Posted November , 2012
PRIVACY AND SECURITY POLICY.
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE.
BarNotes reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. BarNotes also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE.
Your failure to follow the terms of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to BarNotes's other remedies. BarNotes further reserves the right to terminate, without notice, any user's access to or use of the Site for any reason.
BarNotes reserves the right without notice, at any time and for any reason, to terminate the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION.
The Site is expressly owned and operated by BarNotes. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by BarNotes or its affiliates or are licensed from third party service providers by BarNotes. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS."
Site Information is provided "as is" with all faults. Your use of the Site Information, as authorized herein, is at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. BarNotes may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU.
You may view and use the Site Information only for your personal information. Except as may be set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you or under your account. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY.
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or BarNotes. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES.
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. BarNotes does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to BarNotes. If a child under 13 submits information through any part of the Site, and BarNotes becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
REGISTRATION WITH THE SITE.
To register with the Site, you will be required to create an account and provide certain information about yourself including, without limitation, your name, email address, date of birth/age, and create a username, password, and a user profile. You may not (i) select a username of another person with the intent to impersonate that person, or (ii) select a username that BarNotes deems, in its sole discretion, to contain Unacceptable Content. If you choose to create an account, you agree to provide (i) true, accurate, current and complete information about yourself, and (ii) maintain and properly update the information in your account as needed. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. BarNotes reserves the right to refuse the registration of an account, or cancel an account, in its sole discretion.
You shall be responsible for maintaining the confidentiality of your password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. BarNotes will not be liable for any loss or damage arising from your failure to comply with the above requirements.
BarNotes may make certain Services available to registered users and facilitate such users' ability to post content, directly or via RSS Feed, including information, text, images, video, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (collectively "Content"), to Public Areas and/or private portions of the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content, which determination will be in BarNotes’s sole discretion ("Unacceptable Content").
The following list generally outlines what is deemed Unacceptable Content by BarNotes but does not set forth a comprehensive listing of Unacceptable Content and practices prohibited by the Site. Additional Unacceptable Content and prohibited practices are set forth below in the section titled “Additional Terms of Service”. BarNotes reserves the right, at any time, without notice, to delete, edit, and/or remove from the Site any Content and to bar any user from posting Content to the Site. Further, BarNotes may revise these restrictions or the items found under Additional Terms of Service at any time without prior notice.
Unacceptable Content includes, but is not limited to, Content that is:
Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes
Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party;
Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming;
Is harmful to BarNotes's or any other party's systems and networks, including any transmissions which may damage, surreptitiously intercept, or expropriate any system, program, data or personal information;
Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
Is intended to offer professional legal, medical, investment, or other such advice; and
Consists of any other Content that BarNotes in its sole discretion deems to be Unacceptable Content.
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
BarNotes requires that all users who post Content on any area of the Site or sites linked to the Site adhere to the following standards directed at protecting the intellectual property rights of third parties:
• users must ensure that all material contained in their Content is owned by the user or is original material created by the user herself or himself; and
• if any material contained in their Content is not owned or created by the user, such Content may not be posted without the express permission of the owner(s) of such Content.
BarNotes respects the intellectual property of others, and we ask our users to do the same. BarNotes may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify our Designated Copyright Agent in writing of such infringement by providing the information required by the Digital Millennium Copyright Act.
USE OF THE SITE IS AT YOUR OWN RISK.
Any information disclosed in Public Areas of the Site is public information that may be viewed and collected by any party. BarNotes cannot control the use of information disclosed through the posting of Content on Public Areas of the Site. We urge you to protect your privacy by not disclosing your home address, telephone numbers, and other personally identifiable information. You acknowledge that your posting and use of Content is at your own risk. You agree that BarNotes and its third party service providers are not responsible and shall have no liability to you, with respect to any Content posted to the Site by you or others, including any Unacceptable Content that violates this Agreement.
USE OF CONTENT SUPPLIED BY YOU.
CONTENT POSTED BY USERS IS NOT ENDORSED BY BARNOTES.
BarNotes does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of BarNotes or its third party service providers. BarNotes reserves the right, but undertakes no duty or obligation, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice.
THIRD PARTY LINKAGES.
You agree to indemnify BarNotes and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your postings of Content or other communications, from your unauthorized use of Content, from your unauthorized use of the Services or Site Information obtained through the Site, or from your breach of or other non-compliance with this Agreement.
DISCLAIMER OF WARRANTY.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BarNotes, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. BarNotes DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT, OPINION, ADVICE OR OTHER STATEMENTS ON THIS SITE OR AVAILABLE THROUGH LINKS ON THIS SITE. BarNotes, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE.
LIMITATION OF LIABILITY.
BARNOTES, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE BarNotes, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
THE SECURITY OF THE SITE.
We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard the Site, our systems and our customers' personal information. For example, for the security of your online visit to the Site, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, BarNotes cannot ensure or warrant the security of any Content or other information you transmit to us, and you do so at your own risk. In the event we learn of a breach of the confidentiality or security of your personal information, we will endeavor to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with Site.
When you visit the Site or send emails to us, you are communicating with us electronically and by doing so you consent to receive communications from us electronically. We will communicate with you be email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION AND GOVERNING LAW.
BarNotes makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
THE SITE IS FOR USE IN THE UNITED STATES.
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
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