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BRX TERMS OF USE ("Terms Of Use")

Last Updated: 6/14/16

This Site (“Site”), including all structural aspects and all of the content herein, is operated by Bar & Restaurant Exchange Inc ("BRX") and either owned by BRX directly or licensed to BRX by the owner of said aspects and content.

As a User (“User/You”) of this Site and/or its contents, You agree that access to this Site is conditional upon Your acceptance of this document, including the Terms of Use of BRX and the Privacy Policy of BRX.

BRX reserves the right to modify or update these Terms of Use from time to time with immediate effect and without prior notice to any User of this Site. It is the responsibility of each User to review these Terms of Use periodically for updates. The date of the most recent modification to these Terms Of Use is indicated by the “Last Updated” date that appears at the top of this document.


USE OF THIS SITE BRX maintains this Site for the personal entertainment, information and education of its Users. By visiting and participating in the activities offered on this Site, You affirm, represent and warrant that: (1) all information You submit via this Site shall be truthful and accurate and You will maintain the accuracy of such information; (2) You will abide by these Terms of Use; (3) Your use of this Site shall not otherwise violate any applicable law, rule or regulation; (4) You will not copy or distribute any part of this Site in any medium, including posted on any networked computer, printed or broadcast in any media, and You will not “frame” this Site or any of its content in any other site without BRX’s prior express written permission; (5) You will not alter or modify any part of this Site, or content thereof, other than as may be reasonably necessary to use this Site.

Access, distribution and/or use of this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.

In order to access some features of this Site, You may have to create an account. When creating an account, You must provide accurate and complete information and may not use a fake identity or any other individual’s identity.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content therein, to obtain or attempt to obtain materials, documents, ad space, ad revenue or information through any means not purposely made available to You through this Site by BRX.

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If You are of legal age in Your country of residence and the country from which You are accessing this Site, please continue. If You are not, please exit this Site immediately. By continuing, You affirm that You are of legal age to purchase and consume alcohol in Your country of residence and in the country from which You are accessing this Site.

Except as otherwise provided, the copyrights to all materials, content and lay­out of this Site, including the text, user and visual interfaces, images, video, look and feel, design, sound and any underlying software and computer codes, are proprietary to BRX or has been licensed to BRX by the owner of said materials, code and/or content. Except as permitted by prior express written permission by BRX, User may not copy, reproduce, post to any other site, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site. Your use of this Site does not grant You any right, title, ownership, interest or license to any such intellectual property appearing on this Site. Any unauthorized use of this Site or the content of this Site may subject You to civil and/or criminal penalties.

All direct commercial use of all or part of this Site is prohibited except with the prior express written permission of BRX.

All rights not expressly granted here are reserved by BRX.

USER SUBMITTED CONTENT (“USER CONTENT”) On certain sections of this Site, and through various parts of BRX, You may submit, and in some cases publicly display, User Submitted Content (“User Content”). User Content may include messages, emails, comments, images, video, ratings, votes, information, creative works and/or anything else submitted by You to BRX. All User Content, including private or public communications, must conform, in the sole and exclusive opinion of BRX, to the following rules and standards. Specifically User Content must: (1) conform to all applicable laws, including intellectual property, privacy and defamation laws; (2) be appropriate in the context of the general purposes and objectives of this Site; (3) not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (4) not provide personal information other than information requested for by BRX, or solicit such information from any other User of this Site; (5) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, spamming, spimming or phishing; (6) not transmit or distribute any potentially harmful programs such as trojan horses, worms, viruses, spyware or any malicious software or code; and (7) not contain any material or images owned by any other person or entity unless You have obtained all the necessary rights, licenses and permissions needed to post the material as contemplated by these Terms of Use.

Once User Content is submitted to BRX the owner of said User Content will continue to retain ownership and all the related rights — except as specifically set forth herein. These ownership rights include all liability, warranties and other responsibilities, both legal and implied, that accompany the use and/or creation of said content. However, by submitting User Content to BRX, whether supplied in person, emailed, provided through this Site or delivered via any other means, You hereby agree to abide by the Terms of Use and grant to BRX a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, distort, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part, in connection with BRX and any related promotion and marketing of BRX and its affiliated entities, and to waive any and all moral rights You may have to said User Content. You also hereby grant each visitor a non-exclusive license to access said User Content through this Site, and to use and display said User Content as permitted by these Terms of Use. You agree that You will make no commercial use of, modify or remove, any User Content submitted to or obtained through this Site, without prior express written permission or instruction from BRX.

