our policies. If you report content, please tell us why the content should be removed (e.g., is it nudity or hate speech?) so that we can send it to the right person for review.
- Our review decisions may occasionally change after receiving additional context about specific posts or after seeing new, violating content appearing on a Page or Bartenders411 Profile.
- The number of reports does not impact whether something will be removed. We never remove content simply because it has been reported a number of times.
- The consequences for violating our Community Standards vary depending on the severity of the violation and the person’s history on Bartenders411. For instance, we may warn someone for a first violation, but if we continue to see further violations we may restrict a person’s ability to post on Bartenders411 or ban the person from Bartenders411.