These Terms of Use are effective as of April 2, 2007.

Welcome to Milwaukee Happy Hour, an online portal that connects people that live near each other.  The service provided by Milwaukee Happy Hour and network (collectively, "Milwaukee Happy Hour" or "the Service") are operated by Milwaukee Happy Hour LLC (collectively, "us", "we" or "the Company"). By using the www.MilwaukeeHappyHour.com web site (the "Web site") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms of Use.

Eligibility

You must be eighteen years of age or older to register as a “Member” of Milwaukee Happy Hour. If you are under the age of 18, you are not allowed to register and become a “Member” of Milwaukee Happy Hour or access some of the Milwaukee Happy Hour content.  Membership in the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Milwaukee Happy Hour may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time.

Member Conduct

You understand that the Service and the Web site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web site. In addition, you agree not to use the Service or the Web site to: upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;  intimidate or harass another;    use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.

Proprietary Rights in Content on the Web Sitee

All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Member Content Posted on the Web Site

You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Web site, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.

By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

You may remove your Member Content from the Web site at any time. If you choose to remove your Member Content, the license granted above may still apply.

Copyright Policy

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at info@milwaukeehappyhour.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Links to other websites

The Web site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.

Member Disputes

You are solely responsible for your interactions with other Milwaukee Happy Hour Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Privacy

We care about the privacy of our Members. Click here to view the Web site's Privacy Policy. By using the Web site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Milwaukee Happy Hour assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL MILWAUKEE HAPPY HOUR BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO MILWAUKEE HAPPY HOUR FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the Web site and/or the Service, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Milwaukee Happy Hour LLC or any of its affiliates.

Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in Milwaukee, Wisconsin, except that, to the extent you have in any manner violated or threaten to violate Milwaukee Happy Hour LLC or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Wisconsin.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Milwaukee Happy Hour LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use, altogether with the Privacy Policy and any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and Milwaukee Happy Hour regarding the use of the Web site and/or the Service, superseding any prior agreements between you and Milwaukee Happy Hour relating to your use of the Web site or the Service. The failure of Milwaukee Happy Hour to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 

Acceptance of Terms 

Milwaukee Happy Hour LLC provides a collection of online resources, including classified ads, and various email services, (referred to hereafter as "the Service") subject to the following this Terms of Use ("TERMS OF USE"). By using the Service in any way, you are agreeing to comply with the TERMS OF USE. In addition, when using particular Milwaukee Happy Hour LLC services, you agree to abide by any applicable posted guidelines for all Milwaukee Happy Hour LLC services, which may change from time to time. Should you object to any term or condition of the TERMS OF USE, any guidelines, or any subsequent modifications thereto or become dissatisfied with Milwaukee Happy Hour LLC in any way, your only recourse is to immediately discontinue use of Milwaukee Happy Hour. 

 

Modifications to this Agreement

 We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself informed of any changes. You can find the link to the most recent version of the TERMS OF USE on the bottom of: http://www.milwaukeehappyhour.com/  

 

Content 

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Milwaukee Happy Hour LLC does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Milwaukee Happy Hour LLC site and Content available through the Service may contain links to other websites, which are completely independent of Milwaukee Happy Hour LLC. Milwaukee Happy Hour LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Milwaukee Happy Hour LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Milwaukee Happy Hour LLC does not pre-screen or approve Content, but that Milwaukee Happy Hour LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TERMS OF USE or for any other reason.   

 

Third Party Content, Sites, and Services  

The Milwaukee Happy Hour site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Milwaukee Happy Hour, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Milwaukee Happy Hour shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Milwaukee Happy Hour is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Milwaukee Happy Hour, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.   

 

Notifications of Claims of Infringement 

 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Milwaukee Happy Hour's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at: info@MilwaukeeHappyHour.com  Please provide us with the following Notice:  a) Identify the material on the Milwaukee Happy Hour site that you claim is infringing, with enough detail so that we may locate it on the website;  b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;  c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;  d) Your address, telephone number, and email address; and  e) Your physical or electronic signature.  Milwaukee Happy Hour will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).  

 

Privacy and Information Disclosure   

Milwaukee Happy Hour has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:  http://www.milwaukeehappyhour.com/index.php?section=policy Your use of the Milwaukee Happy Hour website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Milwaukee Happy Hour may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TERMS OF USE; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Milwaukee Happy Hour, its users or the general public.   

 

Conduct  

You agree not to post, email, or otherwise make available Content:  a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;  b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;  c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;  d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);  e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.  f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.  g) that impersonates any person or entity, including, but not limited to, a Milwaukee Happy Hour employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);  h) that includes personal or identifying information about another person without that person's explicit consent;  i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";  j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;  k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;  l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Milwaukee Happy Hour sites which are not designated for such purposes; or emailed to Milwaukee Happy Hour users who have not indicated in writing that it is ok to contact them about other services, products, or interests.  m) that includes links to commercial services or web sites, except as allowed in "services";  n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Wisconsin law.  o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;  p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or  q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.  Additionally, you agree not to:  r) contact anyone who has asked not to be contacted;  s) "stalk" or otherwise harass anyone;  t) collect personal data about other users for commercial or unlawful purposes;  u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Milwaukee Happy Hour;  v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;  w) post the same item or service in more than one classified category;  x) attempt to gain unauthorized access to Milwaukee Happy Hour's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Milwaukee Happy Hour website; or  y) use any form of automated device or computer program that enables the submission of postings on Milwaukee Happy Hour without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.  