With respect to all User Content that you supply, You represent and warrant that: (1) the User Content submitted by You is either fully original to You, except as to matters within the public domain, or that You have all necessary rights, licenses and permissions needed to submit said User Content to BRX, including but not limited to all copyrights and rights of publicity and privacy; (2) such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or these Terms of Use; (3) no money will be owed to any party as a result of the posting or use of the User Content or its use as contemplated by these Terms of Use; and (4) You will be responsible for all User Content submitted through Your account, and for all purposes under these Terms of Use, all User Content submitted from Your account shall be deemed to have been submitted by You.

Not included in the definition of User Content is Your intellectual property, including Your ideas, topics, concepts, specific phrases, wording choices, terms, solutions and the opinions, which are not included in the exclusive licenses granted to BRX and which You will remain free to utilize for any entity, and in any manner, You see fit, so long as the iteration of such is not longer than a single phrase or thought, and/or can reasonably be considered to not be a direct copy of any User Content provided by You to BRX (e.g. You can use direct quotes from User Content so long as the new body of work is not a copy of the body of work submitted to BRX by You).

In the event that You stop using this Site, whether this termination is initiated by You or BRX, the licensing rights granted by User to BRX regarding User Content will remain fully and wholly intact for as long as BRX and/or its successor or assignees, through multiple tiers, exist. The proper attribution of You as the supplier of said User Content will remain, unless You specifically request this attribution be removed, in which case the attribution will be removed but, and at the full and sole discretion of BRX, the User Content will remain.

While BRX maintains all of the above licensing rights to User Content, BRX cannot sell or transfer these rights unless they are packaged with at least all of non-code based content of BRX, including all User Content, as this will ensure that BRX is not able to profit directly from any specific item of User Content as an isolated entity, but only the collective sale, merger or transfer of BRX and all of the content therein.

BRX may not sell or directly profit from tangible printed iterations of User Content without a separate agreement with the User who submitted said User Content. This is to ensure that commercially produced printed iterations of User Content would require a separate agreement with User, should said printed User Content be used for direct financial gain.

BRX does not monitor User Content for verification of claims, legality or assurance that any other violations have not been made. BRX has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. In the event that any User Content provided by You infringes any copyright or other intellectual property rights, or violates any law, You agree to indemnify BRX for any damages BRX suffers, including but not limited to financial penalties, attorney’s fees and/or costs of litigation incurred in defending legal action brought against BRX for any alleged infringement. You acknowledge and agree that You are solely responsible for any User Content submitted to BRX by You. You further acknowledge and agree that BRX has no responsibility for, and makes no representations concerning, any User Content and will not be liable for any User Content that is in violation of these Terms of Use or any other applicable law.

All content, including User Content, of this Site is subject to amendment, revision and/or updating. While BRX intends to not modify User Content, or modify User Content as little as possible, BRX maintains the right to edit all User Content however it sees fit and retains the full right to do so at its sole discretion, with or without providing notification to You or any other User of this Site.

BRX has no obligation to view, use, publish, acknowledge or respond to User Content, nor does BRX have any obligation to continue the use or publication of User Content once it has been publicly displayed on this Site, as BRX is free to remove, delete and/or discontinue all User Content at any time, with or without notification to any User, including that User which supplied said User Content. Furthermore, BRX may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed.

USER REQUIREMENTS BRX aims to provide Users with premium access to useful information that may be beneficial to their lives and/or businesses. In order to bring this premium content to Users for little to no cost, BRX will display advertisements (“Advertisements”) from sponsors throughout this Site. Users agree not to interrupt, intentionally avoid, navigate around, or otherwise disable these advertisements, as this would undermine the functionality of BRX.

No Ad Blockers.All Users agree that they will not utilize any Ad Blockers (“Ad Blockers”), which are defined as any program which disables or hides advertisements on this Site, while they are using this Site. To be clear, in exchange for the information provided by BRX to User, User is agreeing to not use or discontinue the use of Ad Blockers, so that the Advertisements displayed on this Site will be appear as intended on this Site. If User does not wish to receive these emails they can contact BRX via the contact information at the bottom of this document and request that their account be deleted.

Mandatory emails. For those Users who have created an account on this Site, an action which affords them access to more content, you may be sent occasional emails. While most of the emails will have an opt-in/opt-out option (see the BRX Privacy Policy for further details), up to four emails will be mandatory annually, as they will serve as a primary revenue stream of BRX. To be clear, in exchange for the information provided by BRX to User, User is agreeing to receive up to four emails per year. If User does not wish to receive these emails they can contact BRX via the contact information at the bottom of this document and request that their account be deleted.

