Terms of Service Agreement
PROFESSIONAL
BARTENDING & SOUND, LLC
User Terms of Service
1.
ACCEPTANCE OF TERMS
Professional
Bartending & Sound LLC ("Professional Bartending & Sound")
welcomes you to its online community. Professional Bartending & Sound
provides its service to you, subject to the following User Terms of Service
("TOS") and the Professional Bartending & Sound Community
Guidelines ("Guidelines"), both of which may be updated by us from
time to time without notice to you. You can review the most current version of
the TOS at any time at: http://cincybartending.com/tos.html
and the most current version of the Guidelines at any time at: http://cincybartending/guidelines.html. In addition, when using particular
Professional Bartending & Sound owned or operated services, you shall be
subject to any posted policies, guidelines or rules applicable to such
services. All such policies, guidelines and rules are hereby incorporated by
reference into the TOS. You further agree that, except as otherwise expressly
provided in this TOS, there shall be no third party beneficiaries to this
Agreement.
2.
DESCRIPTION OF SERVICE
Professional
Bartending & Sound provides access to a rich collection of resources,
including the opportunity to be subcontracted to itŐs customers for services
needed which may include but not limited to bartending or DJ or Wait Staff at
private parties, events and other client related events requested by itŐs
customers as a SUBCONTRATOR also including an online community of connected
people who create and post content, read, view, listen to, broadcast, edit,
rate and share content with networks of other Professional Bartending &
Sound users or via the Internet at-large, through a network of properties which
may be accessed via the Internet (the "Service"). As a user of the
Service, you understand and agree that the Service may also include
advertisements that are necessary for Professional Bartending & Sound to
provide the Service, and the Service may include certain communications from
Professional Bartending & Sound, such as service announcements and
administrative messages, and you will not be able to opt out of receiving such
communications. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new
Professional Bartending & Sound properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and
that Professional Bartending & Sound assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. Professional Bartending & Sound is concerned about the
safety and privacy of all its users, particularly children. For this reason,
you must be at least 18 years of age to access and view the Service. In
addition, please be aware that Professional Bartending & Sound has created
certain areas on the Service that contain adult or mature content. You must be
at least 18 years of age to access and view such areas.
3.
PROFESSIONAL BARTENDING & SOUND PRIVACY POLICY
Personal
and certain other information about you is subject to our Privacy Policy. As a
condition of using the Service, you agree to the terms of the Privacy Policy,
as it may be changed from time to time. For more information, see our full
Privacy Policy at: http://cincybartending.com/privacypolicy.html
4.
CONTENT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages and/or other materials
("Content"), whether publicly posted or privately transmitted via the
Service, are the sole responsibility of the person from which such Content
originated. This means that you, and not Professional Bartending & Sound,
are entirely responsible for all Content that you upload, post, broadcast,
display, email, transmit or otherwise make available via the Service.
Professional Bartending & Sound does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
Professional Bartending & Sound to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all Content to enable
inclusion and use of the Content in the manner contemplated by the Service and
the TOS; and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the Content to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the Content in the manner contemplated by the Service and
the TOS.
Professional
Bartending & Sound does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to such Content,
you grant Professional Bartending & Sound a world-wide, royalty free,
perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce,
modify, adapt, create derivative works, publicly perform and publicly display
such Content via the Service or on any other Professional Bartending &
Sound property. Professional Bartending & Sound reserves the right to
syndicate the Content submitted, posted, and/or displayed by you and to use
that Content in connection with other services offered by Professional
Bartending & Sound. You also hereby grant each user of the Service a
non-exclusive license to access your Content through the Service, and to use,
reproduce, distribute, prepare derivative works of, display and perform such
Content as permitted through the functionality of the Service and under the
TOS. The foregoing license granted by you terminates once you remove or delete
Content from the Service.
You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Professional
Bartending & Sound be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for 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 also agree that, if you
post Content containing adult themed material that is not suitable for minors,
you will mark the Content as such. If your posted Content contains material
that is adult themed and you do not mark it appropriately, Professional
Bartending & Sound shall have the right to cancel your membership.
