TERMS OF USE
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE IN ANY WAY, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF USE AND COMPANY'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO SUCH TERMS OR ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, THEN YOU MUST LEAVE THIS SITE IMMEDIATELY.
1. ACCEPTANCE OF THE TERMS OF USE. Welcome to TipsyBartender.com ("Website"). By accessing this Website, you affirm your agreement to abide by the terms, conditions, notices, disclaimers, and other provisions, found herein and throughout the Website, which may be updated from time to time without notice (collectively referred to hereinafter as the "Terms of Use"). You accept that this is a legally binding electronic contract and you agree to periodically check for, and be bound by, any future modifications to the Terms of Use. The Terms of Use constitute a binding contract between you ("User", "you", "your"), and Tipsy Bartender, Inc., its representatives, designees, licensees, and assigns ("we", "us", or "our"), regarding your access and use of the Website. If you do not agree with the Terms of Use, you may not access the Website or use any of its information, and you must immediately exit.
2. AGE REQUIREMENTS. This Website is intended for individuals of legal age (21 years old) who can consume alcohol. We do not encourage the sale or use of alcohol by persons underage. If you are underage (in your particular State), then you must immediately exit the Website. By registering with this Website, you represent that you are of legal age to form a binding contract. Our Website is intended for adults. It is not for minors and we continuously use our best efforts to avoid violating any applicable laws and regulations regarding minors, including compliance with the Children's Online Privacy Protection Act (COPPA) and other similar laws.
3. REGISTRATION AND USE INFORMATION.a. Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. If we issue you a username and/or password, you may not reveal it to anyone else. You should never publish, distribute, or post login information for your account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
b. Non-commercial Use by Users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not register as a user and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
c. Your Interactions with Other Website Users. You are solely responsible for your interactions with other users that you may meet on the Website and you assume all risks associated with online and off-line interactions with others. You understand that we do not in any way screen users, and we do not inquire into the backgrounds of any user or attempt to verify their statements. We make no representations or warranties as to the conduct of any users. In no event shall we be held liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or related to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Website users, or with persons whom you may meet indirectly from your use of the Website. You agree to take reasonable precautions in all interactions with other Website users, particularly if you decide to interact offline or in person.
d. Voluntary Account Termination. You shall have the ability to delete your Account, either directly or through a request made to one of our employees. If you wish to delete your account, all provisions of this Terms of Use which by their nature should survive account termination shall survive termination, including, indemnity, warranty disclaimers, and limitations of liability.
4. WEBSITE INTELLECTUAL PROPERTY.a. Our Content. This Website contains a combination of our proprietary information, our intellectual property, and user content contributions. We hereby own and reserve all rights in our proprietary information and our intellectual property, including but not limited to all text, photographs, graphics, images, illustrations, animations, audiovisuals, audio, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the "Content") within all territories of the universe in perpetuity. The Content includes logotypes, trademarks and service marks, whether or not registered (collectively "Marks") owned by us, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance in writing by the Mark owner. You hereby waive any so-called "moral rights" pursuant to any territories' directives and/or enabling or implementing legislation, laws or regulations whatsoever. You may not reproduce, distribute, display, modify, publish, transmit, perform, sell or otherwise use the Content without our prior written permission.
b. Other Users Content. Opinions, advice, statements, offers, or other information or content contributed by users to the Website are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user.
5. USER POSTINGS AND INTERACTIVE AREASa. Granted Rights. Our posting and interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share information. By you posting information or content to the Website, you automatically grant to us and our users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us additional rights in connection with such features or programs. You represent and warrant that you have the right to grant the foregoing rights.