NO WARRANTIES BRX does not promise that this Site or any content, service or feature of this Site will be error­ free or uninterrupted, or that any defects will be corrected, or that use of this Site will provide any specific results. BRX reserves the right to suspend or withdraw access to any portion and/or all of this Site at any time and without notice, and accepts no responsibility for any portion and/or all of this Site not being available.

The Site and its content are provided "as is" and "as available" basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular purposes, non-­infringement or accuracy. BRX makes no warranties or representations or conditions about the accuracy of this Site’s content or the content of any sites linked to this Site and assumes no liability or responsibility for: (1) mistakes, or inaccuracies of content; (2) personal injury or property damage of any nature whatsoever from access to, reproduction, distribution and/or use of this Site; (3) any unauthorized access to, reproduction, distribution or use of the secure server of BRX and/or any personal information and/or financial information stored thereon; (4) any interruption of or cessation of this Site; (5) any bugs, viruses, trojan horses or the like which may be transmitted via this Site and/or by any third party; and/or (6) any errors or omissions in any content or any loss of transmitted information or data, or damage that is the result of the use of any materials that are posted, emailed, transmitted or otherwise made available by or through this Site.

BRX is not responsible for any damages or loss related to User reliance on any outdated version of these terms of use, including, but not limited to, any outdated version of the privacy policy.

LIMITATION OF LIABILITY In no event shall BRX, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of the aforementioned entities, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, arising out of or in connection with the use or performance of, or User browsing in, links to other sites from, this Site. This includes computer viruses, data-loss, malfunction or other failures, inaccurate content, the non-performance of any aspect and/or all of this Site, or feature including the running of ads and/or the account of any User. User acknowledges by the use of this Site, that User uses this Site at their sole risk.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to User, some or all of the above disclaimers may not apply, and User might have additional rights.

INDEMNIFICATION You will indemnify BRX, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (1) User breach or alleged breach of any of User representations and/or warranties set forth in these Terms of Use; (2) User use of this Site; and/or (3) any violation of these Terms of Use. You agree that User representations and warranties, and User obligation to indemnify BRX, shall survive beyond any term that these Terms of Use are in effect.

OTHER TERMS OF USE Additional terms and conditions may apply to specific portions or features of this Site, including, but not limited to contests, sweepstakes, invitations, compensation arrangements, or other features (each an "Application"), all of which are made a part of these Terms of Use by this reference. By participating in any Application, You are deemed to have accepted the rules and regulations for that Application. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control any matter relating to said Application.

COMMUNICATIONS WITH THIS SITE You are prohibited from submitting any communications or User Content that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or anything that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.

BRX will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that offending Users have had with this Site, disclosing the identity of, or helping to identify, said Users, as is required by any applicable law or regulation, law enforcement authority, court order or governmental authority.

When You communicate with BRX electronically, via email or otherwise, You consent to receive electronic communications from BRX. BRX cannot always prevent the harvesting of information from this Site, and User may be contacted by BRX or unrelated third parties, by e-mail or otherwise, within or outside of this Site.

Communications by You and all User Content will be treated as, non-confidential and non­-proprietary. If User transmits any ideas, concepts, materials or other communications to this Site, You accept that it will not be treated as confidential and may be used by BRX without compensation in any manner whatsoever, and that BRX is free to use any ideas, concepts, know­how, or techniques contained in any communication User send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, transmission, marketing, etc.

Although BRX will use all reasonable efforts to safeguard the confidentiality of the personal information collected from Users, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

COPYRIGHT INFRINGEMENT CLAIMS BRX values intellectual property and respects the intellectual property rights of others, and will remove materials on this Site that infringe upon the copyrights of others. If You believe that Your copyrighted material has been infringed by material contained on this Site, then pursuant to Title 17, United States Code, § 512, You may notify BRX via a written notice that includes the following: (1) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (2) identification of the copyrighted work(s) allegedly being infringed; (3) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow BRX to locate such materials; (4) contact information (i.e. name, address, email address) sufficient to enable BRX to contact You; (5) a statement to the effect that You have a good-faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (6) 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 exclusive rights that are allegedly being infringed. This information must be emailed or mailed with certification to:

7925 W. Russel Rd. #400443
Las Vegas, NV 89140
Email: admin@thebrx.com

UNAFFILIATED ENTITIES Descriptions of, or references to, products, events, people or any other entity do not imply endorsement of that entity, whether or not they are a part of BRX. BRX has not reviewed, nor is required to, review all of the content, text, claims, images, videos, creative materials, or the information contained herein, and all Users of BRX retain sole and complete ownership of the User Content they submit to BRX, including all responsibility for maintenance and liability.

