Terms of Service
The fine print
BarGlance Inc. Terms of Service
Last Modified: July 17th, 2023
Welcome to BarGlance!
Welcome to BarGlance (the “Platform”), which is provided by BarGlance, Inc. in the United States (collectively such entities will be referred to as “BarGlance”, “BG”, “we” or “us”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The BarGlance Service
We agree to provide you with the BarGlance Service. The Service includes all of BarGlance’s products, features, applications, services, technologies, and software that we provide to advance BarGlance's mission: To create a one stop shop for nightlife.
How Our Service Is Funded
Instead of paying to use BarGlance, by using the Service covered by these Terms, you acknowledge that we can show you ads that businesses and organizations pay us to promote. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off BarGlance. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. You may see branded content on BarGlance posted by account holders who promote products or services based on a commercial relationship with the business partner mentioned in their content.
Acceptance of our Terms of Service
Please read these Terms carefully before you start to use our mobile application or any of our other products or services that are subject to these Terms (which we refer to collectively as the “Services”). By using BG’s Services, you accept and agree to be bound and abide by these Terms and any other BG policy incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
Please note that these Terms are subject to change by BG in its sole discretion at any time. When changes are made, BG will make a new copy of the Terms available on the Services. We will also update the “Last Modified” date at the top of these Terms. BG may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving notice, you must stop using the Services since otherwise your continued use of the Services constitutes your acceptance of any changes. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
1. Who Can Use the Services
No one under 21 is allowed to create an account or use the Services. By using our Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use our Services. By using the Services, you further represent, warrant, and agree that:
you can form a binding contract with BG;
you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
you are not a convicted sex offender; and
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
2. Rights We Grant You
The Services and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by BG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Thus, BG (and its licensors) remains the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Subject to these Terms, BG grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies allow. You may not use the Services in ways that are not authorized by these Terms, nor may you reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.
3. Rights You Grant Us
When you use our Services, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all content you submit to the Services, you grant BG a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
5. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although BG reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms.
6. Respecting the Services and BG’s Rights
use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials BG makes available via the Services, except as explicitly allowed by these Terms or other guidelines published by BG or our affiliates;
violate or infringe BG’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, or a friend link;
reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
probe, scan, or test the vulnerability of our Services or any system or network;
violate any applicable law or regulation in connection with your access to or use of the Services; or
access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.
7. Respecting Others' Rights
BG respects the rights of others. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by BG that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by BG or its affiliates.
BG honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If BG becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, please report it by sending notice to our email at email@example.com. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored.
We try hard to keep our Services a safe place for all users but unfortunately we can’t guarantee it. By using the Services, you agree that you will at all times comply with these Terms and any other policies BG makes available in order to maintain the safety of the Services. You further agree not to: (i) use the Services in any unlawful or harmful manner, (ii) cause harm to any BG employees, agents, or other clients, (iii) engage in any unlawful, harassing, offensive, defamatory, intimidating, obscene, threatening, or stalking conduct; (iv) use the Services in any manner meant to disrupt, damage, disable, or impair the performance of the Services; (v) attempts to compromise the Services or Service security; (vi) impersonate anyone or otherwise misrepresent material facts about yourself; (vii) make any commercial use of the Services, or any information discovered while using the Services; (viii) solicit involvement for a political platform or religion; (ix) defraud or deceive others; (x) collect or disseminate another person’s personal information; (xi) use any scripts or bots to scrape or access the Services; (xii) use the Services to redirect or encourage others to visit a different website; (xiii) attempt to use the Services without authority to do so; (xiv) bypass Service security measures; (xv) use another person’s account or allow anyone to use your account; or (xvi) upload invalid data, viruses, or other malware through the Services.
If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving.
9. Your Account
To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please immediately send an email to: firstname.lastname@example.org. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
By providing us with your mobile phone number, you agree to receive SMS messages from BG related to the Services, including about promotions, your account, and your relationship with BG. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.
If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
11. Non-Continuous Updates
The information provided by the Service originates from other users of the Service. BG is not responsible for inaccurate or outdated bar information and does not provide any warranties to such information’s credibility or reliability.
12. Livestream Cameras & Posts
Video Content on our Services may be viewed only through your Account. Certain variables are out of our control, including, among others, availability of Video Content from our users, the speed of your broadband or network connection, compatibility between the Video Content's format and the device you use to access it, and these variables may cause delays, technical difficulties, or an inability to view the Video Content.
Live Stream Camera content comprises live transmissions of a bar. When you access Live Stream Content, you will be unable to view any part of it that occurred prior to the start of your viewing.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of BG, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to:
any laws or regulations relating to the recording or sharing of video or audio content,
any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services,
If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
13. Location-based Service
Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the BG application is installed and activated. These features cannot be provided without utilizing this technology.
11. Third-Party Services
Certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Neither BG nor our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that BG is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless BG, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by BG; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
15. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND BG AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
a. General Arbitration Use. We hope to be able to resolve any disputes amicably and quickly so we encourage you to contact us and explain your complaint as quickly as possible. In the event, you believe we have not adhered to these Terms, please contact us at email@example.com. We will do our best to resolve your concerns. However, if you feel your complaint has not been fully addressed even with further investigation and negotiations, all claims and disputes must be resolved in accordance with this section.
b. Arbitration Agreement. All claims and disputes in connection with these Terms that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under these Terms. This agreement applies to you and BG, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized users or beneficiaries of our Services.
c. Federal Arbitration Agreement. The Federal Arbitration Act governs the interpretation of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA arbitration rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in South Carolina, unless the parties agree otherwise). Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. Time Limitations. You and BG agree that any cause of action arising out of or related to these Terms or BG’s Services must commence within one (1) year after the cause of action or else the cause is permanently barred.
e. Class Action Waiver. YOU AND BG AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIEIS TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PRECEEDING.
f. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
g. Small Claims Court. Notwithstanding the foregoing, either you or BG may bring an individual action in small claims court.
h. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with BG.
16. Exclusive Venue
To the extent that these Terms allow you or BG to initiate litigation in a court, both you and BG agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the _____ District of South Carolina.
17. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of South Carolina, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. User Content and Intellectual Property Rights
a. User Content. BG users may post, upload, or otherwise contribute content to BG. You are solely responsible for all User Content that you post. You promise that, with respect to any User Content you post on BG, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by BG pursuant to the license granted below, does not: (i) violate these Terms, including the BG Community Guidelines, applicable law, or the intellectual property or other rights of any third party.
In posting or sharing User Content or other information on BG, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on BG and across the web, so please use caution in posting or sharing on BG. BG is not responsible for what you or others post or share on the BG Service.
b. Your Device. You also grant to us the right (1) to allow the BG to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of BG, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
20. Intellectual Property Policy
BarGlance respects the intellectual property rights of others, and desires to provide a platform with content that does not violate those rights. We also expect that users of our platform also respect the intellectual property rights of others.
As a BG user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.
If you are the holder of a copyright and believe in good faith that your work has been reproduced on our platform in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Please do not make false claims of copyright infringement. Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.
21. Final Terms
These Terms make up the entire agreement between you and BG and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
BG welcomes comments, questions, concerns, or suggestions. Please contact us by emailing email@example.com.