Pornography and sexually explicit images and video are not permitted on
Professional Bartending & Sound.
You
acknowledge that Professional Bartending & Sound may or may not pre-screen
Content, but that Professional Bartending & Sound and its designees shall
have the right (but not the obligation) in their sole discretion to pre-screen,
refuse, remove or move any Content that is available via the Service. Without
limiting the foregoing, Professional Bartending & Sound 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 Professional
Bartending & Sound or submitted to Professional Bartending & Sound,
including without limitation information in Professional Bartending & Sound
Groups (see the definition in Section 7 below), and in all other parts of the
Service.
You
acknowledge, consent and agree that Professional Bartending & Sound 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 Professional Bartending
& Sound, its users and the public.
Professional
Bartending & Sound also restricts the posting of overtly commercial
articles on or via the Services. Overtly commercial articles is content the
primary purpose of which is to sell a product or services or induces Members to
enroll in a promotional or money-making enterprise that may or may not be
legitimate in nature. Professional Bartending & Sound reserves the right to
review and remove any overtly commercial articles, at its sole discretion.
Articles must provide legitimate informational and/or entertainment value for
the community. Commercial videos are permitted if you own the copyright to the
commercial and if the content otherwise falls within the Terms of Service. For
those seeking to promote legitimate commercial offers to the Professional
Bartending & Sound community, please contact our ad sales department
advertise@cincybartending.com
Professional
Bartending & Sound often allows Content to be posted that contains a link
to free goods or services. We typically allow those to remain on the site
within "Freebie" groups if this Content is not self-promoting.
Professional Bartending & Sound always reserves the right, at its sole
discretion, to remove all types of Content from the Service.
5.
APPROPRIATE CONDUCT AND MEMBER DISPUTES
Please
read the following section carefully, as it governs your conduct while using
the Professional Bartending & Sound Service, and by using the Service, you
agree to be bound by these terms. Professional Bartending & Sound also
strongly recommends that you review the Guidelines, which you can access at any
time at http://cincybartending.com/guidelines.html, for further clarification on what
Professional Bartending & Sound considers to be appropriate conduct on the
Service.
a. Appropriate Conduct. You agree that you are responsible
for your own conduct and communications while using the Service and for any
consequences thereof. You agree to use the Service only to send and receive
messages and material that are legal and proper. By way of example, and not as
a limitation, you agree that when using the Service, you will not:
0.
defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
0.
engage
in personal attacks of any kind against any member of the Professional
Bartending & Sound community;
0.
post
any inappropriate, defamatory, infringing, obscene, libelous or unlawful
Content;
0.
post
any Content that infringes any patent, trademark, copyright, trade secret or
other proprietary right of any party (the "Rights"), unless you are
the owner of the Rights or have the written permission of the owner to post
such Content;
0.
Post
pornography or sexually explicit images or videos
0.
post
messages that promote pyramid schemes, chain letters or disruptive commercial
messages or advertisements, junk mail, spam, or any other form of solicitation;
0.
engage
in inappropriate or excessive flagging or rating of Content;
0.
engage
in fraudulent or inappropriate behavior of any kind in an attempt to obtain
Professional Bartending & Sound Points;
0.
download
any file posted by another user that you know, or reasonably should know cannot
be legally distributed in such manner;
0.
impersonate
another person or entity, or falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is posted;
0.
use or
create inappropriate usernames or groupnames;
0.
restrict
or inhibit any other user from using and enjoying the Service;
0.
use the
Service for any illegal or unauthorized purpose including but not limited to
distributing spam;
0.
remove
any copyright, trademark or other proprietary rights notices contained in or on
the Service;
0.
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;
0.
use any
robot, spider, site search/retrieval application, or other device to retrieve
or index any portion of the Service or collect information about users for any
unauthorized purpose;
0.
submit
Content that falsely expresses or implies that such Content is sponsored or
endorsed by Professional Bartending & Sound;
0.
create
Member accounts (see Section 6 below) by automated means or under false or
fraudulent pretenses;
0.
promote
or provide instructional information about illegal activities or promote
physical harm or injury against any group or individual;
0.
transmit
any viruses, worms, defects, Trojan horses, or any items of a destructive
nature; or
0.
engage
in "ad slamming" of any nature, including the repeated clicking on
advertisements to increase potential earnings to you, to increase potential
costs to an advertiser, or for any reason other than viewing an advertisements
as a potential consumer.
