U.S. Terms and Conditions
AllBars Terms and Conditions
By downloading, accessing, or using our mobile application AllBars ("App") or visiting our website (www.allbarsapp.com) ("Website"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using the App or Website. If you do not agree with any part of these Terms, you must not use the App or Website.
Definitions
1. Service provider: The terms "we," "us," "our," and "Company" refer to AllBars LLC, the owner and operator of the AllBars mobile application ("App") and Website. AllBars LLC is an LLC registered in Colorado.
2. User: The terms "you" and "your" refer to any individual or entity that accesses, downloads, installs, or uses the Software. By using the Software, you agree to these Terms and warrant that you have the legal capacity to do so.
3. Software: The term "Software" refers collectively to the AllBars mobile application ("App") and the official AllBars website ("Website"), including all related updates, features, services, content, and functionalities provided through both platforms. It encompasses any associated systems, server-side components, APIs, data processing infrastructure, and any proprietary technology or content developed, owned, or licensed by AllBars LLC that supports the operation and functionality of both the App and the Website.
4. Application: The term "Application" or "App" refers to the AllBars mobile software application, including any updates, features, or services provided through the mobile application, as well as any related documentation, backend systems, server code, and infrastructure, all of which are offered by AllBars LLC.
5. Website: The term "Website" refers to the official AllBars website, accessible at www.allbarsapp.com, along with any updates, features, or services provided through the Website. This includes any associated web pages, content, and functionality offered by AllBars LLC, as well as all related systems, server-side components, APIs, and data processing infrastructure that support the Website’s operations.
6. Our Content: The term "Our Content" refers to all text, graphics, images, audio, video, software, data, information, and other materials that are created by, owned by, or licensed to AllBars LLC, and made available within the Application. This includes but is not limited to the Application’s design, layout, user interface, and any proprietary information provided through the App.
7. Your Content: The term "Your Content" refers to any text, graphics, images, audio, video, comments, reviews, forms, or other materials that you, as a user, create, upload, submit, post, or otherwise make available through the Application.
8.
Third-Party
Content:
The term "Third-Party Content" refers to any content, including text,
graphics, images, audio, video, software, data, information, and other
materials that are created by, owned by, or licensed to parties other than
AllBars LLC or its users, and made available through the Software. This may
include content provided by external websites, advertisers, partners, or other
entities not affiliated with AllBars LLC.
Acknowledgment
These are the Terms and Conditions governing the use of the AllBars mobile application ("App") and the official AllBars website ("Website"), as well as the agreement that operates between you and AllBars LLC ("Company"). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Software.
Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Software.
By accessing or using the Software, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access or use the Software.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Software.
Your access to and use of the Software is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Software and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Software.
Changes to Terms
We may update or modify these Terms and Conditions from time to time at our sole discretion. The most recent version of the Terms will always be available on our App and on our Website at www.allbarsapp.com/terms.
By continuing to access or use the App or the Website after the revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the App and the Website.
User Accounts
1. Account Creation:
You agree to provide accurate, current, and complete information during the account creation process on the App and to update such information to keep it accurate, current, and complete.
2. Email Address:
You must provide a valid email address that is your own. This email address will be used for account verification, communication, and other purposes related to your use of the App. By providing your email address, you consent to receive information, updates, and promotional emails related to the App. You may opt out of promotional emails at any time by following the unsubscribe instructions included in the emails.
3. Account Security:
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to disclose your password to any third party. You are fully responsible for all activities that occur under your account. If you suspect or become aware of any unauthorized use of your account or any other security breach, you must immediately notify us.
4. Prohibited Conduct:
You may not impersonate any individual, company, or entity when creating an account or using our App. Any attempt to misrepresent yourself or others is strictly prohibited.
5. Account Termination:
We reserve the right to suspend, deactivate, or terminate your account at any time, for any reason, without prior notice. This includes but is not limited to violations of these Terms and Conditions.
