Terms of Use

Welcome to www.open-bar.org! The Open Bar^TM Site is made available to you (you and others who access and use the Open Bar site(s), each being a "Visitor") subject to the following Terms of Use ("TOU"). By accessing the Open Bar Site, and by continuing to use the Site, you agree to these TOU as well as to our Privacy Policy. If you do not agree, you may not use or access any part of the Open Bar Site.

These TOU govern your use of the open-bar.org web site provided by Open Bar, Inc. including without limitation use of all services, content, data, images, information and other materials posted on or available through these sites (collectively, the "Site"). Note that certain areas of the Site and use of data, content, or services made available through the Site or otherwise may be subject to additional terms and conditions. If you participate in activities that are subject to additional terms, such as the group email lists or other collaborative communication forums, you also agree to honor the terms relating to those specific activities.


Changes in TOU

Open Bar may modify or update these TOU at any time without notice to you. By your continued use of the Site, you indicate that you agree to be bound by the TOU then currently in effect. You can review the most current version of the TOU at any time at: http://www.open-bar.org/tou.html.


Registration Data and Related Obligations

In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself when registering as a Visitor and in any other communications or materials relating to your identification and authorization as a Visitor (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Open Bar has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, Open Bar has the right to suspend or terminate your account and refuse you any and all current or future use of the Site, or any portion thereof.

You may have received a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify Open Bar of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Open Bar cannot and will not be responsible for any loss or damage arising from your failure to comply with this provision.

You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Site; and (iii) the consequences of any misuse. [In the event that you are a minor, Open Bar reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.]

If you reside in the European Union, upon registration you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States. If you fail to provide your consent, you will not be permitted to access those portions of the Site for which registration is required. Your personal information shall only be used in accordance with Open Bar's Privacy Policy.

For additional information on how we use your information, please see our Privacy Policy.


Content

For purposes of these TOU, "Content" means all communications, publications, information, software, material, text, graphics, links, electronic art, animations, audio, video, photos, and other data that appears on, or is e-mailed, posted, or transmitted on or through the Site.


Open Bar Content

You acknowledge that the Open Bar Site, and Content provided by Open Bar or its third-party providers (collectively, the "Open Bar Content") are the property of Open Bar and/or such third parties. Except as expressly authorized by Open Bar or such third parties in this TOU or as may be posted on the Site, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the Open Bar Content, in whole or in part. You may not store any significant portion of any Open Bar Content, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Open Bar Content or the Site on any other server, except with the prior written consent of Open Bar, Inc.

You may download and print a reasonable number of copies of Open Bar Content for noncommercial personal or educational use only; provided that (i) any permitted copies of Open Bar Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Open Bar Content and an original source attribution to Open Bar or the other copyright holder, and (ii) no modifications of any of the Open Bar Content are made except as may be expressly provided by Open Bar. You acknowledge that Open Bar and/or third-party providers remain the owners of the Open Bar Content and that you do not acquire any intellectual property rights in such Content by downloading or printing such Content.

Any rights to or in the Open Bar Content that are not expressly granted by these Terms and Conditions or any other agreement with Open Bar are reserved by Open Bar and/or its vendors and licensors.


Visitor Content

You will not upload, post or otherwise make available on any Open Bar Site any material protected by copyright, trademark, or other proprietary right, (i) unless you are the owner of the copyright, trademark or other proprietary right, or (ii) without the express written permission of the owner of the copyright, trademark, or other proprietary right (you or such other owner being the "Copyright Holder"). The burden of determining that any material is or is not protected by such a proprietary right and for complying with applicable copyright and other laws protecting the rights of the Copyright Holder rests with you. You acknowledge that the Content provided by any Visitor (the "Visitor Content") is and remains the property of the respective Copyright Holder and that you do not acquire any intellectual property rights in such Content by accessing, downloading or printing such Content. Except as expressly authorized by the Copyright Holder, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the Visitor Content, in whole or in part. You also may not "mirror" any Visitor Content or the Site on any other server.

By uploading or otherwise making available any Visitor Content on the Open Bar Site, you automatically grant and/or warrant that the Copyright Holder has granted Open Bar the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Visitor Content on and through the Site.

You will be solely liable for any loss or damages resulting from your violation of these TOU, including for any alleged or actual infringement of copyright, proprietary right, or any other illegal act or harm relating to any Visitor Content.


Content is Not Legal Advice

By subscribing to and participating in any Open Bar discussion list, and/or using any Open Bar Site, you acknowledge and agree that any and all Content is intended for educational purposes and to promote open discussion among attorneys. Content is not legal advice nor a legal opinion and you agree that you will not rely on it as such. No communication on any Site is intended to create or shall create any attorney-client relationship. Open Bar, Inc., including its officers, directors and advisors, assumes no liability for the content of, or reliance on, any posting or other Content.


