INTRODUCTION
Welcome to the BARfriender.com website ("Site") created by Paul Cervantez, Paul Cervantez Photography herein now referred to as ("Publisher"). This website was created for adults 18+ for entertainment purpose's only. If you are under 18 you are not allowed to visit or register as a member and we ask you to leave this ("Site"). This Terms of Service policy applies to the ("Site") and all products and services offered by ("Publisher").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ("Site")
By using our ("Site"), you signify your agreement to these terms of use. If you do not agree to these terms of use, do not use our ("Site"). Simply type in a new address in your address bar or use your web browser navigation buttons to leave this website. ("Publisher") reserves the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment." The ("Site") is in a beta phase and users may encounter bugs or odd behavior from web pages, ("Publisher") does not guarantee that issues will not exist or be resolved in any given timeframe.
ABOUT REGISTERING
By registering you willfully will provide an email address, your name and or username to gain access to the {"Site") for certain functions and areas. It is also optional to purchase a VIP Membership within our ("Site") that will incur fees, all VIP Membership fees are non-refundable due to the access of proprietary digital content. ("Publisher") offers multiple VIP Memberships for a specific duration, select and purchase which is best for you and your budget. Renewals are optional and available at your discretion. VIP Members in good standing with their accounts receive access to some otherwise restricted content and additional exclusive digital photo galleries, only those that are registered and paid VIP Members will have access to these areas and functions. While ("Publisher") offers many photo's and photo galleries, ("Publisher") does not guarantee that any and all photos from any event or your specific photo will be posted, ("Publisher") implements quality control checks and may occasionally have certain restrictions by third parties or clients.
By registering to our Communications Newsletter with our ("Site") you will not incur any membership fees, it is free to join our Communications Newsletter when available. By registering to our ("Site") you will automatically be included in our Communications Newsletter for your convenience. Our Communications Newsletter is a low frequency ("Site") Communications Newsletter with information pertaining to our events, specials, or promos sent directly to your email address provided, you will then receive this ocassional email. Even though there are many new things planned for ("Site"), you will rarely receive more than one Communications Newsletter email a week from ("Publisher"). Please take a moment and add the email address: newsletter@barfriender to your email address book / white list so as to be sure to receive news, updates, and specials from ("Site"). You may opt out at any time by links at the bottom of every email or by returning to the site and manually unsubscribing at designated areas.
ABOUT CANCELLING
To cancel your paid VIP Membership / or unsubscribe from ("Site") you can 1.) Let it expire by itself without doing anything 2.) Go to your personal PAYPAL account and deactivate your subscription. That will cancel all future billings. All VIP Members that have an account with automatic billing with PAYPAL must go to their subscription manager to cancel or unsubscribe their account from further billing. You must do this prior to your automatic billing date. Note that we do not support issues or techinical problems with your PAYPAL account, contact their support for issues.
To cancel your Communications Newsletter you can go to our ("Site") and unsubscribe on our front page at any time, or find the link at the bottom of every email. It will remove you from our database automatically. We will assume that you are no longer interested in being part of ("Site") community. You many also re-register at anytime again in the future if you wish. If you cancel, opt out, or unsubscribe to our Communications Newsletter, it has no affect to your free registered access or paid VIP Memberships account.
ABOUT REFUNDS
Due to the nature of the world wide web and exclusive access to digital content, and since our digital photos are non- traceable if downloaded, copied, or printed, we do not issue refunds on any Trial Memberships, VIP Memberships, Affiliates Memberships, or any Business Memberships fees or Featured Hot Spot ads. Free memberships or Industry Memberships are never refunded or issued any monetary amount for any reason.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in the ("Site") are the copyrighted property assets of ("Site"), its subsidiaries, its affiliated companies, and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to ("Site"), or its affiliates or licensees. No material from the ("Site") or any internet site owned, operated, licensed, or controlled by ("Publishers") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that paid VIP Members may download one copy of available digital photo made available on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, (iv) you do not download photos and recreate new photo galleries on personal or 3rd party websites for profit or not, (v) you do not download photos to use on websites such as: personal blogs, use for personal or commercial news, blog, or article images, or use as stock photos for personal or commercial news, blog, articles, flyers, or any advertising media, and (vi) sold or redistributed to any third party or content distributor. The use of our photos in any of those situations will / may result in additional usage fees, legal fees, and any additional costs to the member, responsible party, or user for each and every occurrence. The use of any ("Site") images and material on any other web site or computer electronic environment is prohibited and enforced at our sole discretion to protect the assets and interests of the company.