6. Responsible for Account Activity:
You are solely responsible for all actions taken through your account, including any content posted or activity conducted within the App. Any misuse of your account or the App may result in the termination of your account and potential legal action.
7. One Account Per Person:
You are allowed to create and maintain only one account per person. Any attempt to create multiple accounts or use false information to create additional accounts is strictly prohibited. If we discover that you have violated this policy, we reserve the right to suspend or terminate all accounts associated with you without prior notice.
Content
1. Your Content:
You are solely responsible for any content that you create, upload, submit, post, or otherwise make available through the Application ("Your Content"). This responsibility includes all risks associated with the use of Your Content by others, including any reliance on its quality, accuracy, or reliability, as well as any disclosure of personal information contained within it. You acknowledge that by posting false, defamatory, infringing, or otherwise unlawful material, you may be exposed to legal liability.
You agree that Your Content will not violate any copyrights, patents, trademarks, or other intellectual property rights, and will not include any unlawful, offensive, or inappropriate material. You further agree not to submit any content that misrepresents or impersonates another person or entity.
2. Content Restrictions:
You agree not to post, upload, submit, or otherwise make available any content that:
● Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
● Promotes violence, discrimination, bigotry, racism, hatred, or harm against any individual or group.
● Violates any third-party rights, including but not limited to intellectual property rights, privacy rights, or any other proprietary rights.
● Contains any viruses, malware, or other harmful code that could disrupt or damage the Application or the devices of other users.
● Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
● Contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
AllBars LLC reserves the right, but is not obligated, to monitor, review, remove, or edit any content posted by users at its sole discretion. We may remove or disable access to any content that we deem to violate these Terms and Conditions or for any other reason, without prior notice or liability.
3. Use of Your Content:
By uploading or submitting Your Content to the Application or Website, you grant AllBars LLC an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Your Content in any media or distribution method now known or developed in the future. This license includes the right for AllBars LLC to make Your Content available to other companies, organizations, or individuals with whom AllBars LLC has relationships for the provision of services, and to use Your Content in connection with the provision of those services.
You waive any rights to attribution, integrity, or other moral rights you may have in Your Content, and you agree that AllBars LLC has the right to use Your Content without any obligation to provide notice or compensation to you.
4. Ownership:
You retain ownership of all content that you create, upload, submit, post, or otherwise make available through the Application ("Your Content"). AllBars LLC does not claim any ownership rights in Your Content. However, by using the Application, you grant AllBars LLC the rights as described in the "Use of Your Content" section above.
AllBars LLC retains ownership of all content created by, owned by, or licensed to AllBars LLC and made available through the Application ("Our Content"). This includes, but is not limited to, all text, graphics, images, audio, video, software, data, information, and other materials provided by AllBars LLC.
You may not license, sell, publish, copy, create derivative works from, publicly display, reproduce, or otherwise use Our Content, Your Content, or other users' content for any purpose outside of the Application without our prior written consent, except as otherwise provided in these Terms. This includes, but is not limited to, the use of such content for commercial purposes, publication, or redistribution in any form.
Bar Ownership and Claiming
Bar owners or their certified representatives ("Claimants") may claim their bar on the Application and make changes to its profile. By claiming a bar and submitting changes, you agree to the following terms.
1. Legitimate Ownership or Representation
You confirm and warrant that you are the legal owner or an authorized representative of the bar you are claiming. You agree not to claim a bar fraudulently or without proper authority.
2. Accuracy of Information
You agree to provide accurate, truthful, and complete information about the bar you are claiming. You must not knowingly submit false, misleading, or inappropriate information when making changes to your bar's profile.
3. Review and Approval of Changes
All changes you submit to your bar's profile are subject to review and approval by AllBars LLC. AllBars LLC reserves the right, at its sole discretion, to accept, reject, or modify any changes you submit. This includes, but is not limited to, changes to the bar’s name, description, hours, images, or other details.
