PRIVACY STATEMENT
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at MikeM@worldtavernentertainment.com or mailing us at: WORLD TAVERN ENTERTAINMENT 5611 NC HWY 55, DURHAM, NC, 27713, United States
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - CHARGEBEE
Our store is hosted on CHARGEBEE Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through CHARGEBEE’S data storage, databases and the general CHARGEBEE application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then CHARGEBEE stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 8 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at MikeM@worldtavernentertainment.com or by mail at WORLD TAVERN ENTERTAINMENT
[Re: Privacy Compliance Officer]
[5611 NC HWY 55, DURHAM, NC, 27713, United States]
Billing: Please note that we ask for a 30 notice of cancellation on any WTE product. There are no refunds once a payment has been processed.
WORLD TAVERN POKER
Acknowledgement and Agreement by Purchaser
1. The term “product” as used herein includes but is not limited to any services, products or supplies provided or sold by World Tavern Entertainment (“Seller”) to the Purchaser.
2. The person who is executing this Agreement on behalf of Purchaser has represented to the Seller that: (a) he or she is an owner, manager, and/or an authorized agent of the Purchaser and as such has the right to legally bind the Purchaser to the terms of this Agreement; and (b) that no other person needs to execute this Agreement to legally bind the Purchaser to the terms of this agreement.
3. No Warranties. The Seller of this product makes no warranty or representation, implied or otherwise, about the legality of purchasing or using this product in any state, municipality, or other jurisdiction. Because the laws and regulations of each jurisdiction vary regarding gaming activities and what is considered gambling, the Seller encourages any and all purchasers to investigate the legality of using this product in your jurisdiction. ANY AND ALL USE OF THIS PRODUCT IS AT THE RISK OF THE PURCHASER.
4. No Gambling. The Purchaser of this product hereby acknowledges and agrees that at NO TIME CAN PLAYERS IN THEIR TOURNAMENTS RISK ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION CASH, CASH EQUIVALENT, OR ANYTHING OF VALUE. This also includes, without limitation: (a) players shall not be charged to play a game, (b) players shall not be required to pay a “cover charge” to enter the facility during a World Tavern Entertainment Event, and (c) players shall not be required to make a minimum purchase to play a game.
5. Limitation of Liability. In no event shall the Seller (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to the Purchaser or any other third party for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including without limitation, damages for loss of profits, business interruption, revenue or goodwill, which may arise from any person’s use, misuse or inability to use this product, from the sale, delivery, use, or performance of this product, from the actions of any person on the Purchaser’s premises, or from any failure or delay in connection with any of the foregoing, even if the Seller has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, including the negligence of the Seller, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Seller has been advised of the possibility of such damages.
Acknowledgement and Agreement by Purchaser
6. Indemnity. The Purchaser agrees to defend, indemnify, and hold harmless the Seller, its officers, directors, managers, members, shareholders, employees, agents and independent contractors from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from the use, misuse or inability to use this product, the breach of this Agreement, or the violation of any law by any person, including without limitation the Purchaser, Purchaser’s actual or apparent agents, Purchaser’s customers and/or governmental agencies. The Purchaser also agrees to defend and indemnify the Seller should any third party be harmed by the illegal actions of the Purchaser or Purchaser’s management, members, employees, independent contractors or Purchaser’s actual or apparent agents, or should the Seller be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with the Seller. The Seller shall promptly notify the Purchaser by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The Seller reserves the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
7. The Purchaser of this product hereby agrees to follow the rules of World Tavern Entertainment as amended by Seller from time to time and understands that not doing so may result in a cancellation of the Purchaser’s subscription without any refunds. This includes, without limitation, violations of the “No Gambling” rule and the requirement that Purchaser updates points on time, as explained in the Rules Seller provides to Purchaser.
The Purchaser of this product hereby acknowledges having read this Agreement, agrees to its terms and conditions, and understands one such term is that the Purchaser is agreeing to hold the Seller harmless for any obligation or liabilities in connection with the use of this product.
