TERMS OF SERVICE
Effective Date: January 1, 2021
BY USING THIS WEBSITE OR APPLICATION OR BY PLACING ORDERS THROUGH THIS WEBSITE OR APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR PLACE ANY ORDER.
Licensed retailers (“Retailers”) pay CloudBar to advertise consumer offers for alcoholic beverages (“Consumer Advertising”) communicated directly from Retailers to you.
Consumer Advertising also functions to allow you to order from and pay Retailers directly through processes CloudBar administers. You provide order and payment information (“Your Information”) to allow CloudBar to administer your order and payments sent directly to Retailers.
When you provide order and payment information, you expressly represent and warrant that you are at least 21 years of age.
When you order through Consumer Advertising, Retailers, and no one else, make all alcoholic beverage sales (any transaction, including delivery and soliciting or receiving any order, whereby title to alcoholic beverages is transferred, for consideration, to consumers), and deliver all alcoholic beverages.
You purchase alcoholic beverages from Retailers.
CloudBar does not sell, or even own, alcoholic beverages.
Your order is subject to acceptance by Retailers and product availability.
Retailers may choose not to accept any order for on or any reason including, but not limited to, Consumer Advertising does not include price Retailer set or Retailer has concerns it cannot sell to you.
Retailers, not CloudBar, list alcoholic beverages for sale and set prices.
CloudBar does not, directly or indirectly, give any gift, free goods or premium.
CloudBar does not give, loan or furnish anything, directly or indirectly, to any retailer or retailer agent. CloudBar is not a distilled spirits manufacturer or agent of a distilled spirits manufacturer that solicits you to purchase amounts or lots of distilled spirits through a speciﬁc retailer.
CloudBar provides this service to you in exchange for information you provide and your consent to use this information; CoudBar gives no gift, free goods or premium.
Retailers receive orders for, and sells and delivers all alcoholic beverages from Consumer Advertising directly, from and to you - not through any marketplace. Offers and acceptances are communicated directly between you and Retailers; CloudBar does not communicate any offer or acceptance between you and Retailers.
CloudBar does not engage in any payment processing services.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org.
Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which DRNXMYTH’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Terms and Conditions of Use
By using this Site, you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. In particular, these Terms and Conditions contain an arbitration agreement, which limits your rights to bring an action in court and have disputes decided by a judge or jury, and provisions that limit our liability to you. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site. This “Site” (as defined below) is owned and operated by CloudBar (“CloudBar”, “us” “our” or “we”). This is contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and the CloudBar entity who owns the digital property that you are using. These Terms & Conditions of Use (the “Terms & Conditions”) set forth the legal terms and conditions governing Sites and online advertisements. “Site(s)” means CloudBar websites, social media pages that we control, promotional sites, widgets and mobile sites and applications, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application or service, in which case such different policy shall govern and control).
- This website is operated by CloudBar, Inc. Throughout the site, the terms “we”, “us” and “our” refer to CloudBar, Inc. CloudBar, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1: Online Terms of Service
By agreeing to these Terms of Service, you represent that you are at least 21+ years of age.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.Prices for our products are subject to change without notice.
- Section 2: General Terms and Conditions
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- Section 3: Accuracy, Completeness and Timeliness of Information
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- SITE IS INTENDED FOR LEGAL DRINKING AGE CONSUMERS ONLY
- You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not permitted to access or use the Site, including accessing advertising or marketing information on the Site. No one under the age of 21 may access the Site.
- If you are of legal drinking age, you acknowledge and agree that you will not forward this Site or share Content (as defined in Section 5A below) from this Site with underage persons.
- You must be of legal drinking age to purchase or consume any CloudBar alcohol beverage products or to participate in any of our promotions/offers on this Site or otherwise.
- APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES
- CloudBar products and services are available throughout the world. Certain Sites (including particular brand and business unit Sites) may describe products and services that are only available in certain jurisdictions.
- CloudBar Sites are governed by the laws applicable in the respective jurisdictions where we operate.
- UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS Your use of the Sites and continued use of the Sites following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site or we send an email to all users for whom CloudBar (or the appropriate business unit) has contact information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.
- LICENSE TO USE THE SITE
- CloudBar grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions.
- You may not use the Site or Content other than as expressly permitted by Section 5(A) above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.
- You agree to report any violation of these Terms and Conditions by others of which you become aware.
- Any violation of these Terms may result in restrictions on your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of CloudBar.
- INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
- Any and all rights in a Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of CloudBar or the third party from which the Content was licensed.
