Last updated on March 14, 2015
This page describes the terms and conditions that govern your use of columbiabartending.com, offered by The Columbia Bartending Agency, Incorporated ("CBA", “us” or “we”).
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use columbiabartending.com (the “Site”), any of the features of this site, including but not limited to booking, class enrollment, other software and other downloads (collectively, the "Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The Columbia Bartending Agency, Incorporated ("CBA", “us” or “we”).
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to blog posts, photographs, images, and illustrations, also known as the "Content") are protected by copyright, and owned or controlled by Columbia Bartending Agency, Incorporated or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Us, or the copyright holder identified in the copyright notice contained in the Content.
3. USE OF THE SERVICES
3.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.
3.2 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such site.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless CBA and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your personal information of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. CBA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 CBA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
5. FEES AND PAYMENTS
5.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
6. COMMUNICATIONS BETWEEN CBA AND USERS
6.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
6.2 CBA reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
6.4 CBA may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
7. SOFTWARE LICENSES
7.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by columbiabartending.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
8.1 CBA may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
9. CONSUMPTION OF ALCOHOL
9.1 CBA and the information provided by the Services are intended only for responsible adults of drinking age in their respective country, state, and/or provience.
9.2 Use of the information provided by the Services is at your own risk, and CBA does not take any responsibility for harm caused by information provided by the Services.
9.3 CBA is committed to making any experience with alcohol a safe and socially respoinsbile one. The information provided by CBA is not intended to promote any form of alochol abuse. All users of the Services are expected to do so with moderation and safey in mind.
9.4 Alcohol affects everyone differently. Due to gender, muscle mass, age, tolerance, and other qualities, two people can drink the same amount of alcohol and respond very differently. keep track of how muchyou drink over the course of a night. Pace yourself, alternate drinks with water, and make sure to eat before and while you conume alcohol.
9.5 CBA believes that the right way to end a night is with a safe way home. Plan your ride home ahead of time, designate a driver, call a cab, take the train, don't drink and drive.
10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
10.3 Correspondence should be sent to firstname.lastname@example.org