NEW YORK: Locations hosting World Tavern Poker in the state of New York must also agree to following conditions in order to comply with New York State Law:
1) No Loitering: Bars within the state of New York CANNOT post a No Loitering policy. Any and all players can participate in any World Tavern Poker event regardless of making any type of purchase.
2) Big Spender Promotion: Bars within the state of New York CANNOT participate in the Big Spender promotion where any type of points or prizes are awarded based on making purchases in any participating location. In order to serve you better , World Tavern Entertainment may occasionally email you information about upcoming promotions - however we will never distribute , share or sell your email address with anyone outside of the company.
WORLD TAVERN TRIVIA
Acknowledgement and Agreement by Purchaser
1. The term “product” as used herein includes but is not limited to any services, products or supplies provided or sold by the Seller to the Purchaser.
2. The Seller of this product makes no warranty or representation, implied or otherwise, about the legality of purchasing or using this product in any state, municipality, or other jurisdiction. Because the laws and regulations of each jurisdiction vary regarding gaming activities and gambling, the Seller encourages any and all purchasers to investigate the legality of using this product in your jurisdiction. ANY AND ALL USE OF THIS PRODUCT IS AT THE RISK OF THE PURCHASER. No refunds will be made once your schedule is posted.
3. The Seller shall in no event have obligations or liabilities to the Purchaser or any other person or entity for loss of profits, loss of use or incidental, special or consequential damages, whether based on contract, tort (including negligence), criminal liability, strict liability or any other theory or form of action, even if the Seller has been advised of the possibility thereof, arising out of or in connection with the sale, delivery, use, or performance of this product, or any failure or delay in connection with any of the foregoing. Seller is not responsible for the actions or behaviors of any patrons who visit the Purchaser’s establishment.
4. The Purchaser of this product hereby acknowledges and agrees that at NO TIME CAN PLAYERS IN THEIR TOURNAMENTS RISK ANYTHING OF VALUE INCLUDING BUT NOT LIMITED TO: CASH, CASH EQUIVALENT OR ANYTHING OF VALUE unless you have received written permission from your local authorities.
5. The Purchaser of this product hereby agrees to follow the rules of World Tavern Trivia and understands that not doing so can result in a cancellation of their subscription without any refunds. This includes but is not limited to violating the No Gambling rule and/or Updating Points on time.
6. The Purchaser understands that their schedule will be created online for 12 months in advance. At the end of each quarter the Purchaser will receive an invoice for the next quarter’s registration fee. If payment is not received by Week 1 of the next “season,” the Purchaser’s account may be deactivated and their exclusive night will no longer be protected. The Purchaser of this product hereby acknowledges and agrees to the above terms, which hold the Seller harmless for any obligation or liabilities in connection with the use of this product.
7. As a condition of the purchase of this product, the Purchaser hereby acknowledges and agrees to the release and indemnification of the Seller according to these terms.
BARSHIFT
TERMS & CONDITIONS OF SERVICE
TERMS OF USE: BY CLICKING THE “REGISTER” BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF BARSHIFT PRESENTED BY WORLD TAVERN FRANCHISE CORPORATION’S (“BARSHIFT”) ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST QUIT THE REGISTRATION PROCESS AND MAY NOT USE THE SERVICE.
BarShift will provide you with use of the Service, including a browser interface and data, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the BarShift website incorporated by reference herein, including but not limited to BarShift’s privacy policies.
1. Definitions and Interpretation
The following are the standard terms and conditions under which BarShift (“the Company”) supplies Services. These Terms and Conditions shall, unless otherwise expressly stated in writing, apply to the subject matter of any agreement in respect thereof.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
2. Privacy & Security
BarShift’s privacy and security policies may be viewed at: ADD WEB ADDRESS. BarShift reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
3. License Grant & Restrictions
BarShift hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by BarShift and its licensors.
You may not access the Service if you are a direct competitor of BarShift, except with BarShift’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify BarShift immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to BarShift immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another BarShift user or provide false identity information to gain access to or use the Service.
