About
Spirits

TERMS OF SERVICE

Last Updated: November 13, 2024

OVERVIEW

This website is operated by Barboo. Throughout the site, the terms "we", "us" and "our" refer to Barboo. Barboo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or using our services, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, beverage brands, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using barboo.world. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - AGE VERIFICATION AND ELIGIBILITY

By agreeing to these Terms of Service, you represent and warrant that you are at least twenty-one (21) years of age, or the legal drinking age in your jurisdiction, whichever is higher. If you are not of legal drinking age, you must not access or use the Site.

You represent and warrant that you have the legal right, authority, and capacity to agree to these Terms and to use the Site in accordance with these Terms. If you represent an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to alcohol regulations and copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - DIRECTORY SERVICES

Our site provides a directory of beverage brands and related information. While we strive to maintain accurate and up-to-date information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the directory content.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to remove, edit, or modify directory listings at our sole discretion.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Barboo or its content suppliers and protected by United States and international copyright and database rights laws. The compilation of all content on this site is the exclusive property of Barboo and protected by United States and international copyright and database right laws. All software used on this site is the property of Barboo or its software suppliers and protected by United States and international copyright laws.

You acknowledge that Barboo owns all right, title, and interest in and to the Service, including all intellectual property rights. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease, loan, distribute, transfer, or exploit any of our content, code, or other materials on or available through the Service.

Barboo's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Barboo. All other trademarks not owned by Barboo that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barboo.

SECTION 5 - USER CONTRIBUTIONS AND CONTENT SUBMISSIONS

If, at our request or voluntarily, you send certain specific submissions (for example, directory updates) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'submissions'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third party.

SECTION 6 - THIRD-PARTY LINKS AND INFORMATION

The Site may contain links to third-party websites or resources, as well as listings, descriptions, and information about beverage brands that are provided by third parties. You acknowledge and agree that Barboo is not responsible or liable for:

  • The availability or accuracy of such websites, resources, or brand information

  • The content, products, or services on or available from such websites, resources, or brands

  • Any damage or loss caused or alleged to be caused by or in connection with use of such websites, resources, or brand information

If you access a third-party website or resource from the Site, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Barboo from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of brands, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such brands. You agree that Barboo shall not be responsible for any loss or damage of any sort relating to your dealings with such brands.

SECTION 7 - USER ACCOUNTS AND SECURITY

To access certain features of the Site, you may be required to register for an account. You must provide accurate and complete information and keep your account information updated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

You may never use another's account without permission. You may not use the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and alcohol regulations). You must not, in the use of the Service, violate any policies or guidelines of Barboo, which are part of these Terms.

SECTION 8 - DISCLAIMERS AND LIMITATIONS OF LIABILITY

Your use of the Service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Barboo, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

In no case shall Barboo, nor its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Barboo and its operators, subsidiaries, affiliates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys' fees), arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or other proprietary right; (iv) any claim that your submissions caused damage to a third party; or (v) any misrepresentation made by you. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

SECTION 10 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 11 - CHANGES TO SERVICE AND PRICES

Prices for our services (if any) are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 12 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of [Your State].

For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located within [Your County, Your State]. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

SECTION 13 - DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the American Arbitration Association Rules. The tribunal will consist of a single arbitrator. The place of arbitration will be [Your City, Your State]. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You agree that: (1) any claim, dispute, or controversy you may have against Barboo arising out of, relating to, or connected in any way with these Terms or the Service shall be resolved exclusively by final and binding arbitration, (2) the arbitration shall be conducted on an individual basis, (3) no claims of any other parties may be joined or otherwise combined in the arbitration proceeding, (4) no claim may be arbitrated on a class action basis, and (5) the arbitrator is only authorized to award monetary damages and shall not implement any injunctive or other equitable relief.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - ASSIGNMENT

These Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Barboo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@barboo.world.

ACKNOWLEDGMENT

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.