SUBMISSIONS
("Publisher") is pleased to hear from visitors and welcome comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested in writing. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials unless specifically requested in writing. If you do, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
ONLINE COMMUNITY, FORUMS, AND PUBLIC COMMUNICATION
"Online Community and Forum" means areas for socializing, posting status's, posting photos, posting information, chat area, message boards, instant messaging, mobile messaging, blogging, or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any ("Site"). If you participate in our Online Community within ("Site"), you agree to follow our terms set forth below. You acknowledge that anything you submit to a ("Site") by way of any Online Community is routed through the ("Site's") servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Online Community and features on ("Site") are for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, profiles, via message boards or chat, that information can be collected and used by people you don't know. ("Publisher") cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Users, Members, or visitors shall remain solely responsible for the content of their messages in the Online Community. ("Publisher") is not responsible for the content or opinions posted or sent by users in any Online Community. You take responsibility for postings under your username or account and use the information offered or provided in the Online Community at your own risk. ("Publisher") reserves the right to remove or edit content from any posting at any time and for any reason although we have no duty to do so. When participating in our Online Community, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Online Community may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. ("Publisher") cannot be responsible for the content or accuracy of any information, and shall not be responsible for any but not limited to trading, investment, or any other decisions made based on such information.
CONDUCT RULES
The following is a list of the Conduct Rules for the ("Site"). By using the ("Site") you agree not to do any of the following:
1. Share your account, allow others to access your account directly or indirectly, you are responsible for your own personal account and actions and violations pertaining to your account. Members are responsible for securing their accounts usernames and passwords from others gaining access.
2. Post, distribute, or otherwise make available, or transmit any data, digital photos, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, sexually explicit (language or images) or child pornography; or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
3. Post, distribute, or otherwise make available, or transmit any data, digital photos, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation; THIS MEANS THAT YOU ARE NOT ALLOWED TO USE ANY OF OUR COPYRIGHTED MATERIALS, OR DIGITAL PHOTOS ON ANY OTHER WEBSITE (PUBLIC OR PRIVATE) TO DEFAME, ABUSE, HARASS, INSULT, THREATEN, ANYONE AT ANY TIME.
4. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
5. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
6. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
7. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet;
8. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
9. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any conversation.
We reserve the right to remove any material, and if we deem appropriate, to turn over to government and law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Conduct Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using ("Site") in violation of the law.
AMENDMENT
("Publisher") reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the ("Site"). Therefore, your encouraged to visit the ("Site") regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the ("Site") whether registered or not, shall be deemed to attest to your agreement to any amendments to this Agreement.
CONTENT LINKED TO & FROM ("Site")
You should be aware that when you are on a ("Site"), you could be directed to other sites that are beyond our control. There are links to other websites from ("Site") pages that take you outside of our service. ("Publisher") makes no representations concerning the content of sites listed in any of our directories. Consequently, ("Publisher") cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a ("Site") .
DISCLAIMER
THE MATERIALS IN THE ("Site") ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY ("Site") WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ("Site"), OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ("Publisher") DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY ("Site") IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
("Publisher") explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from any ("Site"). ("Publisher") cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any ("Site") or third-party content on our sites. ("Publisher") does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. ("Publisher") does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. ("Publisher") strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.