PLEASE READ THIS TERMS OF SERVICE CAREFULLY
By using barandclubstats.com or any of the Bar & Club Stats, Inc. ("BCS") operated websites (“Services”), ID scanner(s) ("Product") or by using, renting, purchasing or downloading and installing the BCS iTunes application (“Licensed Software”), you agree to be bound by the following terms and conditions (“Terms of Service”).
BCS reserves the right to update or change these Terms of Service at any time and without notice. Any additional features and functions that are added to the Service and/or Licensed Software will be subject to the Terms of Service. Continued use of the Service and Licensed Software after any such change shall constitute your consent to such changes. You can review the most recent version of the Terms of Service at barandclubstats.com/terms.
Violation of any of the terms below will result in the termination of your account. Upon termination of your account you must destroy all copies of any Licensed Software which has been installed on your local computer, portable media player or cell phone.
You agree to use the Service at your own risk.
ACCOUNT TERMS
- You must be 18 years or older to use this Service.
- You must be a human resident or business of the United State of America or Canada. No “bot” or other automated systems may be account holders.
- You must provide a legal full name, valid email address and any other information requested in order to complete the sign up process.
- You are responsible for maintaining the security of your login and password. BCS cannot be held responsible for any loss or damage from your failure to comply with your security obligation.
- You may not use the service for any illegal or unauthorized purpose. You must not use this Service to violate any laws in your jurisdiction (including, but not limited to privacy, copyright, and laws regarding trade secrets).
- Please verify the privacy laws of your state. BCS accepts no responsibility for illegal collection or use of ID scan information.
PAYMENT AND REFUND TERMS
- Billing is done at the beginning of each calendar month or every thirty (30) days. You must provide a valid US issued credit card in order to use our service.
- Accounts are billed each calendar month and the charge is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused. No exceptions will be made to this rule in order for us to treat all of our customers fairly.
- All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes excluding only US (federal or state) taxes.
- BCS reserves the rights to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of the Services are subject to change at anytime with fourteen (14) days notice. We will let you know by any or all of the following: email, posting to barandclubstats.com or posting inside the Service.
- BCS shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
UPGRADES AND DOWNGRADES
- If and when you downgrade, you will automatically be charged the new price level on your next billing cycle. Upgrading will be charged on the current cycle.
- Downgrading your service may result in the loss of data, features or content and BCS does not accept liability for such loss.
CANCELLATION AND TERMINATION
- You and you alone are responsible for properly canceling your account by sending an email to info@barandclubstats.com.
- BCS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your Account or your access to your Account. BCS reserves the right to refuse service to anyone for any reason at any time.
COPYRIGHT AND LICENSED SOFTWARE
The Patent Pending BCS method and software and all the files inside is copyright © 2011 - 2012 Bar & Club Stats, Inc. The look and feel of BCS' License Software are also copyright © 2011 - 2012 Bar & Club Stats, Inc. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, or software code without express written permission from BCS.
BCS shall retain the ownership of the Licensed Software which is licensed on a non-exclusive basis to you the “Licensee” for use under the following conditions.
PERMITTED USES: Subject to the terms hereunder, BCS hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the barandclubstats.com website solely for the benefit of Licensee and not for any third party.
PROHIBITED USES/YOU MAY NOT: (a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the BCS website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without BCS' prior written approval, (e) resell, rent or otherwise provide access to barandclubstats.com to a third party or (f) take any action in an attempt to obtain other user’s data, cause malfunction, crash or otherwise impair the BCS website. Any rights not expressly granted hereunder are reserved by BCS.
You agree that the Licensed Software is the confidential information of BCS and agrees not to disclose such software to any third party.
CONTENT AND DATA
- It is understood by the Parties that the Product will send anonymous data (“BCS Data”) via your wireless internet connection or cell phone network to BCS’ database.
- BCS never has access to patrons’ names, address or driver’s license number.
- BCS is the sole and exclusive owner of the BCS Data, and you will have access to the BCS Data. BCS reserves the right to leverage the BCS Data for marketing and advertising applications, and BCS will be the exclusive party to provide BCS' Data for such purposes. Also, BCS reserves the right to leverage BCS Data for consumer applications (i.e. smartphone applications).
- By using our Service you hereby grant permission to BCS to use your information, including, but not limited to your contact information, for improving and maintaining BCS and for analytical purposes in a manner where such data is aggregated with other users.
GENERAL CONDITIONS
- Your use of the Service is at your sole and absolute risk. The Service is provided on an “as is” and “as available” basis.
- In no event will BCS be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Service or Licensed Software, even if advised of the possibility of such damages. Specifically BCS is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of the use of the product, loss of data, the cost of recovering data, or claims by third parties, or for other similar costs.
- You agree to indemnify, save and hold harmless BCS and its officers, directors, investors, employees and agents from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action from third party claims or suits asserted against, incurred, arising out of or related to the your responsibilities, obligations and representations. This includes, but is not limited to, injuries sustained at the your bar, club or other retail establishment, Dram Shop violations, tickets and/or penalties for service of alcohol to minors, privacy violations, and noise violations.
- BCS does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the services will be corrected.
RENTAL DEPOSIT
If you to rent the Scanner from BCS, Venue hereby authorizes BCS to charge its credit card or debit its bank account $849.99 if the Scanner is lost, stolen or damaged beyond normal wear and tear by you, your employee(s), or your customers.
PURCHASE
If you purchase an ID scanner before on or before 10/16/12, online data access will be free for six (6) months after which access will be $49.99 a month. BCS reserves the right to cut off online data access if a credit card or bank account number is not received by BCS six (6) months after the date of purchase.
If you purchased an ID scanner after 10/17/12 online data access will be $29.99 a month starting one (1) month after the purchase date. Venue may opt-out of online data access after one (1) year with written notice to info@barandclubstats.com.
Any ID scanner purchase may be returned within fourteen (14) days of receipt for a full refund as long as the Product is in good working order. BCS reserves the right to charge a 15% restocking fee. Return postage is the responsiblity of the Venue.