- In certain jurisdictions, CloudBar licenses and distributes a particular brand and all associated trademarks from a third party. In these cases, any and all rights in the third party intellectual property shall remain the exclusive property of the third party, and all rights shall inure to its benefit. In certain cases, Sites and online services may contain various third-party names, trademarks, and service marks that are the property of their respective owners.
- All Sites and associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
- Except as expressly permitted in writing by CloudBar in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose.
- Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon the rights of CloudBarrights or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of CloudBar or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual noncommercial use only. Any unauthorized use of the Content of a Site may subject you to civil or criminal penalties.
- USER GENERATED CONTENT; ACCEPTABLE CONTENT
- Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to CloudBar. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories
- Any material or communication transmitted by you to a Site will not be treated as confidential.
- You may not post or transmit to a Site any Submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted.
- You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead.
- You will not post or transmit any Submissions to a Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by CloudBar.
- You agree that your Submissions will not incorporate, encourage, or condone:
- Criminal activity or conduct that gives rise to civil liability;
- Any form of violence, hatred or harassment;
- Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc.
- You agree that your Submissions will not depict, promote, or encourage:
- Irresponsible consumption of alcohol;
- Consumption of alcohol by anyone under the legal drinking age.
- Engaging in any skilled or dangerous activity while consuming alcohol.
- You agree that your Submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by CloudBar.
- CloudBar reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.
- COPYRIGHT POLICY/INFRINGEMENT NOTICES; DIGITAL MILLENNIUM COPYRIGHT ACT CloudBar respects the intellectual property rights of others, and we expect that you do the same. CloudBar may at its sole and absolute discretion, disable and/or terminate accounts of users who may or are alleged to be infringing the intellectual property rights of others. In the United States, CloudBar will respond to allegations of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work is infringed by Content appearing on the online services, please provide a written DMCA notice to CloudBar with the below information. If you believe that your intellectual property rights have been violated, please provide the Copyright Agent (below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the work or other intellectual property that you claim has been infringed;
- A description of the material that you claim infringes on your intellectual property and the material’s location;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the identified use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner's behalf.
- If CloudBar receives such a notification, we reserve the right to remove or delete the allegedly infringing material. CloudBar will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. CloudBar will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto.
PO Box 33114 Los Angeles, CA 90003
Phone number: (310) 294-8792
To the extent permitted under DMCA in the United States, any user whose material has been removed or disabled in accordance with this Policy may provide CloudBar with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
- The user's electronic or physical signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which CloudBar may be found and that you will accept service of process from the person who provided the initial notification of infringement.
- UNSOLICITED IDEAS
- CloudBar does not accept unsolicited ideas or concepts. We are unable to review any ideas or concepts that arise outside of the CloudBar business. You and your heirs and assigns expressly waive any and all claims, now or in the future, in connection with any product, design, or concept similar to your submission, including if you send any unsolicited ideas or concepts to us. Should you submit any unsolicited ideas or concepts through the Site, you hereby grant CloudBar permission to use such content in any manner, including reproduction, transmission, publication or broadcast without compensation.
- Certain parts or features of a Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content on the Site (“Account Information”). Examples of Account Information include but are not limited to user name, address and contact information, and profile picture. The decision to provide this Account Information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Site.
- You agree that you will not provide any false information to us, or create an account for anyone other than yourself without permission.
- You shall not create more than one personal profile. CloudBar reserves the right to remove or reclaim any Account Information from a Site in our sole discretion, and further reserves the right, with or without notice, to terminate your password and membership to such Site or to all CloudBar Sites, for any reason or no reason at all. If we disable your account, you agree that you will not create another one.
- If you register with a Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your account so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer, or assign your account.
- You understand and agree that CloudBar shall not have any liability to you or any other person for any termination of your access to the Sites or the removal of Account Information concerning your account. CloudBar will determine your compliance with these Terms and Conditions in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.
- CHAT FUNCTIONALITY; CHAT BOTS
- Certain Sites may feature chat functionality. In certain instances, this may be manned by a person, and in other cases this may be through automated conversation systems, or “chatbots,” that utilize artificial intelligence. For example, chatbots may be accessed on our Sites (via web widgets), via SMS, and via messaging apps such as Facebook Messenger.
- Given that these automated chatbots are managed through artificial intelligence, and often through third-party platforms, we make no warranties, implied or express, or make any representation concerning the accuracy, results, or reliability, or correctness of the materials and responses.