b. No Obligation To Monitor. We do not have the ability to monitor all of the material posted or transmitted by users and third party information providers. You are solely responsible for, and assume all liability regarding, (i) the information and content that you contribute to the Website; (ii) the information and content you post, transmit, publish, or otherwise make available on the Website; and (iii) your interactions with other Website users. To protect your safety, we advise you to use your best judgment when using these forums. We particularly discourage divulging financial information, personal phone numbers and addresses or other information that can be used to identify or locate you. Blogs, interactive areas and other postings are intended to encourage discussion about topics that interest the users. You understand that you are participating in a community that is intended for all our users. Therefore, we reserve the right to delete, move or edit any content posted on the Website at any time for any reason, but we have no obligation to review or remove any such content. Decisions as to whether content violates the law or the spirit of the Website will be made by us in our discretion after we have actual notice of such posting. Without setting forth an exhausted list of inappropriate content, the Website is not intended to contain material or language that: 1) is vulgar, profane, abusive, contains epithets or slurs, text or illustrations in poor taste, inflammatory attacks; language that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any person or entity, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; 2) violates any of our rights or the rights of any third party; 3) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; 4) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; 5) unfairly interferes with any third party's uninterrupted use and enjoyment of this Site; 6) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; 7) uploads intellectual property or other proprietary material of any kind on the Website without the express permission of the owner of that material; 8) uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Use; 9) includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; 10) uploads or transmits viruses or other harmful, disruptive or destructive files; 11) disrupts, interferes with, or otherwise harms or violates the security of this Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites; or 12) "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects, 13) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming").
6. REPRESENTATIONS AND WARRANTIESYou hereby represent and warrant to us: (a) that you have the full power and authority to enter into and perform under these Terms of Use, (b) your use of our Website will not infringe on the intellectual property rights, right of publicity or any other legal right of any third party, including your submissions, postings, and other contributions to the Website, and (c) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms of Use, including, without limitation, contacting other users of the Website.
7. DISCLAIMER AND LIMITATIONS ON DAMAGES.a. Disclaimers. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEBSITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, INTEGRITY, QUALITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, WHETHER PROVIDED BY US, A USER, OR ANOTHER THIRD PARTY. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. WE MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
b. Limitations on Damages. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE THAT YOU MAY HAVE PAID TO US FOR ACCESS TO THE WEBSITE, AND IN NO EVENT SHALL THAT AMOUNT BE GREATER THAN $25.00.
8. INDEMNITY. You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
9. MISCELLANEOUS PROVISIONS.a. Violation of Terms. You agree that if you violate the Terms of Use that we have the right to terminate your account without notice and we shall have no further obligation to you. If we do not act to enforce a breach of this Terms of Use, that does not mean that we have waived our right to enforce any of the provisions."
b. Access Fees. You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet Service Provider (ISP) or mobile data carrier.
c. No Access Where Prohibited By Law. This Website may not be used where prohibited by law. The content in this Website is not intended to violate any obscenity laws, specifically it is not intended for the average person, applying contemporary community standards to find it appealing to a prurient interest, it is not intended to be patently offensive as defined in your jurisdiction, and it is not intended to lack serious literary, artistic, political, or scientific value.
d. Foreign Access. This Website is controlled, operated and administered by us from our offices within the United States. We make no representation that the content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Website or export any content in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you assume sole responsibility for compliance with all applicable U.S. and local laws.
e. Reservation of Rights. We reserve the right to modify (including modify any product or service pricing), suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.
f. Advertisements. You understand that our Website may include advertisements.
g. Confidentiality. You understand that certain information that you are exposed to or otherwise learn from accessing the Website shall be deemed confidential, unless it is public knowledge, and you agree to hold such information in confidence in perpetuity.
h. Communication With Us. All communications with us should be e-mailed to: admin@tipsybartender.com. We will use our best effort to read and respond to your e-mail in a reasonable time. You shall not harass, annoy, intimidate or threaten us, or any of our employees, agents or associates, whatsoever.
i. Prohibited Activities. Unauthorized access to the Website is a breach of these Terms of Use and a violation of the law. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Website, not to insert any code or product or manipulate the any content in any way that affects the user's experience, and not to use any data mining, robots, scripts, spiders, trojan horse, or any data gathering or extraction method in connection with your use of this Website. You may not use this Website or any products obtained from the Website for any illegal or unauthorized purpose, nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
j. User Disputes. You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
10. GENERAL LEGAL PROVISIONS.a. Arbitration. We may elect to resolve any controversy or claim arising out of, or relating to, these Terms of Use by mediation or binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles necessary to protect our rights or property (or of our agents, suppliers, and subcontractors), pending the completion of arbitration, and to enforce an arbitration award.
b. Severability. In case any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in these Terms of Use shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
c. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
d. Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
e. Website Purpose. This Website is for entertainment purposes only. None of the advice, opinions, or other information contained on the Website shall constitute legal, medical, business, or any other professional advice whatsoever.
f. Entire Agreement. These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements that you may have with us. These Terms of Use shall be construed in accordance with the laws of the State of California.
