Terms and Conditions of Use
Authority to Access
To access or use the App, you must be over the age of 18, or of legal bartending age in your respective State or Country if the law requires you to be over 18 in your jurisdiction to work as a bartender. You must also have a valid account created with us and must have paid for the service through our third-party payment processor. You may not use the App if your subscription has expired or we have terminated your account or banned you.
Content on the App
Content from you, other users, advertisers, Bartender's Binder, and other third parties is made available to you through the App. Content means any information including training, Bartender's Binder news, recipes from any user or advertiser, employee names, work schedules, inventory lists, advertisements, batch amounts, and any other information or data of any type generated by you, Bartender's Binder, or anyone else using the App. You understand and agree that we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by us, users, advertisers, and third parties. You understand that you are responsible for inputting a large amount of information to use the App, and you recognize that how you enter that information and the accuracy with which you enter the information will have a significant impact on the use of the App as well as the accuracy of any suggestions or information the App provides you. You and you alone are responsible for verifying the accuracy of the information you enter into the App as well as the information you find from other third-parties or Bartender's Binder suggestions on the App.
You represent and warrant that you will use the App solely for lawful purposes in a manner consistent with the Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have to us as well as any third parties. You are solely responsible for any and all Content you submit to the App ("Your Content"). You are responsible for Your Content and verifying the accuracy of any results or suggestions made by the App based on Your Content, including but not limited to the "Batching", "Virtual Inventory", "Depletion", and "Bottle Out" functions as well as any other functionality in the App. You agree that by submitting Your Content to the App, you have reviewed and understood these Terms. You understand that you may expose yourself to liability if Your Content or other use of the App violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or use another person's electronic mail address ("email");
- Submit Content under false or fraudulent pretenses;
- Submit Content that you do not own or do not have the right to use in accordance with the license set forth in these Terms;
- Violate the Terms, the terms of your other agreements with us, or any applicable law, rule or regulation;
- Promote, endorse or further illegal activities using the App;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third-party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Imply a Bartender's Binder endorsement or partnership of any kind without our express written permission;
- Introduce software or automated agents to the App, or access the App so as to produce multiple accounts, or to scrape, strip or mine data from the App without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of the App into any website, or "deep-link" to any portion of the App without our express written permission.
- Copy, modify or create derivative works of the App or any Content (excluding Your Content) without our express written permission;
- Copy or use the information, Content (excluding Your Content), or data on the App in connection with a competitive service, as determined by us;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to the App or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the App;
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the App; or
- Attempt to circumvent any security feature of the App.
We do not claim ownership in any of Your Content, but you grant us the rights to use Your Content as set forth below. By submitting Your Content to the App, you hereby grant to us, and our affiliates and sister companies an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. We may compile and use aggregated non-personal information taken from Your Content that no longer identifies you as an individual and may provide and sell such information to third parties. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve the App. Unless you give Bartender's Binder explicit consent, any recipes, specials, pricing numbers, or other proprietary information will not be shared with any third-parties. No compensation will be paid with respect to Your Content that you post or publish on the App. You should only submit Your Content to the App that you are comfortable sharing with others pursuant to the terms and conditions of the Terms.
Rights to Bartender's Binder Content
Bartender's Binder contains Content provided by us and our licensees. We and our licensees (including other users, and third-party advertisers) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Bartender's Binder owns and retains all property rights in the App. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Bartender's Binder solely for your personal use in connection with using the App. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the App or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to the App.
You agree to defend, indemnify, and hold us and our affiliates, our agents, subsidiaries, sister companies, and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Bartender's Binder Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third-party due to or otherwise arising from your use of the App including your breach of any provision of the Terms.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have that may not be lawfully limited.
You are solely responsible for your interactions with employers, employees, distributors, your customers, advertisers, and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser, employer, or user of the App, including you. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on the App, whether caused by users, you, advertisers, distributors, or by any of the equipment or programming associated with or utilized in the App. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers, employees, distributors, or other users. We are not responsible for any delay in business, lost profits, lost work time, or any other thing caused by using the App or any of the Content in the App (including Your Content). We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the App or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the App. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the App or from any Content posted on the App or transmitted to users, or any interactions between users of the App, whether online or offline.
The App are provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) the App will meet your requirements; (2) the App will be available on an uninterrupted, timely, secure, or error-free basis; (3) the results that may be obtained from the use of the App will be accurate or reliable; (4) you are guaranteed or will at any time in the future obtain employment through the App.
You hereby release the Bartender's Binder Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE BARTENDER'S BINDER GROUP BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BARTENDER'S BINDER GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Special Provisions Applicable to Advertisers and Partners
This provision applies to all advertisers and partners who purchase ads or are listed as a named sponsor or partner, or list any recipe, product or suggestion on the App for money or compensation of any type. ("Ads"). Unless we agree otherwise, you may not use or otherwise process data collected or derived from Ads ("Ad Data") for any purpose (including retargeting, building or augmenting user Profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns or sponsorship on an aggregate and anonymous basis. You may not permit a third-party to transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users and Bartender's Binder if you provide clear notice to and obtain consent from those users or receive clear consent from us, and comply with all applicable laws and industry guidelines including those applicable to data protection.
Enforcement by Bartender's Binder
Removal of Content. While we have no obligation to do so, we reserve the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates the Terms or other applicable policies posted on Bartender's Binder, or that we deem, in our sole discretion, inappropriate. If you see any Content on the App that you believe violates our policies, you may report that Content by contacting us via email or our contact submission form. Once notified, we may review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of the Terms or any agreement we have with you.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate the Terms including, without limitation: removing Content (or portions thereof) from the App; suspending your rights to use the App; terminating your account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's personal address or identifying information (such as a mailing address or phone number).
The Terms remain in effect while you use the App and, for registered users (where applicable), as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of the App, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of the Terms shall survive termination or expiration of the Terms except those provisions granting access to or use of the App. For the avoidance of doubt, you agree that these Terms apply to your use of the App and any Content posted on the App at any time prior to the termination or expiration of the Terms.
Changes to Terms
We may revise the Terms from time to time by posting an updated version on the App. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify by means of a notice on the App prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page. Your continued use of the App is subject to the most current effective version of the Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Bartender's Binder. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Wisconsin subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Wisconsin at 709 BLUE RIDGE PKWY, MADISON , WI 53705-1145. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Dane County, Wisconsin or the federal courts in the Western District of Wisconsin, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
The Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the App, shall be governed by the laws of the State of Wisconsin without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. Any claim, dispute, or other legal proceeding shall be brought and litigated exclusively in the state courts located within Dane County, Wisconsin or the federal courts in the Western District of Wisconsin, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.