Sharing Your Content and Information.
- You own all of the content and information you post on BFLY.
- For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give BFLY the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with BFLY (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in back copies for a reasonable period of time (but will not be available to others).
- When you use an application, your content and information is shared with the application.
- When you post content or information, it means you are allowing everyone, including people not registered as BFLY users, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- BFLY does not want to receive confidential or proprietary information from you through the website or the mobile App and any information or material sent to BFLY through the website or mobile App in respect of any products or service referenced or offered on the website or mobile App will be deemed NOT to be confidential.
If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
BFLY always appreciates your feedback or other suggestions about BFLY, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). If you have any suggestions to offer, please contact us through the application or website.
We do our best to keep BFLY safe, but we cannot guarantee it. We need your help to maximize safety, which includes the following commitments:
- You will not use BFLY if you are under 21 years old.
- You will not use BFLY if you are a convicted sex offender.
- You will not send or otherwise post unauthorized commercial communications (such as spam) on BFLY.
- You will not collect users’ content or information, or otherwise access BFLY, using automated means (such as harvesting bots, robots, spiders, crawlers or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on BFLY.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes (“promotion”) on BFLY without our prior written consent. If we consent, you take full responsibility.
- You will not use BFLY to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of BFLY, such as a denial of service attack.
Protecting Other People’s Rights.
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on BFLY that infringes or violates someone else’s rights or otherwise violates the law.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including BFLY, “GetBFLY.com”, or the BFLY app), or any confusingly similar marks, without our written permission.
- You will not post anyone’s identification documents or sensitive financial information on BFLY.
We currently provide our mobile services (i.e., phone apps) for free, but please be aware that your carrier’s normal rates and fees, such as text messaging, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information with BFLY to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through application) their contact lists with any basic information and contact information that is visible to them on BFLY, as well as your name and profile picture.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice.
If anyone brings a claim against BFLY related to your actions, content, or information on BFLY, you will indemnify and hold BFLY harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
BFLY serves two distinct groups, venue operators/bartenders and users, who may have divergent interests under certain circumstances. BFLY does not represent either of these groups and will strive to remain neutral if circumstances arise to create a conflict between them.
The BFLY website and the BFLY mobile App are intended for responsible adults of legal drinking age who wish to try new drinks, get information about alcoholic beverages, drinks/cocktails, keep up to date on their favorite bartenders or explore the bartending profession. It is purely intended for entertainment purposes.
BFLY is not advocating the abuse of alcoholic beverages, and if you try recipes and other material provided by bartenders or users, do so with caution. BFLY does not promote misuse of alcohol, alcoholism, hazing, binge drinking, or any other form of alcohol abuse.
BFLY cannot take any responsibility for the effect these drinks may have on people. Drinks submitted by users have not been tested. Some drinks may be bad for your health, and have been included more as a novelty. Information on BFLY may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.
BFLY urges the following: Do not drink and drive. Do not drink excessively. Excessive consumption of alcohol may cause irreparable damage or harm to your body and may be lethal. Pregnant women and women who may become pregnant should abstain from alcohol.
Special Provisions Applicable to Users Outside the United States.
The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on BFLY (such as advertising).
By “BFLY” we mean the features and services we make available, including through (i) our website at www.GetBFLY.com and (ii) any other BFLY branded websites (including sub-domains, international versions, widgets, and mobile versions)
By “information” we mean facts and other information about you, including actions you take.
By “content” we mean anything you post on BFLY that would not be included in the definition of “information.”
By “data” we mean content and information that third parties can retrieve from BFLY.
By “post” we mean post on BFLY or otherwise make available to us (such as by using an application).
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “user” we mean any person who has logged in, at least one time, to BFLY.
By “active registered user” we mean a user who has logged into BFLY at least once in the previous 30 days.
By “mobile App” we mean the BFLY downloadable mobile application which allows you to connect to the BFLY network from your mobile phone or tablet device.
- You will comply with all applicable laws when using or accessing BFLY.