4. Governance of Submitted Changes
AllBars LLC retains the right to govern changes made to bar profiles based on our best judgment. For example, if you submit changes that we deem inappropriate, inaccurate, or not aligned with our platform standards (e.g., an unsuitable name change), we reserve the right to reject or modify the submitted information.
5. No Obligation to Implement Changes
While we encourage Claimants to provide accurate updates, we are under no obligation to use or display the changes you submit.
6. Liability for False Claims or Information
If you claim a bar illegitimately or provide false or misleading information, AllBars LLC reserves the right to revoke your access to the claimed bar, remove your changes, or take other appropriate action, including legal recourse if necessary.
7. Indemnification
You agree to indemnify and hold harmless AllBars LLC from any claims, damages, or liabilities arising from your claim of a bar or the information you submit, including but not limited to disputes over ownership or representation.
Bar Sponsorship
By purchasing a sponsorship for your bar (“Sponsorship”), you agree to the following terms and conditions:
1. Sponsorship Benefits:
a. Your bar will appear at the top of the search results for your city within the AllBars Software during the selected sponsorship period.
b. Your bar’s placement is limited to the general search results and will not apply if users apply filters to refine their search.
2. Sponsorship Period:
a. The sponsorship period begins at 12:01 AM (local time) on Monday and ends at 11:59 PM (local time) on Sunday for the week you have purchased.
b. Sponsorships are sold on a week-by-week basis and cannot be divided into shorter durations.
3. No Guarantees:
a. AllBars LLC does not guarantee any increase in traffic, sales, revenue, or other measurable outcomes as a result of your sponsorship. Sponsorship merely enhances the visibility of your bar within the Software.
4. No Refunds:
a. All payments for sponsorships are final and non-refundable. Refunds will not be issued for any reason, including but not limited to user error, dissatisfaction with the results, or changes to your business operations.
5. Payment Terms:
a. Full payment is required at the time of purchase to secure your selected sponsorship period.
b. AllBars LLC reserves the right to cancel or deny sponsorships if payment is not completed or if any issues are identified with the information provided.
6. Limitation of Liability:
a. To the fullest extent permitted by law, AllBars LLC, its affiliates, and partners shall not be held liable for any direct, indirect, incidental, consequential, or special damages resulting from your sponsorship, including but not limited to loss of profits, business interruption, or reputational damage.
b. AllBars LLC is not responsible for technical errors, downtime, or other issues that may impact the visibility of your sponsorship during the agreed-upon period.
7. Compliance and Content:
a. You are solely responsible for ensuring that all information about your bar displayed in the Software is accurate and up to date during the sponsorship period.
b. AllBars LLC reserves the right to modify, reject, or remove your sponsorship if it violates any applicable laws, regulations, or these Terms and Conditions.
8. Termination of Sponsorship:
a. AllBars LLC reserves the right to terminate your sponsorship without notice if it determines, in its sole discretion, that your bar or actions violate these terms or any applicable laws. In such cases, no refund will be issued.
By purchasing a sponsorship, you acknowledge that you have read, understood, and agree to these terms and conditions.
Copyright
1.
Our Content
All content provided
through the Application and Website by AllBars LLC ("Our Content"),
including but not limited to text, graphics, logos, icons, images, audio clips,
video clips, digital downloads, data compilations, software, and the
compilation of all content on the Application and Website, is the property of
AllBars LLC or its content suppliers and is protected by international
copyright laws. The compilation of all content on the Application and Website
is the exclusive property of AllBars LLC and is protected by international
copyright laws.
2.
Your Content
You retain the copyright
and any other rights you already hold in the content that you submit, post, or
display on or through the Application ("Your Content"). By
submitting, posting, or displaying Your Content, you grant AllBars LLC the
rights as outlined in the "Use of Your Content" section above.
3.
