This Terms of Use Agreement sets forth the standards of use of the BARZZ.NET, INC. Online Service. By using our websites and mobile applications (the "Site") you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
BARZZ.NET, INC. is providing users with user driven content including bar venue surveys, beer, wine, scotch and cigar opinions. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by BARZZ.NET, INC. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BARZZ.NET, INC. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BARZZ.NET, INC. shall have no liability for any interruptions in the use of this Site. BARZZ.NET, INC. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
BARZZ.NET, INC. Shall not be liable for any damages whatsoever, and in particular BARZZ.NET, INC. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BARZZ.NET, INC. has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation of exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
4. Indemnification
Member agrees to indemnify and hold BARZZ.NET, INC., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
BARZZ.NET, INC. reserves the right to modify or discontinue the Service with or without notice to the Member. BARZZ.NET, INC. shall not be liable to Member or any third party should BARZZ.NET, INC. exercises its right to modify or discontinue the Service. Member acknowledges and accepts that BARZZ.NET, INC. does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BARZZ.NET, INC. makes every effort to ensure that the information on this Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Site. BARZZ.NET, INC. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of New Jersey
Our Site is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 BARZZ.NET, INC., will all rights reserved, or is the property of BARZZ.NET, INC. and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BARZZ.NET, INC. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BARZZ.NET, INC.
BARZZ is a proprietary mark of www.barzz.net and BARZZ.NET, INC. BARZZ.NET, INC.'s trademarks may not be used in connection with any product or service that is not provided by BARZZ.NET, INC., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BARZZ.NET, INC.
All other trademarks displayed on BARZZ.NET, INC.'s Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BARZZ.NET, INC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.barzz.net designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
BARZZ.NET, INC.
263 10th Street, Suite 2D
Jersey City, NJ 07302
By Telephone: 888 - 462-2799
By Email: contactus@barzz.net
12. Botnets
BARZZ.NET, INC. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BARZZ.NET, INC. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BARZZ.NET, INC., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
14. Posted Content
a. You are solely responsible for any content that you submit, display, or transmit to other members on BARZZ.Net, including but not limited to, business listings, reviews, ratings, forum postings, pictures, events, etc. BARZZ.Net reserves the right to review and/or remove any content that violates these Terms of Use or which violates the list of unacceptable content listed below as well as terminating your membership or take the appropriate legal action at the sole discretion of BARZZ.Net.
b. The following content is considered unacceptable and may not be posted to BARZZ.Net:
i. Offensive, threatening, or harmful language which includes without limitation: profanity, obscenities, harassment, sexually explicit, and hate speech.
ii. Information that is false or misleading.
iii. The promotion of, or reference to, illegal activity, false advertising, health code violations, or malpractice.
iv. Reviews that comment on other users, contain personal attacks, contain personal information (e.g. email addresses, URLs, phone numbers, and postal addresses), describe a physical confrontation and/or sexual harassment, or language intended to impersonate other users.
v. Content that is not in English or contains viruses, Trojan horses, worms, or other programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information.
vi. Content that is determined by BARZZ.Net that violates any federal, state, or local law or regulation or the rights of any other person or entity.
vii. Content that involves the transmission or unsolicited mass mailing.
c. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You may not submit any content that infringes or violates the intellectual property, publicity, privacy, or other rights of any party.
d. You are solely responsible for any reviews or ratings that you post to the site.
e. Reviews and ratings do not reflect the views of BARZZ.Net.
f. All content posted onto BARZZ.net is owned exclusively and in perpetuity by BARZZ.Net. You hereby grant and warrant BARZZ.Net to have the unrestricted, perpetual, and exclusive right to use, modify, copy, publicly display, distribute, transmit, or reproduce any and all posted content to the BARZZ.Net Site. BARZZ.Net is under no obligation to give credit, compensate, or pay any consideration to you for your posted content.
g. BARZZ.Net does not assume any responsibility or liability for any content posted onto the BARZZ.Net Site or for any claims, damages, or losses resulting from any use of the Site.
15. BARZZ.Net Membership
As a registered BARZZ.Net member, you will have the ability to create and save your own personal profile page in your account which will allow you to add personal information, save your favorite BARZZ.Net listings, add reviews and ratings, and post new listings to the Site. By having your own BARZZ.Net account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all other related activity that occurs under your BARZZ.Net account user name. If you violate any of this Terms of Use, BARZZ.Net reserves the right at its sole discretion to freeze and/or terminate you account, remove or modify any access or content posted through your account, or take any other action that BARZZ.Net deems appropriate.
