Terms & Conditions
By using or otherwise accessing our Services, you are acknowledging that: (a) you have read and understood these Terms, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please immediately stop all use of Bartenders On Wheels’s Services. If you have any questions or need any clarifications, please contact us before using the Services. Please note that these Terms were written in English; to the extent any translated version of these Terms conflict with the English version, the English version published by Bartenders On Wheels controls.
Relationship and Conduct
1. Incorporation of Introduction. You hereby represent that everything in the Introduction, above, and otherwise submitted to us by you through the Services or in other communication with us, is true and accurate, and you agree that the Introduction is a part of these Terms.
2. Modification of These Terms. We may modify these Terms at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Services, or failure to terminate your account with us, during thirty (30) days subsequent to any modifications will constitute acceptance of the Terms as so changed. You will be given notice of each modification by: (a) the updating of the “Last Revised” date, above, and (b) an email sent to you by us at the address you designate , in the event you choose to designate an email address. If you choose not to designate an email address, you expressly agree that, by updating the “Last Revised” date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Services. As such, please check the “Last Revised” date prior to each use of the Services by you, as you will be bound by these Terms as they exist on the date of each such use.
3. Reserved Rights. Without limitation to all other rights enjoyed by Bartenders On Wheels, we expressly reserve the right at any time to:
- Modify these Terms as provided herein;
- Change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings;
- Terminate the membership of any member without refund and/or pursue legal action against any user of this website who does not comply with these Terms, though BartendersOn Wheels assumes no obligation to do the same;
- Change any fees or charges for using the Services;
- Change, edit, add to, disable or delete any PromoKit information or imagery at our sole discretion, or other content within the Services, without notice;
- Terminate “Event Planner” accounts we feel may be putting our members at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;
- Monitor any and all member-to-client and/or member-to-member interactions;
- Revoke any account without refund for acting in a manner Bartenders On Wheels deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due;
- Hold a deposit or balance payment if at our sole discretion we determine that the booking is a risk for fraud;
- Require a deposit or balance payment be returned to Bartenders On Wheels if a booking is not honored and/or we determine a violation of these Terms has occurred. Failure to return a payment when requested could result in permanent removal from the Services; and
- Remove any member account at any time for any reason.
4. Online Conduct. At all times when using or accessing the Services, you agree that:
- You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Services or transmit to other members.
- You will not post on the Services, or transmit to other members or Bartenders On Wheels employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Services does not comply with the foregoing.
- You will use the Services in a manner consistent with any and all applicable laws and regulations.
- You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. Bartenders On Wheels reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
- You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
- You will not falsify your identity or misrepresent yourself in any way on the Services or in your Bartenders On Wheels PromoKit.
- You will not “stalk” or otherwise harass any person in any way.
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Services.
- You will not transmit any chain letters, spam or junk email to other members or to us.
- You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not interfere with or disrupt our services or the Services, or the servers or networks connected to our services or the Services.
- You will not post html code except where instructed in any area of your profile within the Services.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking,” “denial of service” attacks, and the like).
- You hereby grant Bartenders On Wheels permission to add content to your PromoKit at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your PromoKit.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Services, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.bartendersonwheels.com or our Services in order to direct any person to any other website for any purpose.
- You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the Services or any source code or other software used in or for the Services, nor will you cause, assist, or encourage others to do so.
- You are solely responsible for your interactions with other members. Bartenders On Wheels reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other members.
- You will not, for any reason, directly or indirectly submit a review to a PromoKit with which you are affiliated. Reviews may only be posted by legitimate clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Posting any illegitimate review, whether on your own or on another member’s PromoKit, may result in your account’s immediate termination, at our discretion, without refund, and may also result in a permanent ban from the Services.
- Members are required to keep all bookings and their associated communications on the Bartenders On Wheels platform. We reserve the right to terminate any member account that attempts to complete a booking outside ofBartenders On Wheels, when that booking has originated from aBartenders On Wheels inquiry. Discouraging, suggesting, and/or preventing clients from booking you through Bartenders On Wheels is not permitted, and discouraging clients from hiring other Bartenders On Wheels members is not permitted.
- You will not re-sell or re-offer any lead you receive through Bartenders On Wheels to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.
- Bartenders On Wheels has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on their Bartenders On Wheels PromoKit. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in PromoKit photos, in PromoKit text, in PromoKit audio/video samples, or in messages to prospective clients.
- You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from Bartenders On Wheels related to your or another member’s compliance with these Terms.
Failure to comply with the foregoing provisions outlined under “Online Conduct” above may result in immediate suspension or termination of your right to use the Services without refunding your membership fees. Bartenders On Wheels reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms.