 

Posting Agents   

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Milwaukee Happy Hour's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Milwaukee Happy Hour. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Milwaukee Happy Hour.  

 

No Spam Policy

You understand and agree that sending unsolicited email advertisements to Milwaukee Happy Hour email addresses or through Milwaukee Happy Hour computer systems, which is expressly prohibited by these TERMS OF USE, will use or cause to be used servers located in North America. Any unauthorized use of Milwaukee Happy Hour computer systems is a violation of the TERMS OF USE and certain federal and state law. Such violations may subject the sender and his or her agents to civil and criminal penalties.   

 

Paid Postings

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TERMS OF USE. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TERMS OF USE.   

 

Limitations on Service  

You acknowledge that Milwaukee Happy Hour may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Milwaukee Happy Hour has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Milwaukee Happy Hour reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Milwaukee Happy Hour shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.   

 

Access to the Service  

Milwaukee Happy Hour grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Milwaukee Happy Hour. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.  Milwaukee Happy Hour permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TERMS OF USE, absent express permission granted by Milwaukee Happy Hour to do so. You may also create a hyperlink to the home page of Milwaukee Happy Hour sites so long as the link does not portray Milwaukee Happy Hour, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.  Use of the Service beyond the scope of authorized access granted to you by Milwaukee Happy Hour immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Milwaukee Happy Hour.   

 

Termination of Service  

You agree that Milwaukee Happy Hour, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Milwaukee Happy Hour believes that you have acted inconsistently with the letter or spirit of the TERMS OF USE. Further, you agree that Milwaukee Happy Hour shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TERMS OF USE.   

 

Proprietary Rights  

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Milwaukee Happy Hour. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Milwaukee Happy Hour, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.  Although Milwaukee Happy Hour does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Milwaukee Happy Hour an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Milwaukee Happy Hour all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.   

 

Disclaimer of Warranties  

YOU AGREE THAT USE OF THE MILWAUKEE HAPPY HOUR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MILWAUKEE HAPPY HOUR SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MILWAUKEE HAPPY HOUR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MILWAUKEE HAPPY HOUR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MILWAUKEE HAPPY HOUR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MILWAUKEE HAPPY HOUR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MILWAUKEE HAPPY HOUR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MILWAUKEE HAPPY HOUR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.   

 

Limitations of Liability  

UNDER NO CIRCUMSTANCES SHALL MILWAUKEE HAPPY HOUR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MILWAUKEE HAPPY HOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE, FROM INABILITY TO USE THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE OR ANY LINKS ON THE MILWAUKEE HAPPY HOUR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MILWAUKEE HAPPY HOUR SITE OR THE SERVICE OR ANY LINKS ON THE MILWAUKEE HAPPY HOUR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.   

 

Indemnity  

You agree to indemnify and hold Milwaukee Happy Hour, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TERMS OF USE, your breach of any of the representations and warranties herein, or your violation of any rights of another.   

 

General Information  

The TERMS OF USE constitute the entire agreement between you and Milwaukee Happy Hour and govern your use of the Service, superseding any prior agreements between you and Milwaukee Happy Hour. The TERMS OF USE and the relationship between you and Milwaukee Happy Hour shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You and Milwaukee Happy Hour agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Milwaukee, Wisconsin. The failure of Milwaukee Happy Hour to exercise or enforce any right or provision of the TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS OF USE remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.   

 

Violations of Terms and Liquidated Damages  

Please report any violations of the TERMS OF USE, by flagging the posting(s) for review, or by emailing to:  info@MilwaukeeHappyHour.com  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Milwaukee Happy Hour to pursue legal action to enforce the TERMS OF USE, you will be liable to pay Milwaukee Happy Hour the following amounts as liquidated damages, which you accept as reasonable estimates of Milwaukee Happy Hours' damages for the specified breaches of the TERMS OF USE:  a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Milwaukee Happy Hour one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.  b. If Milwaukee Happy Hour establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Milwaukee Happy Hour one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Milwaukee Happy Hour in excess of such limits, whichever is higher.  c. If you send unsolicited email advertisements to Milwaukee Happy Hour email addresses or through Milwaukee Happy Hour computer systems, you agree to pay Milwaukee Happy Hour twenty five dollars ($25) for each such email.  d. If you post Content in violation of the TERMS OF USE, other than as described above, you agree to pay Milwaukee Happy Hour one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Milwaukee Happy Hour may elect to issue a warning before assessing damages.  e. If you are a Posting Agent that uses the Service in violation of the TERMS OF USE, in addition to any liquidated damages under clause (d), you agree to pay Milwaukee Happy Hour one hundred dollars ($100) for each and every Item of Content posted in violation of the TERMS OF USE. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TERMS OF USE) agrees to pay Milwaukee Happy Hour an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TERMS OF USE.  f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TERMS OF USE without Milwaukee Happy Hour's express written permission, you agree to pay Milwaukee Happy Hour three thousand dollars ($3,000) for each day on which you engage in such conduct.  Otherwise, you agree to pay Milwaukee Happy Hour's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TERMS OF USE, Milwaukee Happy Hour retains the right to seek the remedy of specific performance of any term contained in the TERMS OF USE, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TERMS OF USE, or any combination thereof.   

 

Feedback 

We welcome your questions and comments on this document by e-mailing Milwaukee Happy Hour at: info@milwaukeehappyhour.com