JAG Business Development, LLC dba; WorldsBars.com ("The Company" or "we" or "us") operates WorldsBars.com (the "Site"), which is a social networking service (the "Service") that allows businesses and individuals ("Members") to create unique profiles online in order to find and communicate with customers, friends, restaurant and bar owners, operators, brand marketers, and alike. The Services offered by the Company include our website, Survey participation opportunities, the Company communication and messaging Services, the Company application developer service and other features (for example, video playback, photo viewing, etc.), the Company mobile services, and any other features, content, or applications offered from time to time by the Company in connection with the Company's business (collectively, the "The Company Services"). The Company Services are hosted in the United States.
1. Eligibility. Use of the Company Services and registration to be a Member for the Company Services ("Membership") is void where prohibited. By using the Company Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Company Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are less than 21 years of age. Including if we believe that you are under 21 years of age and you represent yourself as 21 or older.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Company Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. The Company may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Company Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by the Company. The Company reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Company Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Company Website, or employing third party promotional sites or software to promote profiles for money, is strictly prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. The Company reserves the right to take appropriate legal action for any illegal or unauthorized use of the Company Services.
6. Proprietary Rights in Content on the Company Services.
6.1 The Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or view through the Company Services. After posting your Content to the Company Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Company Services, you hereby grant to the Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Company Services, including without limitation distributing part or all of the Company Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Company Website. This limited license does not grant the Company the right to sell or otherwise distribute your Content outside of the Company Services. After you remove your Content from the Company Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Company Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the Company Website as soon as practicable after you make the change and notify the Company.
6.2 The license you grant to The Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Company), fully-paid and royalty-free (meaning that the Company is not required to pay you for the use on the Company Services of the Content that you post), sub-licensable (so that The Company is able to use its other Websites, Companies, affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Company Services), and worldwide (because the Internet and the Company Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Company Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Company Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Company Services.
6.4 The Company Services contain Content of the Company ("The Company Content"). The Company Content is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Content and the Company Services. The Company hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the Company Content (excluding any software code) solely for your personal use in connection with viewing the Company Website and using the Company Services.
6.5 The Company Services contain Content of Users and other Company licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Company Services.6.6 The Company performs technical functions necessary to offer the Company Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Company Services.
7. Content Posted.
7.1 The Company may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of The Company violates this Agreement or which may be offensive, slanderous, illegal or violate the rights of any person, or entity, or harm or threaten the safety or reputation of any person, product or entity. The Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time the Company chooses, in its sole discretion, to monitor the Company Services, the Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Company Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Company Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, removing the offending Content from the Company Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to; Content that, in the sole discretion of the Company:
.8.1 are patently offensive and promote racism, bigotry, and hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person or entity;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to; underage consumption of alcohol, use of illegal drugs, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from The Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for restaurant, bar or other business owners; any derogatory information about a competitor, supplier, or product that is considered misleading, slanderous or deceptive Content; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.The following are examples of the kind of activity that is illegal or prohibited on the Company Website and through your use of the Company Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, underage consumption of alcohol, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Company Services. You may not transmit any chain letters or junk email to other Members who have not agreed to receive communications from you in advance by requesting such communications. In order to protect our Members from such advertising or solicitation, the Company reserves the right to restrict the number of emails or other forms of communications which a Member may send to other Members to a number which the Company deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Company Services, your Membership privileges may be terminated without notice or explanation.
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Company Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any other Company page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Company Services or the networks or services connected to the Company Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for any restaurant, bar, retailer, brand marketer or other Member or other profiles containing the Company player; copying the code for your Company Player and embedding it (or directing others to embed it) anywhere other than your band profile on the Company Services;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile unless associated with the sale of your entity connected to the profile;
8.28 using any information obtained from the Company Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Company Services on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose other than promoting your place of business associated with the Profile, or sending private messages with a commercial purpose; or8.30 using the Company Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. The Company respects the intellectual property of others and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Company has the right to terminate the Membership of infringers.If you believe your work has been copied and posted on or through the Company Services in a way that constitutes copyright infringement, please contact us to provide a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. The Company provides certain tools and technologies to help facilitate copyright owners control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Company Members. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. Please be kind and respectful at all times in dealing with other Members.