5. Purpose and Nature of the Services. The contents of our Services, and the Services in general, are intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements to provide entertaiment services (collectively, “Permitted Uses”). Selling or offering to sell any interest in real property, any personal property, or other tangible good (as opposed to your entertainment services) is not a Permitted Use of the Services and is strictly prohibited. You represent and warrant that you understand, and agree, that Bartenders On Wheels is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of services at any event or engagement. While we do believe that Bartenders On Wheels members will achieve some amount of exposure from a listing within our Services, we do not guarantee in any way that the use of our Services will produce paying clients for our members. We do not guarantee that users who supply services as a result of introductions made through Bartenders On Wheels will be paid for their services. We do not represent or guarantee that our Services will further the careers of our members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore,Bartenders On Wheels does not take responsibility for the content of any member profile, or member services offered on any profile.Bartenders On Wheels does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a member should be directed to the particular member.Bartenders On Wheels does not endorse, sanction, or verify members on this website. Contacting these members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any member listed within our Services.
6. Age Restrictions. In order to use Bartenders On Wheels’s Site and other Services you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13.
A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by Bartenders On Wheels. Some areas of the Site and App may contain material that is inappropriate for Minors.
9. No Partnership, Agency, or Affiliation. Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that Bartenders On Wheels is not the partner, agent, joint venturer, or otherwise an affiliate of you, any member, or any other user of the Services.
Registration, Payments and Refunds
Bartenders On Wheels allows members to set up one (1) free account, which may be terminated or redacted by Bartenders On Wheels at any time, for any reason, and without notice. Members shall not have more than one free PromoKit at any one time if they are part of the same affiliation, regardless of location or act name specified in the PromoKit.
When you register to use our Services, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the member control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Bartenders On Wheels, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your account.
11. Bartenders On Wheels‘s Fees. Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information is available on the Site. All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, takedown fees, and the like, are referred to herein as “ Fees.” All financial information addressed within the Services (including Bartenders On Wheels Fees, gig quotes, deposits, and/or any other various pricing information) is given in terms of US dollars.
12. Payment of PromoKit Fees. By registering for a PromoKit, other than a free PromoKit, you authorize us to charge your credit card, debit card or other payment method at such time. You agree that we may charge all Bartenders On Wheels Fees owed in connection with your PromoKit (the “PromoKit Fees”) to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all PromoKit Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “Bartenders On Wheels.” You agree not to cause your credit or debit card company to reverse or “chargeback” any PromoKit Fees charged in accordance with these Terms; and in the event you do so, we may terminate your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
13. Automatic Renewals. If you choose a monthly subscription to a Service, your subscription will continue indefinitely until canceled by you. After your initial payment of the monthly PromoKit Fee, your subscription will automatically continue each month at the price you agreed to when subscribing to that Service. You agree that your monthly membership will be subject to this automatic renewal feature. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription to a Service, please log in to your account and follow the cancellation process. If you cancel your subscription to a Service, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the PromoKit Fee paid for the then-current subscription period. By registering for a PromoKit, and choosing a monthly membership, you authorize us to charge your credit card or debit card at the beginning of each renewal subscription period. Upon the renewal of your monthly membership, if we do not receive payment, you agree that we may either terminate or suspend your use of the Services, or revert your account to a free PromoKit, thus losing any applicable features or benefits of a paid PromoKit.
You may choose to prepay for a Service for 6 months or 1 year at the time of registration. Doing so will prevent your account from being subject to automatic renewals. When you reach the end of a prepaid subscription, your account will revert to a free PromoKit, thus losing any applicable features or benefits of a paid PromoKit, unless you log in to your account and renew your subscription.
14. Collection of Deposits and Gig Payments. Each member or other user that is a provider of services promoted within the Services (each a “Supplier”) hereby appoints Bartenders On Wheels as its agent for receipt of deposit, balance, or other payments that Bartenders On Wheels permits to be made through the Services (each a “Payment”). Where a user that is not a Supplier and who wishes to retain a Supplier for services (each a “Purchaser”) wishes to make a payment to a Supplier through the Services, Bartenders On Wheels may, but is not required to, accept such Payment in its capacity as agent of the Supplier. As of the instant when Bartenders On Wheels is in receipt of any Payment, the Supplier for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if Bartenders On Wheels settles the Payment amount to Supplier. Purchaser shall be a third party beneficiary of such release by Supplier hereunder. Following receipt of Payments for Suppliers, Bartenders On Wheels shall settle the amounts thereof to Suppliers less all Bartenders On Wheels Fees disclosed in the Services and less any chargebacks, reversals or returns by Purchaser. Bartenders On Wheels reserves the right to return any Payment to a Purchaser for any reason or for no reason. Bartenders On Wheels reserves the right to provide Purchaser with a receipt in the name of the Supplier for each Payment which receipt Supplier shall honor.
