TERMS AND CONDITIONS
I. Introduction
Welcome to BoozeBiz. By accessing BoozeBiz.co, attending BoozeBiz events, or by using any other service provided by BoozeBiz (together, the “Services”), you signify that you have read and understand these Terms and Conditions. You further signify that you understand that this is a legally binding agreement, and that you agree to be bound this agreement and any other applicable terms, rules, conditions and policies posted on BoozeBiz.co or made available at BoozeBiz events (collectively, the “Agreement”). This Agreement applies to BoozeBiz members and anyone who visits BoozeBiz.co or uses any Services provided by BoozeBiz, whether or not they are BoozeBiz members.
BoozeBiz works with alcohol suppliers, distributors, advertisers, promoters and others working in alcohol industry. As such, you must be at least 18 years of age to use any Services provided by BoozeBiz. If any law requires that you be older, then the legally required age is the minimum age for use of the Services. By using any BoozeBiz Services, you represent that you are at least 18 years of age, and that you meet the requirements of any applicable law for the use of the Services. Attendees to events serving alcohol must be 21 years of age unless otherwise specified.
II. Member Content
BoozeBiz may allow members and others to publish, share, display, upload, attach, store or link information or other content, including user names and likenesses (collectively, “Member Content”), on its websites and at events, as part of the Services. You agree that you will not create, share or cause to be displayed any Member Content that is illegal, obscene, inflammatory, defamatory, libelous, threatening, infringing of any intellectual property or publicity rights, or which is otherwise objectionable. You may not use any Services for the purpose of disseminating false information, including false information about yourself, or for the creation or dissemination of automated mailers, contacts, other unwanted communications.
You are solely responsible for any Member Content you cause to be available through the Services. You hereby represent and warrant that you are the owner of all intellectual property rights, including but not limited to the rights to publish, share, display, distribute, upload, attach, store or link, all Member Content generated by you. You Agree and acknowledge that BoozeBiz may remove or refuse any Member Content if BoozeBiz, in its sole discretion, determines that Member Content is in violation of this section of the Agreement.
BoozeBiz takes no responsibility for any Member Content. BoozeBiz is not responsible for any loss or damage, of any kind, caused by Member Content generated by you or others. BoozeBiz is further not responsible for any misuse of Member Content, whether by users of the Services or by third parties, including actions infringing on users’ intellectual property rights. You agree that BoozeBiz is not liable for any damages incurred by the misuse of Member Content or any other use of the Services.
III. Events
As part of the Services, BoozeBiz may hold industry events, including but limited to “networkers,” parties, seminars and presentations (hereinafter, “Events”). BoozeBiz does not conduct background checks on members, members’ guests, guest speakers or guest hosts (collectively, “Guests”), nor does BoozeBiz verify the truth or accuracy of any representations made by Guests at any BoozeBiz Event. You agree and acknowledge that BoozeBiz is not responsible for the conduct of Guests, and that BoozeBiz makes no representation or warranty concerning Guest conduct or interactions. You agree that BoozeBiz is not liable for any damages incurred by the conduct of any Guests during Events or in the use of other Services.
You agree that you are solely responsible for your conduct and the conduct of anyone you invite or cause to attend any Event. You further agree that you will not invite, or cause to attend, anyone who is under the age of 18 years or who may not legally attend an Event pursuant to applicable laws. You give permission that any photographs taken at events may be used by BoozeBiz for marketing purposes and/or on the BoozeBiz website.
IV. Grant of License
By using the Services, you expressly grant to BoozeBiz a non-exclusive, royalty-free, perpetual and irrevocable right to use, and license others to use and sublicense, any Member Content, in whole or in part, an unlimited number of times, in any and all media (whether now known or hereafter devised) anywhere in the world. You represent and warrant that you own or control all rights in any Member Content generated by you. You further agree to indemnify and hold BoozeBiz harmless for any and all claims arising from Member Content generated by you.
V. Third-Party Content
BoozeBiz does not control and is not responsible for third party content, advertisements, websites, products or services provided or promoted by or through the Services. You agree and acknowledge that this Agreement does not apply to your interactions with any person or entity providing such third-party content.
VI. BoozeBiz Intellectual Property
With the exception of Member Content and third-party content, all materials associated with BoozeBiz.co and the Services, including but not limited to trademarks, service marks, logos, images, text and graphics, and all intellectual property rights thereto, are the exclusive property of BoozeBiz. Nothing in this Agreement shall be interpreted to grant any license to, or rights in, BoozeBiz’s intellectual property, and you agree that you will not use, distribute, reproduce, copy, display, adapt, or create derivative works thereon without the written consent of BoozeBiz.
VII. Fees and Payment
You agree and acknowledge to the fees and charges described on BoozeBiz.co. BoozeBiz may raise or lower its fees and charges at any time and in its sole discretion. While you may cancel your BoozeBiz membership at any time, any fees or charges you paid to BoozeBiz will not be refunded after 5 days of processed payment.
VIII. Termination
BoozeBiz reserves the right to terminate your membership for any violation of this Agreement, or if BoozeBiz, in its sole discretion, determines that your conduct during the use of any Services was objectionable. No fees or charges will be refunded in the event your membership is terminated.
IX. Indemnification
You agree to defend, indemnify, and hold harmless BoozeBiz and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any claim, loss, damage, deficiency, liability, and expense, including attorneys’ fees, costs, and disbursements related to or arising in connection with (a) your breach of your obligations, representations or warranties contained in this Agreement, (b) your Member Content, and (c) your conduct at any Event or while using or participating in any of the Services.
X. Disclaimer of Warranties and Limitations of Liability
ALL SERVICES ARE PROVIDED “AS IS.” BOOZEBIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BOOZEBIZ DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOOZEBIZ DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED OR PROVIDE ANY RESULTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM BOOZEBIZ OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT ANY MODIFICATION OF BOOZEBIZ SERVICES SHALL NOT BE DEEMED A WAIVER OF THIS GENERAL DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES RESTS WITH YOU. BOOZEBIZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, BOOZEBIZ’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO BOOZEBIZ FOR THE SERVICES.
XI. Governing Law
You agree that any all disputes arising from the Services or this Agreement will be governed by the laws of the State of New York, without regard to principles of conflicts of laws. You further agree that the Courts of the State of New York shall have venue and jurisdiction, including personal jurisdiction, over any all disputes arising from the Services or this Agreement.
XII. Severability
If any portion of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
XIII. Waivers
The failure by BoozeBiz to enforce any provision of this Agreement shall not constitute a waiver of such provision nor in any way affect the rights BoozeBiz to enforce such provision or any other provision in this Agreement, nor shall any singular waiver of any provision of this Agreement by BoozeBiz constitute a complete or continuing waiver of BoozeBiz of further enforcement of the same or other provision of this Agreement.
XIV. Amendments
This Agreement may be changed by BoozeBiz at any time without prior notice and at the sole discretion of BoozeBiz. Continued use of the Services following modifications to this Agreement will signify your acceptance of those changes.
XV. Entire Agreement
This Agreement incorporates by reference all policies and guidelines posted on BoozeBiz.co, and constitutes the entire agreement between you and BoozeBiz.