Non-Confidentiality of Visitor Content

Unless otherwise indicated in this Site, including our Privacy Policy, any Visitor Content communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personally identifiable information of Visitors and any papers or any materials submitted to the Site), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant Open Bar a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for any purpose, including, but not limited to, the development and use of programs and services based on the Communications.


Deletion of Visitor Content

You expressly acknowledge and agree that Open Bar may delete all Visitor Content periodically and that no copies of such Visitor Content will be accessible, viewable or downloadable by you or any other Visitor following such deletion. Accordingly, you must retain a copy of any Visitor Content uploaded by you if you want to access or use such Visitor Content in the future. Open Bar shall not be required to provide any notice of any such deletion, nor liable for any failure to do so, nor liable in connection with any deletion of Visitor Content.


No Obligation to Monitor; Right to Remove and Disclose Visitor Content

Open Bar has the right, but is not obligated, to monitor or review any areas of the Site where Visitor Content is made available. Open Bar reserves the right to move, hide or remove any Visitor Content which it considers in its absolute discretion to be objectionable, offensive, illegal or otherwise in breach of these TOU. To the fullest extent permitted by applicable law, Open Bar will have no liability or responsibility for or related to Visitor Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, nor for any claims, damages, or losses resulting from its use, appearance on, deletion from, or other removal from any Site.

You agree and acknowledge that Open Bar may preserve Visitor Content and may disclose Visitor Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond to claims that any Visitor Content violates the rights of third parties or protect the rights, property or personal safety of Open Bar, its licensees, its distributors, its users and the public.


No Framing

You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without Open Bar's express written consent.


Trademarks

Open Bar and other names of Open Bar products and/or services Site are the trademarks and service marks of Open Bar. Open Bar's trademarks and service marks may not be used in connection with any program or service that is not Open Bar's or in any manner that is likely to cause confusion among Visitors or the general public, or in any manner that disparages or discredits Open Bar. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Open Bar does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Open Bar, any Copyright Holder. or any other person or entity by virtue of your use of these Site.


Conduct

You may only access the Open Bar websites and channels and use the Site for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site. You agree that you will not on, through, or by using the Site: (i) commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable Visitor Content; (iii) upload, post, e-mail, or otherwise transmit any Visitor Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any Visitor Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Site; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other Visitors' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) intentionally introduce a virus or other harmful component, or otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (x) collect or store personal data about other Visitors; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of Open Bar, the Open Bar Site, use of the Open Bar Site, or access to the Open Bar Site; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other Visitors without their permission. In addition, any User shall use the Site and any discussion lists consistent with Open Bar's Guiding Principles as stated on http://www.open-bar.org/guiding.html.

Open Bar reserves the right to immediately delete any visitor content and/or to suspend or terminate your access to the Site in the event of any violation of these TOU.


Links

Some links on the Open Bar Site lead to, or originate from, sites hosted by independent third parties. Such links to or from the Site do not constitute any endorsement or recommendation by Open Bar of any third party or its Web site, products, resources or other information. An external hyperlink to a site does not imply that Open Bar is affiliated or has any other legal or other connection with the third party, nor that Open Bar sponsors, or endorses any content on, the third party's Web site. Open Bar is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that Open Bar shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.


Local Laws; Export Control

Open Bar controls and operates the Open Bar Site from its headquarters in California, United States and makes no representation that any Open Bar, Visitor, or other Content is appropriate or available for use in other locations. If you use the Open Bar Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Open Bar Site are solely directed to individuals and other entities located in California, United States.


Accuracy and Integrity of Information

Open Bar cannot guarantee the integrity and accuracy of the Site, or that posted data will not be altered or deleted. Open Bar makes no guarantees whatsoever as to the integrity or accuracy of the Site.


Disclaimer of Warranty

OPEN BAR IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT POSTED BY VISITORS OR ANY THIRD PARTY AND CONTAINED WITHIN THE SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE OR AUDIENCE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE VISITOR OR OTHER THIRD PARTY.

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE OPEN BAR WEBSITE IS AT YOUR OWN RISK. NEITHER OPEN BAR, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, DISTRIBUTORS, OR AGENTS WARRANT THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SITE.

THE OPEN BAR SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL OPEN BAR OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSEES, DISTRIBUTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF OPEN BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE OPEN BAR SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OPEN BAR'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OPEN BAR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Indemnification

You agree to indemnify and hold Open Bar, and its affiliates, officers, licensees, distributors, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of (i) any Content, including Visitor Content, you submit, post to, email, or otherwise transmit through the Site, (ii) your use of the Site, or (iii) your breach of the TOU. You agree to cooperate as reasonably required in the defense of any claim.


Procedure for Making Claims of Copyright Infringement

The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, Open Bar has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the Open Bar Site. All inquiries into alleged copyright infringement on the Open Bar Site should be sent to Open Bar, P.O. Box 505, Palo Alto, CA 94302-0505.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Open Bar's Designated Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.