While
Professional Bartending & Sound prohibits the conduct and Content described
above in connection with the Service, you understand and agree that you
nonetheless may be exposed to such conduct and/or Content and that you use the
Service at your own risk.
b. Member Disputes. You are solely responsible for your
interactions with other Professional Bartending & Sound users. As a Member
(as defined in Section 6), you are expected to tolerate viewpoints and
perspectives with which you may not agree. Professional Bartending & Sound
is not obligated to arbitrate, or resolve in any manner, disputes that arise
between Members. Professional Bartending & Sound reserves the right but has
no obligation, to monitor disputes between you and other Members, and to take
any action, in Professional Bartending & Sound's sole discretion, that may
be appropriate under the circumstances. Such actions may include, but are not
limited to the suspension or termination of memberships and the removal of
inappropriate content.
c. Reporting Objectionable Behavior. If you encounter behavior that you
think violates the TOS or Guidelines, you can report the incident to
Professional Bartending & Sound by clicking on the "Report" link
following the comment box. You can also contact the administrator. Please state
the reasons for your concern and provide a link to the behavior in question.
If
the behavior is determined to be inappropriate, then its associated Content is
removed from the Service and the author is notified. All such determinations
may be made at Professional Bartending & Sound's sole discretion.
Professional Bartending & Sound may allow the author to modify or change
their behavior so that it is compliant with the TOS and Guidelines, and,
assuming that it is, it may be subsequently released on the Service.
Professional Bartending & Sound reserves the right to terminate a Member's
(as defined in Section 6) account at any time we determine that to be an
appropriate response to the behavior in question.
6.
REGISTRATION AND MEMBERSHIP
In
order to use certain aspects of the Service, you are required to register and
establish an online account with Professional Bartending & Sound. We refer
to registered users as members ("Members") and subject Members to the
following specific terms:
a. In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (i) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data")
and (ii) 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 Professional Bartending & Sound
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Professional Bartending & Sound has the right to
suspend or terminate your account and refuse your current or future use of the
Service (or any portion thereof).
b. You will receive a password and account designation
upon completing the Service's registration process. You are responsible for
maintaining the confidentiality of your password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (i) immediately notify Professional Bartending & Sound of any
unauthorized use of your password or account or any other breach of security,
and (ii) ensure that you exit from your account at the end of each session.
Professional Bartending & Sound cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 6. You agree
that your Professional Bartending & Sound Member account is
non-transferable and any rights to your Professional Bartending & Sound
password, username or account information or Content within your Member account
terminate upon your death. Upon receipt of a copy of a death certificate, your
Member account may be terminated and all Content therein permanently deleted.
c. Professional Bartending & Sound Jobs. Users will
be eligible to receive Professional Bartending & Sound subcontractor job agreements directly
from Professional Bartending & Sound for use of the Service over time
and/or from certain clients. Professional Bartending & Sound Subcotractor
Jobs may be accepted by registered users ("Members") to be paid and
negotiated by itŐs clients for services rendered and services from Professional
Bartending & Sound or from other participating customers. Professional
Bartending & Sound reserves the right, at its sole discretion, to
distribute these accounts as they deem necessary. Users should be aware that
Professional Bartending & Sound is not responsible for issuing 1099Ős and
that this membership does not make them an employee of Professional Bartending
& Sound. You should consult a tax expert for any tax related questions
regarding your subcontract payments made and Professional Bartending &
Sound hereby, specifically, declines to offer any tax advice.