15. Refunds. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.
Intellectual Property Rights, Licenses, and Complaints
16. Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within the Services (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Bartenders On Wheels. The Services as a whole is protected by copyright, trademark, trade dress and other proprietary rights, all worldwide right, title and interest in and to which is owned and controlled by Bartenders On Wheels. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Bartenders On Wheels does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Bartenders On Wheels hereby expressly disclaims any such affiliation or endorsement.
17. Site and Services Use License Subject to these Terms and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Contents. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand that the Site and Contents are for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site or App (i) no Contents (other than your Submissions) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to Bartenders On Wheels’s Site, App, or other Services.
18. License to Submissions. With respect to any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to Bartenders On Wheels for posting on your PromoKit (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally and irrevocably grant to Bartenders On Wheels and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services.
If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP, SESAC, or GMR, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms.
Bartenders On Wheels shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms. The foregoing licenses and rights granted to Bartenders On Wheels will survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as Bartenders On Wheels shall have no obligation to return any Submissions to you should it become damaged or lost.
You represent, warrant and agree that:
- You own or control all necessary rights in and to the Submissions to use them with Bartenders On Wheels;
- You have the full right and authority to grant the rights, licenses, and permissions in these Terms;
- All Submissions submitted by you into or through the Services do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s); and
- To the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your Submissions, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your Submissions, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your Submissions, and at our request you shall provide us with confirmation of such authorizations and payments.
19. Complaints About Perceived Trademark Infringement. Bartenders On Wheels respects intellectual property rights, and will remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that a Bartenders On Wheels member or any content within our Services violates your trademark rights, please seek legal advice. You may also read basic facts about trademark rights, published by the United States Patent and Trademark Office.
Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this Section 19) has occurred, we encourage you to contact the Bartenders On Wheels user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Bartenders On Wheels’s involvement.
If you believe the perceived trademark infringement requires action by Bartenders On Wheels, you may submit a formal claim of perceived infringement to Bartenders On Wheels. Doing so is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of Your Mark, please fill out all fields in a claim form, and fax, mail, or email the completed claim to Bartenders On Wheels
To be considered a complete claim, you will be required to provide all of the following information:
- Your full name, mailing address, email address, and phone number;
- The specific word, term, design, image or other device in which you claim trademark rights (“Your Mark”);
- A summary of the goods and/or services sold or offered by you under Your Mark;
- The United States Patent and Trademark Office (USPTO) or Canadian Intellectual Property Office (CIPO) registration number for Your Mark;
- The URL, or other information, sufficient to permit Bartenders On Wheels to locate and identify the material you contend infringes Your Mark;
- A detailed description of how you believe the reported material infringes Your Mark;
- A declaration, under penalty of perjury, that either (a) you are the owner of Your Mark, or (b) you are an authorized representative of the owner (including an explanation of your relationship to the owner of Your Mark);
- A declaration, under penalty of perjury, that: (a) you believe in good faith that content complained of is not authorized by the owner of Your Mark, its agent, or the law; and (b) the information contained in the completed claim form is accurate in all respects; and
- Your signature.
Bartenders On Wheels will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Services or take other action(s) to address the perceived infringement; however, if such member promptly provides Bartenders On Wheels with persuasive evidence or arguments, in Bartenders On Wheels’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.
Please be advised that we may, in our discretion, provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you, as well as any contact information we have on file for you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement.
Without limiting Bartenders On Wheels’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20. Complaints About Perceived Copyright Infringement. Bartenders On Wheels respects intellectual property rights, and will remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the United States Copyright Office.
Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this Section 20) has occurred relative to Work you created or own, you must follow the procedures set forth below.
20.A. User-Generated Content; DMCA. If you believe that content within our Services that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Bartenders On Wheels’s involvement.
If you believe the perceived copyright infringement requires action by Bartenders On Wheels, you must submit to Bartenders On Wheels a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when Bartenders On Wheels receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.
You may use the claim form provided by Bartenders On Wheels or may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to Bartenders On Wheels for processing must contain at least the following:
- An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single Takedown Notice, a list of all works alleged to have been infringed;
- An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
- Contact information of the Complainant, such as an address, telephone number, electronic mail address;
- A statement that the Complainant 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;
- A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and
- A physical or electronic signature of the Complainant.