- LINKING; THIRD PARTY SITES AND CONTENT
- You must obtain CloudBar permission to link to this Site. CloudBar will only authorize links in its discretion, and then only when the majority of the actual audience of the third party site is of legal drinking age in the applicable jurisdiction. If we allow you to link to a Site, you may link only to the home page, or the portion of the Site specifically authorized by CloudBar, and which is freely accessible and not subject to any restrictions such as a paywall, authorized user account or other password protection or authorization. The link must be in plain text, unless otherwise approved in writing. The link to the Site must not damage, dilute or tarnish the goodwill associated with any CloudBar brands and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with CloudBar. You may not “frame” the Site or alter its Content in any other way. CloudBar reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that CloudBar deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms and Conditions.
- The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, designs, sound, video, music, information, software applications, plug-ins, and other Content originating from third parties (collectively, “Third Party Content”). CloudBar is not the owner of, does not control, does not monitor, and is not responsible for any Content or performance of any Third Party Content linked to or referenced on our Site.
- Although this Site may be linked to other sites, CloudBar does not endorse, approve, certify or sponsor the linked site unless specifically stated on this Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and conditions and policies no longer govern.
- In some cases, we may use a third-party service to process purchases and entries made through the Sites, including but not limited to reservation sites, eCommerce/online retail shop sites, and promotional websites. In these cases, your transaction will be subject to the third party’s policies. We have no control over, and are not responsible for, third party’s actions or sites.
- YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER CONTENT ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. WE BEAR NO RESPONSIBILITY FOR ANY ISSUES THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY CONTENT.
- INDEMNIFICATION BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CloudBar HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE CONTENT; YOUR USER CONTENT THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR CloudBar’S USE OF YOUR USER CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CloudBar DEFENSE OF ANY CLAIM. CloudBar RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF CloudBar.
- LIMITATION OF LIABILITY AND DISCLAIMER
- THE SITE, ALL MATERIALS, AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- CloudBar assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, alteration of, or theft or destruction or unauthorized access to, user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. CloudBar is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Site.
- IN NO EVENT SHALL CloudBar BE LIABLE FOR: (1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE, REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING AND (2) AMOUNTS IN EXCESS OF THE AMOUNT THAT YOU PAID CloudBar BY WAY OF THE SITE OR $100, WHICHEVER IS GREATER.
- BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of CloudBar (as broadly defined in the introductory paragraph of these Terms and Conditions) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate (except for remedies available in small claims court), will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in an in-person hearing in Chicago, IL; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable CloudBar’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against CloudBar exceed $250 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, CloudBar agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation or CloudBar initiates the arbitration, CloudBar will pay your filing and hearing fees in connection with the arbitration; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor CloudBar shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
- YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST CloudBar (AS BROADLY DEFINED IN THE INTRODUCTORY PARAGRAPH OF THESE TERMS AND CONDITIONS) OR ANY RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE SITE.
- These Terms and Conditions constitute the entire Terms and Conditions of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, understandings, or the like between the parties with respect to the subject matter hereof.
- These Terms and Conditions may not be amended, nor any obligation waived, without CloudBar written authorization. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver thereof or of any other provision thereof.
- If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
- All disputes arising out of or related to this Agreement will be governed by the laws of the State of Illinois and controlling U.S. federal law without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. No choice of law rules of any jurisdiction will apply.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to cheers@CloudBar.co or by writing to CloudBar,
PO Box 33114 Los Angeles, CA 90003, or by calling us at 310-294-8792
- California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Special Terms for International Users The following terms and conditions apply to you, and supersede conflicting terms in the Terms and Conditions, if you are an EU or UK resident to the extent required by applicable law:
- EUROPEAN UNION AND UNITED KINGDOM.
- Exceptions to Liability Limitations.Nothing in this Agreement excludes or limits CloudBar liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
- ARBITRATION MAY NOT APPLY TO YOU.IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE TERMS AND CONDITIONS WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
- No Prejudice to Consumer Law.As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
- Local Jurisdiction.The local law of your jurisdiction may entitle you to have a dispute relating to these terms and conditions heard by your local courts. These Terms and Conditions do not limit any such rights that you have that apply regardless of the terms and conditions of an agreement that you have entered into. However, by entering into these Terms and Conditions, CloudBar does not consent to the jurisdiction of any courts other than those referenced in the Terms and Conditions and reserves the right to contest that it is not subject to the jurisdiction of any other court.
- Dispute Resolution.Section 13(A) and (B) will not apply to you if any such provision is unenforceable under the laws of your Province of residence. Section 13(C) will continue to apply in all such cases.
- Cancellation Rights.Residents of certain Provinces may have the right to cancel the provisions of certain purchases as required by local law. CloudBar will honor such cancellation rights.