You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of The Pub and Bar Network website www.pubandbar-network.co.uk (“the Network”) and/or any other domain extension or sub-domain of the Network.
There are three types of Users: (1) Paid members who have a website listed inside the Network, (“licensees”) (2) free users that have registered with the Network ("Free Members"), and (3) visitors of the site ("Visitors"), such as someone browsing the Network.
By using the Network website and search facility and/or any other domain extension or sub-domain of the Network in any capacity you are agreeing to these terms of service.
You must be 18 years of age or older to be a User or Visitor of the Pub and Bar Network website. By continuing to use the website, you are warranting that you are at least 18 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the website.
We make no representations or warranties whatsoever to the effect that the contents of this Website are suitable for people under the age of 18.
Updates to the Terms of Service
This Terms of Service Agreement was last updated on October 1st, 2008. We reserve the right, at any time, to modify the website and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the website after modifications are posted will be considered an acceptance of the modified Terms of Service.
Description of Services
This website is owned and operated by The Pub and Bar Network Ltd, Registered Office located at 158 Valley Road, Clacton On Sea, Essex CO15 6LX. The Network website and search facility provides licensees with the ability to promote their venues via the Network platform. Allows Free members to register their details to take advantage of licensees’ promotions, offers and information. Allows visitors to find venue information.
You understand and agree that although we will use reasonable efforts to ensure the website is available to all everybody, temporary interruptions of the services available through this website may occur. The services available on this site are provided on an "AS IS" basis.
agree that you will not add any e-mail address, phone number or other website details to any website within the Network.
agree to keep your website up to date and take full responsibility for out of date content.
You understand and accept that your website will be removed from the search facility (automatically or otherwise) and anywhere else on the Network if it is not updated within a certain time of the last update - currently 90 days of the last update.
You agree to reply to all potential customers who write to you via the Network or related sites within reasonable time. We classify reasonable time as 24 hours. Although we advise within 1hour to get the most from it.
To protect the interest of all paying subscribers:- Immediate termination of an account without prior notice will take place if evidence of any booking requests meant for a specific venue coming from the Network via any means is passed on to any venue or person outside of the Network.
If you use any third party applications such as Animoto Video and/or Live Bookings on the Network you also agree to their terms of conditions and or service.
Licensee Registration Data, Passwords, and Privacy
By registering with us in whatever capacity, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and you take full responsibility for the protection of your password. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify The Network immediately if you learn of any unauthorized use of your password.
Payment of Fees
If you subscribe as a licensee, you agree to pay all fees associated with that subscription. Upon registration for a licensee account, you may be prompted to pay for a monthly subscription through various payment methods. All subscriptions paid through Online Checkouts, when available, are subject to their own Terms of Service, and we will not be responsible for anything contained therein.
If, for any reason, your online payment is not received by the Network, your licensee account will revert to a Free User account until payment is received by us. You agree that until your licensee account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including solicitor fees and other legal expenses.
Conduct on Site
You agree to obey all applicable rules and regulations in using the website, and agree that you are responsible for the contents of your submissions or communications through the site, including Text, Image Content, Musical Content, Animoto Videos and any other videos (collectively, "Submissions").
You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information -- that:
1. Are unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
2. Contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
3. Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5. Constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. Contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
7. Contains measures that could be used to determine the architecture of the website, or could be used to decompile, disassemble, or reverse engineer the website.
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not always pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply.
You understand that in using this website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against The Pub and Bar Network and its affiliated websites arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your user account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not link to this website unless you comply with these linking conditions.
You may share licensee information on any website provided that website is pub and/or bar related.
You may not link from your website inside the Network to any website outside of the Network without prior written agreement.
Your right to link to the Pub and Bar Network website is expressly conditioned upon your compliance with the following restrictions:
A. The link must either resolve to the homepage, "PubandBar-Network.co.uk" or to the link directly associated with a Licensee Micro-Site. Example, your own websites.
B. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of the Network or any other third party.
C. The link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look, or feel of the website. Other than where express permission has been given by the Network.
D. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Network other than as a User; and
E. The link and surrounding materials must not portray The Network or services available on the website, or the website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.
Third Party Sites and Information
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party.
These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.
a. The Pub and Bar Network’s Intellectual Property Rights. The Network is the owner and retains all proprietary rights to the website, the services provided by the website, and all associated copyrights, trademarks, brands, service marks, images, patents or other proprietary rights under law. You are permitted to use the website and its content only as specifically authorized by us.
The Network’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by the Network, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits the Network in any way.
The Network’s software, platform and services available on this website may be at any time the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with this website and in accordance with these Terms of Service.
b. Others' Intellectual Property Rights. The Network deeply respects the third party intellectual property rights that may be implicated in any submissions including the creation and submission of music, and any text, images and video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
The Network encourages the use of Animoto Video. In creating an Animoto Video using Animoto's proprietary software, you should adhere to the terms and conditions of Animoto
You are responsible for payment of the fee charged by Animoto or any other third party software you use on the Network.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the website.
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from your website within the Network without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
You agree to indemnify and hold The Network, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable solicitor' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. The Network reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Network in asserting any available defences.
Termination of Use
We may at any time remove the Website for any reason or prevent your access to it using your password either on a permanent or temporary basis and without the need for prior notice to you. Where you have made payment for our goods or services, we will, where possible provide such goods or services following removal of the Website but where we cannot we will endeavour to provide you with an appropriate refund.
No refund will be made by the Network regarding purchased third party software.
If goods and/or services have been purchased or ordered from a third party through the Website and the Website is removed after such purchase or order the supply of the goods or services is a matter for you and the relevant third party supplier.
We may terminate or suspend your use of this website at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.
We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
All applicable sections will survive termination.
These Terms shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.
All notices to any User or to the Network shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at 158 valley Road, Clacton On Sea, Essex, CO15 6LX, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by conventional mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by the Network, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and solicitors' fees.