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Barleyhops.com is a social networking service that allows members to create unique personal profiles online, chat and meet with other members from around world, upload pictures, rate bars, beers, cocktails, drinking games and much more.
Barleyhops.com is the rightful owner or has been given permission to any and all images, videos, text, and other content featured on Barleyhops.com. Anything seen here may not be reproduced without the expressed written permission of Barleyhops.com. No image, video, or other content found on this site may be used in a court of law as evidence against an individual. Barleyhops.com is not responsible for any underage consumption of alcohol seen on Barleyhops.com. Questions, comments, or concerns can be sent via our contact page.
TERMS OF USE & DISCLAIMERS
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Barleyhops Services. By using the Barleyhops.com Services, you agree to be bound by this Agreement, whether you are a "Vistor" (which means that you simply browse the Barleyhops Website) or you are a "Member" (which means that you have registered with Barleyhops.com) The term "User" refers to a Visitor or a Member. You are only authorized to use the Barleyhops Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Barleyhops Website and discontinue use of the Barleyhops Services immediately. If you wish to become a Member, communicate with other Members and make use of the Barleyhops Services, you must read this Agreement and indicate your acceptance druing the Registration process.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).
AGREEMENT TO USER CONDUCT RULES
You agree to abide by Barleyhops User Conduct Rules, including but limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortuous, or otherwise violates Barleyhop's rules or policies;
2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, chain letters, "spam," any other form of unauthorized solicitation, or any form of lottery or gambling;
4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, providence, or country of residence.
You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Barleyhops generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Barleyhops and its agents have the right at their sole discretion to remove any content that, in Barleyhop's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Barleyhops is not responsible for any failure or delay in removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Barleyhops's control, and you acknowledge that Barleyhops is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Barleyhops or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. Barleyhops, the Barleyhops product and service names are trademarks and/or service marks owned exclusively by Barleyhops. Barleyhops writer/author names are trademarks and/or service marks owned exclusively by Barleyhops. You will not display or use the Barleyhops Marks, in any manner, without Barleyhops's prior permission. Except as expressly authorized by Barleyhops, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Barleyhops is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1. Grant Barleyhops and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Barleyhops will not infringe or violate the rights of any third party.
PARTICIPATION DISCLAIMER
Barleyhops does not and cannot review all Submissions posted to or created by users accessing the Barleyhops Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Barleyhops Technology (including, but not limited to, this Website), Barleyhops is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Barleyhops may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity or misrepresentation. Notwithstanding the foregoing, Barleyhops reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Barleyhops in its sole discretion.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BARLEYHOPS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BARLEYHOPS, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BARLEYHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BARLEYHOPS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold Barleyhops, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Barleyhops reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Barleyhops in asserting any available defenses.
INTERNATIONAL USE
Barleyhops makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Barleyhops shall not have any liability with respect to such use.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Barleyhops with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Barleyhops with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
Barleyhops reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Barleyhops believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Barleyhops's right to terminate a user's ability to post materials to the Site. You acknowledge that Barleyhops shall not be liable to you or any third party for any termination of your access to this Site.
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