Members who
reside within the United States.
d. You agree that Professional Bartending & Sound
may, under certain circumstances and without prior notice, immediately
terminate your Professional Bartending & Sound account, any associated
email address, any associated username, and/or access to the Service. Cause for
such termination shall include, but not be limited to, (i) breaches or
violations of the TOS or other incorporated agreements, guidelines, policies or
rules, (ii) requests by law enforcement or other government agencies, (iii)
unexpected technical or security issues or problems, (iv) extended periods of
inactivity, (v) your engagement in fraudulent or illegal activities, and/or
(vi) nonpayment of any fees owed by you in connection with the Service.
Termination of your Professional Bartending & Sound account includes (a)
removal of access to all offerings within the Service, including but not
limited to the Professional Bartending & Sound Groups, (b) deletion of your
password, username and all related information, files and Content associated
with or inside your account (or any part thereof), and (c) barring further use
of the Service. Further, you agree that all terminations shall be made in
Professional Bartending & Sound's sole discretion and that Professional
Bartending & Sound shall not be liable to you or any third-party for any
termination of your account, any associated email address, username or access
to the Service.
e. If you are under age 18, you may only make purchases
via the Service with the involvement of a parent or guardian. Professional
Bartending & Sound and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit Content, or cancel orders in their sole
discretion.
7.
PROFESSIONAL BARTENDING & SOUND GROUPS
Professional
Bartending & Sound offers an element of the Service that enables Members to
create and maintain their own "Professional Bartending & Sound
Group." A Professional Bartending & Sound Group consists of internet
based discussions and other functionalities that allow participants in the
Professional Bartending & Sound Group to communicate. Professional
Bartending & Sound Groups are subject to the following specific terms of
use:
a. Group Leader's Rights and Responsibilities. Professional Bartending & Sound
Group leaders ("Group Leaders") have additional capabilities and
responsibilities in regard to the participants and Content of a Professional
Bartending & Sound Group. The Group Leader decides whether a Professional
Bartending & Sound Group is restricted to certain Members or accessible to
the public generally, and the Group Leader may change the access to the
Professional Bartending & Sound Group at any time. In restricted
Professional Bartending & Sound Groups, the Group Leader decides who may be
a participant of the Professional Bartending & Sound Group and can access
and change the participant list in his or her sole discretion. A Group Leader
may, at any time, transfer his or her ownership of a Professional Bartending
& Sound Group to another Member. In regard to Content, a Group Leader shall
be responsible for the maintenance and monitoring of the Content in the
Professional Bartending & Sound Group, including deleting any Professional
Bartending & Sound Group and its Content and/or archived Content at any
time and in his or her sole discretion.
b. Group Leaders Must Mark Mature, Adult
Themed Content. If
you create a Professional Bartending & Sound Group containing mature, adult
themed content that is not suitable for minors, you agree to mark the
Professional Bartending & Sound Group as such. If your Professional
Bartending & Sound Group contains Content that is mature, adult themed
content and you do not mark the Professional Bartending & Sound Group
appropriately, Professional Bartending & Sound shall have the right to
delete your Professional Bartending & Sound Group, including all messages
posted to that Professional Bartending & Sound Group. Pornography and sexually
explicit images and video are not permitted on Professional Bartending &
Sound.
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.
INDEMNITY
You
agree to indemnify and hold Professional Bartending & Sound, and its
subsidiaries, affiliates, officers, directors, agents, co-branders or other
partners, and employees, 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 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.
10.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your Professional
Bartending & Sound username) or Content you do not own, use of the Service
or Content you do not own, or access to the Service or Content you do not own,
without the express written consent of Professional Bartending & Sound.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Professional Bartending & Sound may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Professional Bartending & Sound's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that Professional Bartending
& Sound has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Professional Bartending &
Sound reserves the right to log off accounts and deactivate usernames that are
inactive for an extended period of time. You further acknowledge that Professional
Bartending & Sound reserves the right to modify these general practices and
limits from time to time.
12.
MODIFICATIONS TO SERVICE
Professional
Bartending & Sound 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 Professional Bartending &
Sound shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13.
DEALINGS WITH THIRD PARTIES
Your
correspondence or business dealings with, or participation in subcontracted
work or promotions of third parties, such as advertisers and merchants found on
or through the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such party. You agree that
Professional Bartending & Sound shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such third parties on the Service.
