Terms of Use

By using or accessing the BFLY website and/or the BFLY mobile App, you agree to the following Terms of Use

 

Privacy.

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use BFLY to share with other users and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

 

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.

 

Safety.

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.
  • You will not facilitate or encourage any violations of these Terms of Use.

 

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.
  • We can remove any content or information you post on BFLY if we believe that it violates these Terms of Use.
  • 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.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not BFLY) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone’s identification documents or sensitive financial information on BFLY.

 

Mobile.

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.

 

Amendments.

We can change these Terms of Use if we provide you notice within a reasonable period of time before the change (by posting the change on the BFLY website).

We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice.

 

Termination.

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for BFLY, we can stop providing all or part of BFLY to you. We will notify you via email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, these Terms of Use shall terminate, but some provisions may still apply.

 

Disputes.

You will resolve any claim, cause of action or dispute (“claim”) you have with BFLY arising out of or relating to these Terms of Use or BFLY exclusively in a state or federal court located in Delaware. The laws of the State of Delaware will govern these Terms of Use, as well as any claim that might arise between you and BFLY, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware for the purpose of litigating all such claims.

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.

 

We try to keep bfly up, bug-free, and safe, but you use it at your own risk. We are providing bfly “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that bfly will be safe or secure. Bfly is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a california resident, you waive california civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these terms of use or bfly, even if we have been advised of the possibility of such damages. Our agregate liability arising out of these terms or bfly will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, bfly’s liability will be limited to the fullest extent permitted by applicable law.

 

Neutrality.

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.

 

Disclaimer.

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).

 

Definitions.

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.

 

Other.

  • These Terms of Use are an agreement between you and BFLY, LLC. References to “us,” “we,” and “our” mean BFLY, LLC.
  • These Terms of Use make up the entire agreement between the parties regarding BFLY, and supersede any prior agreements. For venues only, these Terms of Use incorporate any earlier executed Venue Agreement.
  • If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of these Terms of Use, it will not be considered a waiver.
  • Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.
  • You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.
  • All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of the law.
  • Nothing in these Terms of Use shall prevent us from complying with the law.
  • These Terms of Use do not confer any third party beneficiary rights.
  • You will comply with all applicable laws when using or accessing BFLY.