You may not use this web site if you are not of legal age to consume alcoholic beverages in the state in which you reside.
Ownership and Operation
This site and its related services and applications (collectively, this “Service”) is being offered by Buzz Bar, LLC, a Florida limited liability company (“BUZZBAR®” or “we”). BUZZBAR® may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.
Agreement to Be Bound
Ownership and Use of the Service and Site Materials
All right, title and interest in and to this Service, including all text, designs, images, videos, audio, graphics, Software, charts, photographs, icons and other content and materials on the Service (collectively, “Materials”), are owned by BUZZBAR® and its licensors. The design, collection, selection, arrangement, and assembly of all Materials on this Site (the “Compilation”) belongs exclusively to BUZZBAR® or its Software suppliers. BUZZBAR® also owns or has a right to use all trademarks, service marks, logos, emblems, trade dress and trade names used on this Service (collectively, “Trademarks”). The Materials, the Software and the Compilation are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to BUZZBAR® appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any BUZZBAR® Trademark without the express written consent of BUZZBAR® is strictly prohibited. You may not use any BUZZBAR® Trademark in any way that is likely to cause confusion. You may not use any BUZZBAR® Trademark in any way that disparages or discredits BUZZBAR®. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to BUZZBAR® or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by BUZZBAR® in its sole discretion.
No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.
If you register an account on the Service (an “Account”), you:
- must not allow any third party to access the Service using the email address you provided during the registration process (“Log-in ID”) and password;
- are prohibited from using anyone else’s Log-in ID and password to access the Service;
- are responsible for ensuring that any information that you provide to BUZZBAR® as part of the account registration process is accurate and is kept up to date at all times, and you will notify BUZZBAR® immediately of any changes to this information;
- are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password; and
- will notify BUZZBAR® immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password.
User Code of Conduct
In using or accessing this Service, you agree, without limitation:
- not to use this Service for commercial purposes;
- not to “spam” others or “phish” for others’ personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
- not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
- not to create or use a false identity on this Service;
- not to collect or store personal data about others;
- not to use, frame or utilize framing techniques to enclose any part of this Service without BUZZBAR®’s express prior written consent;
- not to use meta tags or any other “hidden text” utilizing any Trademark without BUZZBAR®’s express prior written consent;
- not to “deeplink” to this Service without BUZZBAR®’s express prior written consent;
- not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
- not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
- not to use this Service in breach of any Third Party Site’s (as defined below) terms and conditions.
Certain portions of the Service may permit you to submit, post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
- contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses;
- could be considered bulk unsolicited communications;
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- contain advertisements or solicitations of any funds, goods or services; or
- is a communication by a user impersonating another user.
By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.
No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.
If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which BUZZBAR® makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and BUZZBAR® will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
Geographic Scope of Site
BUZZBAR® controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those BUZZBAR® products that are sold by BUZZBAR® in the United States and its territories and possessions, and BUZZBAR® makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.
Links to Other Sites
For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by BUZZBAR® (“Third Party Sites”). BUZZBAR® has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. BUZZBAR® may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by BUZZBAR® to, or an endorsement by BUZZBAR® of, the linked Third Party Sites or any products or services, or other materials on or available from such Third Party Sites. BUZZBAR® is not responsible for webcasting or any other form of transmission received from any linked Third Party Sites. In addition, BUZZBAR® is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any BUZZBAR® products through a social network platform, including through links provided by BUZZBAR® through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by BUZZBAR®, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
Accuracy of Information
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. BUZZBAR® makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BUZZBAR® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BUZZBAR® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BUZZBAR® shall immediately issue a credit to your credit card account in the amount of the charge.
CONTENTS OF THIS SERVICE – DISCLAIMER
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUZZBAR® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUZZBAR® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. BUZZBAR® UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. BUZZBAR® IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND BUZZBAR® DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS IN OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, BUZZBAR® CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, BUZZBAR® IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF BUZZBAR® OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
OPERATION OF THIS SERVICE – DISCLAIMER
BUZZBAR® ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, BUZZBAR® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUZZBAR® MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OF ANY TYPE OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT BUZZBAR®) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, MALWARE, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BUZZBAR®, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BUZZBAR® PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE BUZZBAR® PARTIES SHALL NOT BE LIABLE EVEN IF BUZZBAR® OR A BUZZBAR® AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE, MALWARE OF ANY KIND OR OTHER HARMFUL COMPONENT.
Note as to Disclaimers and Limitation of Liability
Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the BUZZBAR® Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.
You agree that BUZZBAR®’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BUZZBAR® shall be entitled to seek specific performance or injunctive relief, or both, in addition to any damages that BUZZBAR® may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No instance of waiver by BUZZBAR® of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
No right or remedy of BUZZBAR® shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.
ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and BUZZBAR® agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Los Angeles County, in the State of California. We encourage you to call BUZZBAR® in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and BUZZBAR® also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and BUZZBAR® hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
BUZZBAR® will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Buzz Bar, LLC
1299 Ocean Avenue, Suite 306
Santa Monica, California 90401
Attn: DMCA Copyright Agent
We suggest that you consult your legal advisor before filing a notice with our copyright agent.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.
Applicable Law; Jurisdiction
No Legal Effect
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