LINKING POLICY This Site may provide, as a convenience to You, links to sites owned or operated by parties other than BRX. Each of these sites has its own terms and conditions of use, as should be described in the legal notices/terms of use of that site. BRX does not control, and is not responsible for the availability, content or security of these external sites, nor Your experience interacting or using these external sites. BRX does not endorse the content, or any products or services available, on such sites. If You use said sites You do so at Your own risk.

LOGIN INFORMATION To create an account with BRX, which is required to use certain parts of this Site, You will be asked to login using one of Your social media profiles, an action which You may be required to repeat as required by BRX and the workings of this Site. You are responsible for maintaining the confidentiality of the login information of the social media profile that You use to create an account with BRX. You agree not to: (1) use the account of any other User of this Site at any time; (2) share accounts with other Users, or (3) disclose the login information of the social media profile You use for Your BRX account with any third party. You also agree to notify BRX immediately if You suspect any unauthorized access to or use of Your account. You are solely responsible for any and all use of the account You create within BRX.

GOVERNING LAW; VOID WHERE PROHIBITED This Site shall be governed by, and Your browsing in and use of this Site shall be deemed acceptance of and consent to, the laws of the State of Nevada, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally, and BRX does not imply that the products, services, thoughts, ideas, User Content or any other content are appropriate, legal, or available to all persons in all locations, or that BRX intends to make such things available in all locations. Any offer for any product, feature, service or entity found on on this Site is void where prohibited.

SUCCESSORS & ASSIGNEES In the event that BRX is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, You acknowledge and agree that BRX and all of the User Content contained therein, and all rights of BRX and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, BRX will make this information available on this Site.

TERMINATION At the sole discretion of BRX, BRX may modify or discontinue this Site, or may modify or terminate Your account or Your access to this Site, for any reason, with or without notice to You and without liability to You or any third party. Likewise, You may discontinue the use of this Site at any time, without notification to BRX, and with no penalties or restrictions regarding future ventures.

CONFIDENTIALITY During the term of this Agreement and perpetually thereafter, You will use reasonable care to prevent the unauthorized use or dissemination of BRX’s confidential and proprietary information. Reasonable care is defined as at least the same degree of care You would use to protect Your own confidential information from disclosure. Confidential and proprietary information does not include information that You knew before interacting with BRX, is public knowledge through no fault of You, or was independently developed by You or obtained from sources other than BRX.

SEVERABILITY If any provision of this Terms of Use or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Terms of Use which can be given effect without the invalid provisions or application, and to this end the provisions of this Terms of Use are declared to be severable.

ARBITRATION Except where prohibited by law, as a condition of using this Site You agree: (1) to arbitrate all disagreements; (2) that the arbitrator will be selected from the American Arbitration Association, and must be determined by both parties to be a neutral arbitrator and conducted pursuant to the then prevailing rules of the American Arbitration Association; (3) the fees of the arbitrator are to be split evenly between the adversarial parties and can be recoverable by the prevailing party as determined by the arbitrator; (4) any award / judgment from the arbitrator will be binding upon both parties; (5) that any and all disputes and causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action and that to the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration; (6) that any and all disputes and causes of action arising out of or connected with this Site shall be enacted in Nevada within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose); and (7) that judgment upon such arbitration award may be entered in any court having jurisdiction.

JURISDICTION / CHOICE OF LAW This Terms of Use shall be governed by the laws of the state of Nevada. Any dispute or arbitration arising under this Agreement shall be brought within the state or federal courts of Nevada.

WAIVERS Under no circumstances will You be permitted to obtain an award for, and by accessing and/or using this Site You waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that You may have that relates in whole or part to this Site and/or the content therein. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, recovery with respect to any and all claims, judgments, and awards for which You or BRX are entitled shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

CONTACT US If you have any questions or complaints concerning this Terms of Use, You may send BRX an email or post mail with certification to:

7925 W. Russel Rd. #400443
Las Vegas, NV 89140
All rights reserved.
Email: admin@thebrx.com