14.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Professional Bartending & Sound has no
control over such sites and resources, you acknowledge and agree that
Professional Bartending & Sound is not responsible for the availability of
such links, external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
Professional Bartending & Sound shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such links, site or resource, or any
failures and/or disruption to your computer system that results from your use
of any such links.
15.
PROFESSIONAL BARTENDING & SOUND'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is the property of Professional Bartending &
Sound and its licensors and is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
both advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Professional Bartending & Sound or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Professional
Bartending & Sound grants you a personal, non-transferable and
non-exclusive right and license to use the Service and Software on a single
computer; provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
Professional Bartending & Sound for use in accessing the Service.
Professional
Bartending & Sound, CincyBartending.com, and the Professional Bartending
& Sound logo are trademarks and service marks of Professional Bartending
& Sound and other Professional Bartending & Sound logos and product and
service names are trademarks and service marks of Professional Bartending &
Sound (collectively, the "Professional Bartending & Sound
Marks"). Without Professional Bartending & Sound's prior permission,
you agree not to display or use in any manner, the Professional Bartending
& Sound Marks.
16.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE AND THE CONTENT, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROFESSIONAL
BARTENDING & SOUND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PROFESSIONAL BARTENDING & SOUND MAKES NO WARRANTY
THAT (i) THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, INCLUDING BUT NOT LIMITED TO
ANY CONTENT, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PROFESSIONAL BARTENDING & SOUND OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT PROFESSIONAL BARTENDING & SOUND SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
PROFESSIONAL BARTENDING & SOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR
MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 16 AND 17
ABOVE MAY NOT APPLY TO YOU.
19.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If
you intend to receive or request any news, messages, or other information from
the Service concerning companies, stock quotes, investments or securities,
please read the above Sections 16 and 17 again. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. Professional Bartending & Sound and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
made based on such information.
20.
NOTICE
Professional
Bartending & Sound may provide you with notices by email, regular mail, or
postings on the Service.
21.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Professional
Bartending & Sound respects the intellectual property of others, and we ask
our users to do the same. Professional Bartending & Sound may, in
appropriate circumstances and at its discretion, disable and/or terminate the
accounts of Members and prohibit the use of the Service by certain users who
may be repeat infringers. If you are a copyright owner or an agent thereof and
believe that any Content or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing us with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail):
0.
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
0.
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
0.
a
description of where the material that you claim is infringing is located on
the site;
0.
your
address, telephone number, and email address;
0.
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or other intellectual property right owner, its
agent, or the law; and
0.
a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Please
send this information to Professional Bartending & Sound by Contacting Professional Bartending & Sound Member Support.
You acknowledge that if you fail to comply with all the requirements of this
Section 21, your DMCA notice may not be valid.
22.
GENERAL INFORMATION
Entire
Agreement. The TOS
constitutes the entire agreement between you and Professional Bartending &
Sound and governs your use of the Service, superseding any prior agreements
between you and Professional Bartending & Sound with respect to the
Service. You also may be subject to additional terms and conditions, posted
policies (including but not limited to the Privacy Policy), guidelines or rules
that may apply when you use or purchase certain elements of the Service,
affiliate, merchant, or advertiser services, third-party content, or
third-party software.
Independent
Contractors. Nothing
contained in the TOS shall be construed to constitute either party as a
partner, employee or agent of the other party, nor shall either party hold
itself out as such. Each party has no right or authority to incur, assume or
create, in writing or otherwise, any warranty, liability or other obligation of
any kind, express or implied, in the name of or on behalf of the other party,
it being intended by both parties that each shall remain an independent
contractor responsible for its own actions.
Choice
of Law and Forum.
The TOS and the relationship between you and Professional Bartending &
Sound shall be governed by the laws of the Commonwealth of Ohio without regard
to its conflict of law provisions. You and Professional Bartending & Sound
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Clermont, Ohio.
Waiver
and Severability of Terms. The failure of Professional Bartending & Sound to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
Statute
of Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
Violations. Please report any violations of the TOS to Professional Bartending & Sound by Contacting Professional Bartending & Sound Member Support.