Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to Barmano! Barmano provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. In addition, when using particular Barmano owned or operated services, you and Barmano shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Barmano may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Barmano provides users with access to a collection of resources, including various communications tools, community applications, content and 3rd party content through its website which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and sponsored content and that these are necessary for Barmano to provide the Service. You also understand and agree that the Service may include certain communications from Barmano, such as service announcements, administrative messages and any Barmano Newsletter, and that these communications are considered part of Barmano membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Barmano features, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Barmano assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and legal age to consume alcoholic beverages within your region, state or country, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Barmano has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Barmano has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Barmano is concerned about the safety and privacy of all its users.
4. BARMANO PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Barmano. We do not rent nor sell our user information. We reserve the right to include messages from 3rd parties in our newsletters and email notifications.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Barmano of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Barmano cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, logos, photographs, graphics, descriptions, documents, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Barmano, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Barmano does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Barmano be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
B. impersonate any person or entity, including, but not limited to, a Barmano staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
C. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
D. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
E. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
F. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized or illegal solicitation
G. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
H. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
I. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
J. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
K. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs A through J above.
You acknowledge that Barmano may or may not pre-screen Content, but that Barmano and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.
Without limiting the foregoing, Barmano and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Barmano or submitted to Barmano, including without limitation information in all other parts of the Service.
You acknowledge, consent and agree that Barmano may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Barmano, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. INTERSTATE NATURE OF COMMUNICATIONS ON BARMANO NETWORK
When you register with Barmano, you acknowledge that in using Barmano services to send electronic communications (including but not limited to email, search queries, comments, ratings, uploading photos, and other Internet activities), you will be causing communications to be sent through Barmano's server(s) and hosting provider which is located in the United States. As a result, the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Barmano does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Barmano the following worldwide, royalty-free and non-exclusive license(s), as applicable.
10. CONTRIBUTIONS TO BARMANO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Barmano through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Barmano is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Barmano shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Barmano may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Barmano without any obligation of Barmano to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Barmano under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Barmano and any subsidiaries, it's parent company, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. MODIFICATIONS TO SERVICE
Barmano reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Barmano shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.