12. Disclaimers. The Company is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Company Services, whether caused by Users of the Company Services or by any of the equipment or programming associated with or utilized in the Company Services and such User Content does not necessarily reflect the opinions or policies of the Company. Profiles and third party applications created and posted by Members on the Company Website may contain links to other websites. The Company is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Company Services does not imply approval or endorsement of the linked website by The Company. When you access these third party sites, you do so at your own risk. The Company takes no responsibility for third party advertisements or third party applications that are posted on or through the Company Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Company is not responsible for the conduct, whether online or offline, of any User of the Company Services. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email, viewers or players due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Company Services. Under no circumstances shall The Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Company Services, attendance at a Company event, attendance at any function, event, promotion, product tasting or place of business associated with information received or deemed to be received from Content contained in the Company Services. Including any Content from any User posted on or through the Company Services, or from the conduct of any Users of the Company Services, whether online, electronic communications or received in any offline format. The Services are often used for the purpose of providing information about alcohol beverages and their proposed use and responsible enjoyment. The Company does not endorse the consumption of alcohol beverage and provides this Content and information to Users who have, on their own volition, decided to participate in the consumption of alcoholic beverages regardless of any information or Content found in the Company Website or Services. Drinking alcohol contains risks to your health and personal safety and doing so is your decision and done so at your own risk. The Company Services are provided "AS-IS" and as available and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Company Services.
13. Limitation on Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the Company Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software and Services is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona, USA, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the State of Arizona to resolve any dispute arising out of the Agreement or the Company Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Company Services causes the Company to be liable to another.
17. Other. This Agreement is accepted upon your use of the Company Website or any of the Company Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WorldsBars.com is a trademark of JAG Business Development, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: legal@WorldsBars.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Updated April 10, 2010
www.WorldsBars.com (the "Site")
Global Users Acknowledgement
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM ANY LOCATION OUTSIDE OF THE UNITED STATES YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. THE COMPANY MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
Although there is information pertaining to establishments, products and services available around the world, the Company does not warrant the validity of such information or its accuracy.
Information We Collect
User-Provided Information: You provide us information about yourself, such as your name and e-mail address, when you register with the Service. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. In addition, if you choose to participate in any available Survey, you will be asked to provide additional information about yourself, including, but not limited to; your job, your company, and other associated information about your business, customers, buying habits, practices or related industry information and opinions.
When you visit the Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and allows the Company to help you log in faster and enhance your navigation through the site. A cookie does not collect personal information about you. The Company uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from you is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our Service, and make the Service better for our users.
How We Use Your Information
How We Protect Your Information
The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Company and you do so at your own risk. Once we receive your transmission of information, the Company makes commercially reasonable efforts to ensure the security of our systems and your information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from the Company at all times.
Compromise of Personal Information
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through Company Services, in which case the Company may not be able to provide certain services to you. You agree that you are using the Service at your own free will, including, but not limited to, your choice to provide any Personally Identifiable Information or any and all other related content or information you choose to provide.
All Users Must Be No Less Than 21 Years Old
Protecting the privacy of and restricting the content to our Site for young people is especially important. For that reason, the Company does not knowingly collect or solicit personal information from anyone under the age of 21 years old. The Company will not knowingly allow any underage person to use or access the Site or to register as a User. If you are less than 21 years old do not use the site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 21 years old is allowed to provide any personal information to or on the Company's Website or our Service. In the event that we learn that we have collected personal information from a person less than age 21 years old we will delete that information as quickly as possible. If you believe that we might have any information from or about any person less than 21 yrs. old please contact us and report this unauthorized use of the Company Services at legal@WorldsBars.com.
Links to Other Web Sites
Third Party Advertisements and Technologies
We periodically use third-party advertising companies to serve advertisements when you visit our Site. The third-party advertising technology that we use on this Site uses information derived from your visits to this Site to target advertising within this Site. In addition, our advertisers may use other third-party advertising technology to target advertising on this Site and other websites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed your browser. In addition, we use web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser's cookie when a browser visits this site, to learn which banner ads bring users to our Web site and to deliver more relevant advertising.