Service Terms


These terms were last modified on July 20, 2016

Welcome to barmij.ly!

When you visit, view, use, or access our website barmij.ly, and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials or other services provided by barmij.ly (collectively, the “Site”), whether as a guest or a registered user, you’re agreeing to our terms, so please take a few minutes to read over the Terms of Use below.

1. Intorduction


These Terms of Use, as may be amended from time to time, together with any documents, policies, or terms they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and barmij.ly (“barmij.ly”, “we”, or “us”). For purposes hereof, “you” includes, individually and collectively, you and any individual, entity, or Affiliate of yours that is visiting, viewing, using, or accessing the Site.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, or (ii) clicking “Agree”, “Submit”, or similar links that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. BARMIJ.LY'S ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

2. Additional terms


Any personal information submitted in connection with your use of the Site is subject to our privacy policy found at barmij.ly/privacy (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Site in accordance with our Privacy Policy solely in furtherance of providing you, or improving your experience with, the applications, mobile applications, functionalities, content, materials, or other services that may be available on or through the Site from time to time.

3. User accounts


In order to participate fully in our services, you will need to provide your name and an email address in order to create a user account (the "User Account"). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional information. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information barmij.ly may collect about you and how barmij.ly uses that information. By accessing the Site, you signify that you consent to the collection and use of your information by barmij.ly.

You agree to to immediately report to us unauthorized access to your account or security breach that you become aware of.

4. Copyrights


The Site contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of barmij.ly and licensors of barmij.ly (collectively, “Proprietary Material”), including, but not limited to, source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Proprietary Material may only be accessed through the Site, and not by or from any other site or means. The applicable License granted you by these Terms of Use is a right of access through the Site only, and does not grant to you any right to download or store any Proprietary Material in any medium, other than (i) that downloadable content that may be provided for certain content, including exercise files, slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by an applicable end user license agreement for such application (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us at copyright@barmij.ly.

5. User generated content


The Site from time to time may provide you with the ability to upload, post, submit, publish, or transmit to other users or persons (hereinafter, “post”) via online forums, chat capabilities, user discussion groups, blogs, online profiles, or other online forums (“Interactive Services”).

The Interactive Services are intended to provide you and other users with valuable resources on selected topics. Some, if not most, of the content found on such Interactive Services is provided by third party users, and not us (such content, “User Content”). The third party user (including you, if applicable) is solely responsible for the User Content and for complying with applicable laws relating thereto.

All User Content you submit to the Interactive Services (including for inclusion on the Site) or that is otherwise made available to barmij.ly will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our Affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You acknowledge and agree that any and all Feedback provided will be the sole and exclusive property of barmij.ly, and you hereby irrevocably assign to barmij.ly and agree to irrevocably assign to barmij.ly all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist barmij.ly to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

We reserve the right to:

  1. Remove or refuse to post any User Content or Feedback for any or no reason in our sole discretion.
  2. Take any action with respect to any User Content or Feedback that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content or Feedback violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  5. Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding anything to the contrary, we have no obligation to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

6. Code of honor


In addition, you agree to adhere and abide to the following Code of Honor.

You acknowledge and agree that you will not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein.

You acknowledge and agree that you will not manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorized Downloadable Materials.

You acknowledge and agree that you will not permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorized user

You acknowledge and agree that you will not remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site.

You acknowledge and agree that you will not violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way.

You acknowledge and agree that you will not use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

You acknowledge and agree that you will not post to the Interactive Services or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content.

You acknowledge and agree that you will not use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipmen.

You acknowledge and agree that you will not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

You acknowledge and agree that you will not use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the property working of the Site.

7. Access restrictions


We may suspend, revoke, deny, or disable your access or the access of any of your Subscribers if you or they have violated any provisions of these Terms of Use, as determined by us in our sole discretion. We reserve the right to monitor use of the Site and reserve the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Conduct. The term “normal limits” will be determined solely by barmij.ly.

8. Disclaimers of warranty / Limitations OF Liabilities


THE SITE, ITS RELATED APPLICAITONS AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

BARMIJ.LY DO NOT WARRANT THAT THE SITE NOR ITS RELATED APPLICATIONS WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

BARMIJ.LY RESERVERS THE RIGHT TO ALTER OR TERMINATE ITS FEATURES AND OFFERINGS AT ITS OWN DISCRETION WITHOUT ANY NOTIFICATION NOR COMPENSATION.

If you have any questions about what you have just read, please drop us a line at founders@barmij.ly and we will answer your questions.