You must submit the completed Takedown Notice to Bartenders On Wheels’s designated agent under the DMCA.
Upon receipt of a Takedown Notice Bartenders On Wheels deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement, as well as any contact information we have on file for the alleged infringer.
Without limiting Bartenders On Wheels’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20.B. Other Content. If you believe the perceived copyright infringement involves content generated by Bartenders On Wheels, rather than members or other users of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
Disputes, Liabilities, and Disclaimers
21. DISCLAIMER OF ALL WARRANTIES. All data and information featured in the Services is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the Services; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the Services will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Services; (v) any details relating to any transactions you may engage in with any other use of the Services; (vi) the quality of the listings or other information offered by you or any user of the Services; (vii) the financial condition of you or any user of the Services; or (viii) compliance with local, state and federal laws by you or any other user of the Services. Bartenders On Wheels makes no representation that the information in the Services is appropriate or available for use in locations outside the United States, and access to the Services from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Services from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
22. LIMITATION OF LIABILITY. Neither Bartenders On Wheels nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. Your sole remedy as a result of any breach or alleged breach by us of these Terms is limited to your ability to discontinue use of the Site and App, and your ability to terminate your participation in any Services. To maximum extent allowed by applicable law, Bartenders On Wheels shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Services or information flowing through the Services.
23. ASSUMPTION OF RISK. Your use of the Services is at your sole risk. You should conduct your own independent investigation of the users of the Services before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the Services be liable for any financial or other obligations that may arise between you and any other user of the Services.
You acknowledge that documents posted to and content available through the Services may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Services. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
24. WAIVER AND RELEASE. By using our Services, you hereby waive any rights of recovery, under any theory of law, that you may have against Bartenders On Wheels, and its parents, subsidiaries and affiliates, and you release Bartenders On Wheels from any claim, cause of action or demand, on account of your use of the Services or the provision of the Services by Bartenders On Wheels.
25. Indemnification. By using the Services, you agree to indemnify, defend, save and hold harmless Bartenders On Wheels, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgments, damage, demands, cost, or expenses (including reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Services; (ii) any breach or violation by you of these Terms; (iii) any breach or violation by you of any representation or warranty made herein; and/or (iv) your violation of any rights of any third party. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 25. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses.
26. Applicable Law. These Terms and Bartenders On Wheels’s provision of the Services to you shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflict of laws provisions thereof and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
27. Exclusive Jurisdiction. You and Bartenders On Wheels further agree that any dispute, claim, or action to interpret or enforce these Terms, or in any way related to your use of, or Bartenders On Wheels’s provision of, the Services, may only be brought exclusively in the state or federal courts of North Carolina. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s).
28. Enforcement Costs. Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.
Terms Applicable to Mobile Application
29. Downloading App from App Providers. If you download our App from a third-party app store (the “App Provider”), you acknowledge and agree that:
- These Terms are an agreement between you and Bartenders On Wheels only, and not with the App Provider. As between Bartenders On Wheels and the App Provider, Bartenders On Wheels is solely responsible for the App and the Services rendered in connection with the App;
- The App Provider has no obligation to provide any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Bartenders On Wheels and the App Provider, Bartenders On Wheels’s responsibility;
- The App Provider is not responsible for addressing any claims you have relating to the App or the Services, or your possession and use of the App;
- If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Bartenders On Wheels, Bartenders On Wheels will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
- The App Provider and any of its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
- You must also comply with all applicable third-party terms of service when using the applications.
30. License to Download and Use the App. Subject to your strict compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We reserve all rights in the App not expressly granted to you by these Terms.
31. Upgrades. The App may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the App and our Services.
32. Devices and Communications Charges. To download, use, or access our App, you will need a compatible “smart” device. We cannot and do not guarantee that the App will be compatible with, or available on, your specific device. You telecommunication company’s normal messaging, data, and other rates and fees will still apply. You understand that you are responsible for any charges associated with sending or receiving data and communications via your device.
33. Notice to California Users. Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
34. Contacting Us. If you have any feedback, questions, concerns, or comments about any of the Services, please contact us. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
35. Modifications to the Services. We may make improvements or other changes to the Services, or to the information within and services offered through the Services, without notice to you. We may add, delete, move, or modify some or all of the Services at any time.
37. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bartenders On Wheels as a result of these Terms or your use of the Services.
38. Severability. Invalidation of any provision of these Terms shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
40. Entire Agreement; Amendments and Waiver. These Terms comprise the entire agreement between you and Bartenders On Wheels regarding your use of the Services, and they supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms must be made in writing, signed or posted within the Services by Bartenders On Wheels.