5. Account Information and Data
BarShift does not own any data, information or material that you submit to the Service in the course of using the Service (”Customer Data”). You, not BarShift, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and BarShift shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. BarShift reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and BarShift shall have no obligation to maintain or forward any Customer Data.
6. Intellectual Property Ownership
BarShift alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the BarShift Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BarShift Technology or the Intellectual Property Rights owned by BarShift. The BarShift name, the The BarShift logo, and the product names associated with the Service are trademarks of BarShift or third parties, and no right or license is granted to use them.
You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in this Agreement or with the written permission of BarShift. Nothing posted on this Site grants a license to any BarShift trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
7. Third Party Trademarks
Trademarks displayed on this Site not owned by BarShift are the property of their respective owners, who may or may not be affiliated with BarShift. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other content on the Site, except as provided herein, is strictly prohibited. We ask that you respect these rights.
8. Charges and Payment of Fees
Charges are monthly. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments for the service must be made immediately upon receipt of a Request for Payment electronically or as indicated in the applicable service contract between you and BarShift. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all User Accounts you have created. BarShift reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
9. Billing and Renewal
BarShift charges and collects monthly for use of the Service. BarShift will automatically issue an invoice for each month upon receipt of payment. Fees for other services will be charged on an as-quoted basis. BarShift’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide BarShift with complete and accurate billing and contact information. This information includes your legal name or company name, street address, and e-mail address.
10. Non-Payment and Suspension
In addition to any other rights granted to BarShift herein, BarShift reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent. Delinquent invoices are subject to interest of 10.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or BarShift initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above.
BarShift reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that BarShift has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
11. Termination upon Expiration
This Agreement commences on the Effective Date. The Initial Term shall be on a month-to-month basis or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service by completing the registration form. Upon the expiration of the Initial Term, this Agreement will automatically renew on a month-to-month basis or as otherwise mutually agreed upon in writing, at BarShift’s then current fees. Either party may terminate this Agreement, by notifying the other party in writing at least 30 days prior to the date of the requested termination; provided, however, fees already paid for a given month shall not be refunded and Users in arrears are required to pay any outstanding balance owed to the company even after termination of this Agreement.
12. Termination for Cause
Any breach of your payment obligations or unauthorized use of the BarShift Technology or Service will be deemed a material breach of this Agreement. BarShift, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that BarShift has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
13. Representations & Warranties
BarShift cannot guarantee that the Site or its content is error free and BarShift makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.
THIS SITE IS PROVIDED BY BARSHIFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARSHIFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BARSHIFT DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BARSHIFT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BARSHIFT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BARSHIFT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
14. Indemnification
You agree to indemnify and hold BarShift, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that BarShift (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release BarShift of all liability and such settlement does not affect BarShift’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
15. Disclaimer of Warranties
BARSHIFT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BARSHIFT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BARSHIFT AND ITS LICENSORS.
16. Internet Delays
BARSHIFT’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BARSHIFT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
17. Limitation of Liability
NEITHER BARSHIFT, ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE OPERATION OF THE SITE OR FAILURE OF THE SITE TO OPERATE. IN NO EVENT SHALL BARSHIFT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF BARSHIFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT BARSHIFT WOULD NOT GRANT ACCESS TO THE SITE WITHOUT YOUR AGREEMENT TO THIS TERM.
18. Proper Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of North Carolina. Any dispute concerning it or its interpretation shall be adjudicated in that Jurisdiction.
19. Notice
BarShift may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in BarShift’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in BarShift’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to BarShift (such notice shall be deemed given when received by BarShift) at any time by any of the following: certified message from your BarShift user account to info@BiggerCrowds.com or a letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to WORLD TAVERN FRANCHISE CORPORATION, 5607 NC-55, DURHAM, NORTH CAROLINA 27713.
20. Modification to Terms
BarShift reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
21. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of BarShift. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of BarShift directly or indirectly owning or controlling 50% or more of you shall entitle BarShift to terminate this Agreement for cause immediately upon written notice.
Thank you for using the BarShift Services. If you have any questions or comments, please contact us at info@BiggerCrowds.com.
Last Modified: October 31, 2015