Terms & Conditions
In order to enhance your experience of visiting bars and meeting new people, BarTag, ("BarTag") makes this Website available for the personal use and enjoyment of visitors who are 21 years of age or older. BarTag has established these Terms and Conditions of Use so that you will know what can be expected from BarTag, and BarTag will know what it can expect from you. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS WEBSITE. IF YOU ARE NOT 21 YEARS OF AGE OR OLDER, DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, OR LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
PERSONAL AND NON-COMMERCIAL USE
This Website is for your personal, non-commercial use only. The copyrights to all contents of this Website are proprietary to BarTag or its subsidiaries or third party licensors, and you may not reproduce, post on any other Website, modify, distribute or transmit any portion of this site without BarTag's written consent. Any name, logo, trademark or service mark contained on this Website is owned or licensed by BarTag and may not be used by you without the prior written consent of BarTag.
UNLAWFUL AND PROHIBITED USE
You warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in these Terms and Conditions and on this Website.
DISCLAIMERS OF WARRANTIES AND DAMAGES
Although BarTag makes all reasonable efforts to ensure that the content of the Website is updated and correct, BarTag makes no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BarTag BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THIS WEBSITE. BARTAG'S MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USER INPUT AND SUBMISSIONS
You acknowledge that any electronic mail or other input to BarTag through this Website are non-confidential. You further agree that any ideas, concepts, techniques or other materials that you send to BarTag become the property of BarTag at the time they are submitted and/or posted, and can be used by BarTag for any purpose without compensation. The submission of such materials in no way creates any obligation or duty on the part of BarTag to post or use such materials or, if BarTag does so, to give you credit.
All photographs submitted to the Website must be your original creation – in other words, they must be taken by you. If the photographs have not been taken by you, the person who took the photograph must submit it. By submitting a photograph to the Website, you represent and warrant that you are at least 21 years of age, and that such photograph is your original creation, has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity (including any rights of privacy or publicity), and is your sole and exclusive property.
By submitting a photograph, you hereby grant BarTag permission to use your image or likeness as it appears in such photograph and to edit, composite, morph, scan, duplicate, or alter the photograph, and to post such photograph (as submitted, or as edited, modified or otherwise changed at BarTag’s sole discretion) on the Website, with or without accompanying music. If you submit any photographs that contain the image or likeness of any person other than you, you agree to obtain written permission from each such person for BarTag to use such image or likeness as it appears in such photograph and to post such photograph on the Website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you hereby represent and warrant that you have obtained such written permission and that such person is at least 21 years of age. You agree to indemnify and hold harmless BarTag and its affiliates, agents and advertising agencies for any action that results from a breach of your representations and warranties made herein, or that is made by a person whose image or likeness was used in any photograph without such person’s written consent.
Any photograph or other material submitted that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material, or that shows any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or that violates the rights of third parties, or that is otherwise deemed by BarTag, in its sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any photographs will not be accepted or posted, or may be removed, if BarTag believes, in it sole discretion, that it contains any of the following:
(a) persons under the age of 21; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including photographs owned by third parties, images of celebrities, third party trademarks, artwork, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) anything defamatory or libelous; (h) anything disparaging BarTag, any other BarTag brand, or any of their competitors; (i) anything racist or sexist; (j) anything pornographic or obscene; (k) gambling; or (l) anything in poor taste.
By submitting a photograph(s), you grant BarTag and its affiliates, agents and advertising agencies permission to use the photograph(s), and any images or likeness of any persons contained therein, for any purpose and in any and all media whatsoever throughout the world, in perpetuity, without compensation. Submitted photographs may be accepted and/or posted on the Website if deemed appropriate by BarTag in its sole and absolute discretion. All photographs submitted become the sole property of BarTag and will not be returned. You must be 21 or older to submit a photograph.
The sites linked from this Website, or any link contained in a linked site, are not under BarTag's control, and BarTag does not assume any responsibility or liability for their content. BarTag provides these links for your convenience only and BarTag makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such electronic content.
You must obtain BarTag's permission to link this Website, or any page on the Website, to your website. The fact that BarTag may be linked to any third-party websites does not indicate that BarTag has granted permission to link, and does not constitute an endorsement or recommendation.
This Website is created and controlled by BarTag in the State of New York, USA and that exclusive jurisdiction resides in the courts of the State of New York.
You agree that any claim relating to this Website, the services provided through this Website or to these Terms and Conditions of use shall be governed by the substantive laws of the State of Texas, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. BarTag does not represent that the content of this Website is appropriate for locations outside the United States. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States.
BarTag owns BARTAG®, PLAYBARTAG®, BARTAGRULES® and all related logos and designs, in the United States and other countries.
These trademarks may not be used in any manner likely to cause confusion, disparage or dilute these trademarks and/or in connection with any product or service that is not authorized or sponsored by BarTag
TERMINATION OF USAGE
BarTag may terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You agree to indemnify and hold BarTag, and its shareholders, subsidiaries, affiliates, officers, 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 Website, your use of the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of another.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ACKKNOWLEDGMENT AND CHANGES
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms and Conditions represent the entire understanding between you and BarTag regarding your relationship with BarTag and this Website and supersedes any prior statements or representations. In the event that any provision of these Terms and Conditions, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions and the remainder of the Terms and Conditions of use shall continue in full force and effect. BarTag reserves the right to change the Terms and Conditions at any time by posting changes online. Your non-termination or continued use of Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.