Third-Party
Content
Any content not created
by AllBars LLC but made available through the Application may be subject to
copyright owned by third parties. You agree to respect all copyright notices,
information, and restrictions contained in any content accessed through the
Application, and you agree not to use, copy, reproduce, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any content for any
other purposes without the prior written consent of the respective owners.
4.
Infringement
Claims
AllBars LLC respects the
intellectual property rights of others and expects users to do the same. If you
believe that Your Content or any content available through the Application or
Website has been used in a way that constitutes copyright infringement, please
contact us immediately. We reserve the right to remove content alleged to be
infringing without prior notice, at our sole discretion, and without liability
to you.
5.
Repeat
Infringers
AllBars LLC will
terminate user accounts where the user is a repeat infringer of intellectual
property rights, including copyrights, at our sole discretion.
User Feedback
1. No Obligation
The Company is under no obligation to use, act upon, or respond to any Feedback you provide. We may choose to use or disregard your Feedback at our sole discretion.
2. License to Use Feedback
By submitting Feedback, you agree to grant AllBars LLC a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction. This license allows AllBars LLC to use your Feedback in any manner, including but not limited to improving the Application or Website, developing new features, or enhancing our services, without any obligation to provide notice, compensation, or acknowledgment to you.
3. No Confidentiality
You further acknowledge that any Feedback you provide is not confidential and that AllBars LLC may use such Feedback without any obligation of confidentiality.
External Links
The Application and Website may contain links to third-party websites or services that are not owned or controlled by AllBars LLC. These external links are provided solely for your convenience and do not imply any endorsement, sponsorship, or affiliation with the third-party websites.
1. No Affiliation or control
AllBars LLC has no control over, and assumes no responsibility for, the content, privacy policies, terms of use, practices, or actions of any third-party websites or services. You acknowledge and agree that AllBars LLC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or services.
2. Use at your own risk
Your use of any external website is entirely at your own risk. It is your responsibility to review the terms and conditions and privacy policies of any third-party websites before using them.
General Terms
1.
Unauthorized
Access
You
agree not to access or attempt to access the Application or Website by any
means other than through the interfaces provided by AllBars LLC. Unauthorized
access to the Application or Website, including but not limited to hacking,
reverse engineering, password mining, attempting to access or retrieve the
source code, or any other means of circumventing the intended functionality of
the Application or Website, is strictly prohibited. You further agree not to
decompile, disassemble, or reverse engineer any part of the Application or
Website. Attempt to discover or access the underlying source code, algorithms,
or system architecture of the Application or Website. Any unauthorized access
or attempt to compromise the security, functionality, or integrity of the
Application or Website may result in termination of your access, legal action,
or both.
2.
Prohibition on
Scraping and Hacking
You agree not to use any
automated means, including bots, spiders, scrapers, or similar technologies, to
access, acquire, copy, or monitor any portion of the Application or Website.
Additionally, you are prohibited from attempting to gain unauthorized access to
any part of the Application or Website or its systems, networks, or servers
through hacking, password mining, or any other illegitimate means.
3.
No Harmful
Content
You agree not to
introduce any viruses, malware, worms, Trojan horses, or other harmful or
destructive code into the Application or Website. Any attempt to disrupt,
damage, or interfere with the proper functioning of the Application or Website,
including overloading or imposing an unreasonably large load on the
Application’s infrastructure, is strictly prohibited.
4.
No Promotion
of Other Businesses
You agree not to use the
Application or Website to advertise, promote, or solicit any products,
services, or ventures, whether commercial or non-commercial, that are not
affiliated with or endorsed by AllBars LLC. Any unauthorized promotion of other
businesses or ventures through the Application or Website is prohibited.
5.
Compliance
with Laws
You agree to use the
Application and Website in compliance with all applicable local, state,
national, and international laws and regulations. You are solely responsible
for ensuring that your use of the Application and Website does not violate any
applicable laws.
6.
