Terms and Conditions
1. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.
2. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS HOSTED IN THE UNITED STATES. IF YOU USE THIS SITE FROM OTHER LOCATIONS: (A) YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS; (B) YOU ARE VOLUNTARILY TRANSFERRING ANY INFORMATION SUBMITTED VIA THIS SITE, INCLUDING ANY PERSONAL INFORMATION TO THE UNITED STATES; (C) YOU CONSENT TO THE APPLICATION OF THE LAWS OF THE UNITED STATES AND/OR THE STATE OF FLORIDA WITH RESPECT TO ANY DISPUTE ARISING FROM OR RELATED TO YOUR USE OF THE SITE, OTHER THAN SUCH RULES, REGULATIONS, CASE LAW, AND/OR INTERNATIONAL TREATIES THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF A JURISDICTION OTHER THAN THE UNITED STATES OR THE STATE OF FLORIDA, AND (D) YOU SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF MISSOURI OR THE UNITED STATES COURTS LOCATED IN FLORIDA. 904 HAPPY HOUR MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
3. This site may permit you to upload and store certain content, photos, stories, opinions and/or other online materials ("Content"). By submitting Content to this site, you: (a) direct us to store your Content on our servers and systems, and (b) grant 904 Happy Hour an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Content for any purpose whatsoever, including but not limited to incorporating the submission into content copyrighted by 904 Happy Hour whether or not such 904 Happy Hour content is commercial in nature; and (c) represent and warrant that you will not submit any of the following types of Content ("Prohibited Submissions"):
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose 904 Happy Hour or its affiliates or its users to any harm or liability of any type.
4. Except for your Content, as between you and us, 904 Happy Hour is the copyright owner of all content displayed via this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without 904 Happy Hour's express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates 904 Happy Hour's legal rights.
5. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THIS SITE OR ITS TERMS AND CONDITIONS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THIS SITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST 904 HAPPY HOURAND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF 904 HAPPY HOUR AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
6.904 HAPPY HOUR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. ALL CONTENT INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN 904 HAPPY HOUR HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. ADDITIONALLY, 904 HAPPYHOUR DOES NOT MAKE ANY WARRANTIES THAT THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THIS SITE WILL MEET YOUR EXPECTATIONS.904 HAPPYHOUR DOES NOT ENDORSE, APPROVE OR PROMOTE ANY PRODUCT OR SERVICE DISPLAYED ON THIS SITE, WHETHER BY YOU, A THIRD PARTY ADVERTISER OR ANY USER OF THIS SITE. 904 HAPPYHOUR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. If you direct us to store Content on our networks, systems or servers and/or otherwise make Content available via this site, you agree and acknowledge that (a) we do not edit, review, select, censor or otherwise control the publication of your Content, (b) all Content is published by you and resides on systems, networks, or servers at your sole direction, (c) you are solely responsible for any Content uploaded, stored, published, or otherwise copied, distributed or displayed at your direction, and (d) we do not guarantee any confidentiality with respect to any Content. Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act ("DMCA") and Section 230 of the Communications Decency Act, we reserve the right, but not the obligation, in our sole discretion, to refuse, remove or delete any Content at any time and for any reason.
8. 904 Happy Hour takes your privacy very seriously. Our Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of this site. Please read and understand our Privacy Policy before accessing our using this site.
9. You acknowledge and agree that any communication or material you transmit to this site or 904 Happy Hour, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to 904 Happy Hour may be used by 904 Happy Hour anywhere, anytime, and for any reason whatsoever. This site is not an archive and 904 Happy Hour shall have no liability to you or any other person for loss, damage, or destruction of any Content or any other information submitted to or via this site. You shall be solely responsible for maintaining independent archival and backup copies of any Content you submit.
10. 904 Happy Hour is committed to respecting and protecting the legal rights of copyright owners. As such, 904 Happy Hour adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (a) be provided to 904 Happy Hours designated agent, ("Copyright Agent"), as set forth below, and (b) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices can be reached at [email protected].. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on this site. You acknowledge that in order for 904 Happy Hour to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
11. You acknowledge and agree that any name, logo, trademark, or servicemark contained on this site is owned or licensed by 904 Happy Hour and may not be used by you without prior written approval. 904 Happy Hour will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of 904 Happy Hour or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
12. Although this site may be linked to other sites, 904 Happy Hour is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that 904 Happy Hour has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
13. 904 Happy Hour reserves the right to make changes, at any time, or without notice or obligation, to any of the information contained on this site. In addition, we may from time to time, revise these Terms and Conditions or our Privacy Policy. Your use of this site following the posting of any revised Terms and Conditions or Privacy Policy shall be deemed acceptance of the revised Terms and Conditions orPrivacy Policy, so we strongly recommend that you check back periodically.
14. Framing, in-line linking or other methods of association with this site are expressly prohibited without prior written approval from 904 HAPPYHOUR. Failure by 904 Happy Hour to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Sponsor: 904 Happy Hour
16. "904 Happy Hour", "904 Events" "904 Branding", "904 Fernandina", "904 St Augustine", "904 Jacksonville" & "904 Live" are trademarks of 904 Happy Hour Corp. The content and material found on this website is protected under U.S. Copyright Law. Any un-authorized use of these names and marks or un-authorized reproduction of the content found on this website is subject to penalty under Florida and US law.