No
Unreasonable Load on Infrastructure
You agree not to
take any action that imposes, or may impose, an unreasonable or
disproportionately large load on the infrastructure of the Application or
Website, including but not limited to denial-of-service attacks, network
flooding, or any other form of interference with the Application’s or Website’s
functionality.
7. Server Code and Backend Systems
The Application and Website rely on proprietary server-side systems and code owned by AllBars LLC to provide its functionality. You agree not to access, attempt to access, or interfere with the server code or backend systems supporting the Application or Website. Reverse engineer, decompile, or otherwise attempt to derive the source code or architecture of the backend systems. Use any automated tools or methods to interact with the backend systems unless expressly authorized by AllBars LLC in writing.
Limitation of Liability
1. “As Is” Basis
The Application and Website are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. AllBars LLC does not guarantee that the Application or Website will be error-free, uninterrupted, or free from harmful components such as viruses or malware. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content or information available through the Application or Website. You acknowledge that any information or content provided through the Application or Website may be inaccurate, incomplete, or outdated, and you agree to use it at your own risk.
2. No Monitoring of Content
While AllBars LLC reserves the right to monitor, review, or remove content posted on the Application or Website, we are under no obligation to do so. You acknowledge that any content available through the Application or Website may be inaccurate, incomplete, outdated, or otherwise unreliable, and you use such content at your own risk.
3. Disclaimer of Liability
To the fullest extent permitted by law, AllBars LLC, its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, loss of data, loss of goodwill, business interruption, personal injury, or any other commercial or personal damages or losses, arising out of or in connection with your use or inability to use the Application or Website or any content available through the Application or Website, even if AllBars LLC has been advised of the possibility of such damages.
4. No Liability for Content
AllBars LLC is not responsible for any content posted by users, third parties, or any other content made available through the Application or Website. We are not liable for any injury, loss, or damages resulting from the use or reliance on such content, whether posted or otherwise provided by AllBars LLC, third parties, or users of the Application or Website.
5. Compliance with Laws
While our App is available for use by individuals aged 18 and older, we are not liable for any actions taken by users who choose to engage in underage drinking or other illegal activities. It is your responsibility to comply with all local, state, and national laws, including those related to the legal drinking age. By using the App, you agree to adhere to these laws and acknowledge that we cannot be held responsible for any legal consequences arising from your actions.
6. Greatest Extent Permitted by Law
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, the liability of AllBars LLC shall be limited to the greatest extent permitted by law. In no event shall AllBars LLC's total liability to you for all damages, losses, and causes of action exceed the amount you paid, if any, for accessing the Application or Website.
Termination
1.
Termination by
AllBars LLC
AllBars LLC reserves the
right, at its sole discretion, to terminate or suspend your access to the
Application or Website, with or without cause, and with or without notice, at
any time. This includes, but is not limited to, situations where we believe you
have violated these Terms and Conditions, engaged in unlawful or harmful
behavior, or otherwise acted in a manner that adversely affects the Application,
Website, or other users.
2.
Termination by
You
You may terminate your
use of the Application or Website at any time by requesting to deleting your
account and ceasing all use of the Application or Website.
3.
Effect of
Termination
Upon termination or
suspension of your access to the Application or Website, your right to use the
Application or Website will immediately cease. AllBars LLC will not be liable
to you or any third party for any termination or suspension of access. Any
provisions of these Terms and Conditions that, by their nature, should survive
termination, will survive, including but not limited to provisions related to
ownership, disclaimers, limitations of liability, and indemnification.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles. By accessing or using the Software, you agree that any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the federal or state courts located in Colorado.
You acknowledge and agree that the Software is intended for users located within the United States. By using the Software, you represent that you are a resident of the United States and that you will use the Software in compliance with all applicable local, state, and federal laws.
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms and Conditions shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
Waiver
The failure of AllBars LLC to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of AllBars LLC. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.