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Terms of Use and Privacy Policy

Terms of Service and Privacy Policy

BarZ Adventures Inc. Terms of Service

By accepting the Terms of Service, you agree to the following terms for use of the Bar-Z Full Digital Platform.
The Terms of Service contained herein have been fully agreed to by Your organization in the BarZ Adventures Inc.
Master Subscription Agreement and Terms of Service.

  1. DEFINITIONS

    • "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under
      common control with the subject entity. "Control," for purposes of this definition, means direct or
      indirect ownership or control of more than 50% of the voting interests of the subject entity.
    • "Bar-Z Full Digital Platform" means the suite of Bar-Z software that provides its content management
      system and the Bar-Z web, mobile web and smartphone app build system for the development and
      deployment of Bar-Z Full Web-sites, Mobile Websites and Smartphone Applications for Smartphone
      platforms through the Smartphone application stores.
    • "Content Elements" means all electronic data including, but not limited to graphical elements,
      video recordings, audio recordings, images, text descriptions submitted to the Software Services.
    • "Development & Design Services" means the Services provided by Bar-Z staff that specific to You and
      Your organization that require Bar-Z staff to edit, modify or create programming or create graphic
      design or UI design and are ordered by You under an Order Form and/or statement of work.
    • "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious
      code, files, scripts, agents or programs.
    • "Mobile Web-site" means the mobile optimized web-site provided to end-users for using the Bar-Z
      Full Digital Platform.
    • "Order Form" means the ordering documents for purchases hereunder, including addenda thereto,
      that are entered into between You and Bar-Z from time to time. Order Forms include any form
      designated by the words Order Form and included but are not limited to initial, change, renewal,
      updated and Services Order Forms and a statement of work for Development Services. Order Forms
      shall be deemed incorporated herein by reference.
    • "Software Services" means the online, Web-based platform central repository and content management
      system for both the Bar-Z Full Digital Platform and/or GoExplore Smartphone App Platform for all
      content and experience formulation including POI markers on map, uploading media content and
      auxiliary POI information, Web-sites, Mobile web-sites and Smartphone Applications provided by
      Bar-Z’s Bar-Z Full Digital Platform via http:You.bar-z.com and/or other designated web-sites and
      GoExplore Smartphone App Platform via http://Bar-Zmedia.com, http://goexploremediaserver.com and/or
      other designated websites, as described in the User Guide and/or Content Elements provided by Bar-Z
      staff that are ordered by You under an Order Form, but excluding Third Party Applications.
    • "Services" means Software Services, Development Services and Design Services that You or Your
      Affiliates purchase under an Order Form.
    • "Smartphone Application" means a software application that operates on a specific Smartphone
      operating system such as the iOS and Android operating systems. The Smartphone Application is
      developed under the specifications of the Smartphone operating systems and launched from the
      specific application store that is hosted by the Smartphone operating system organization.
    • "Third-Party Applications" means online, Web-based applications, Smartphone Application stores and
      online data storage service products that are provided by third parties, and which interoperate
      with the Software Services and/or Development Services. Third-Party Applications include but are
      not limited to Google® Maps, iTunes Store, Google Play Store, Flurry Analytics, Google Analytics,
      Ad Mob, Google DFP and Amazon Web Services™.
    • "User Guide" means the online user guide, the online tooltips, publishing guides and other guides
      for the Services, accessible via http:You.bar-z.com, http://Bar-Zmedia.com,
      http://goexploremediaserver.com and/or other designated websites and/or other delivery methods such
      as email, FTP, DropBox which may be updated from time to time. You acknowledge that You have had
      the opportunity to review the User Guide during the term of Your subscription.
    • "Users" means individuals who are authorized by You to use the Software Services under subscription
      by You, and who have been supplied user identifications and passwords by You (or by Bar-Z at Your
      request). Users may include but are not limited to Your employees, consultants, contractors and
      agents; or third parties with which You transact business.
    • "We", "Bar-Z" or "Our" means BarZ Adventures Inc, a Texas Corporation, doing business as Bar-Z
      Mobile Development, is the owner of certain technology referred to as Services, Software Services,
      Development Services, Bar-Z Full Digital Platform and/or GoExplore Smartphone App Platform and is
      located at 3811 Bee Caves Road, Suite 209, Austin, Texas and as further described in the Master
      Subscription Agreement & Terms of Service Section 14 (Arbitration, Notices, Governing Law and
      Jurisdiction).
    • "Web-site" means the web-site provided to end-users and developed by using the Bar-Z Full Digital
      Platform.
    • "You" or "Your" means the company or other legal entity for which you are accepting this Agreement
      and Affiliates of that company or entity.
    • "Your Content Elements" means all electronic data including, but not limited to graphical elements,
      video recordings, audio recordings, images, text descriptions
  2. Software Services & Use of the Software Services

    1. Provision of Software Services. We shall make the Software Services available to You, Your
      Affiliates and Your Users pursuant to this Agreement and the relevant Order Forms during a
      subscription term. You agree that Your subscriptions hereunder are neither contingent on the
      delivery of any future functionality or features nor dependent on any oral or written public
      comments made by Bar-Z regarding future functionality or features.
    2. Software License Grant and Software Services. Provided that You fully comply with this agreement
      and other terms of use regarding the Bar-Z Full Digital Platform and/or GoExplore Smartphone App
      Platform, Bar-Z hereby grants to You, Your Affiliates and Your Users, a nonexclusive, limited,
      non-transferable right and license to the Software Services. The Software Services are represented
      by the current feature sets as set forth in the Bar-Z Full Digital Platform and/or GoExplore
      Smartphone App Platform Feature Set and be updated periodically for additional features and
      Smartphone platforms.
    3. Your Responsibilities. You shall (i) be responsible for Users’ compliance with this Agreement,
      (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Content
      Elements and of the means by which You acquired Your Content Elements, (iii) use commercially
      reasonable efforts to prevent unauthorized access to or use of the Software Services, and notify
      Bar-Z promptly of any such unauthorized access or use, and (iv) use the Software Services only in
      accordance with the User Guide and applicable laws and government regulations. You shall not (a)
      make the Software Services available to anyone other than Users, (b) sell, resell, rent or lease
      the Software Services, (c) use the Software Services to store or transmit infringing, libelous, or
      otherwise unlawful or tortuous material, or to store or transmit material in violation of
      third-party privacy rights, (d) use the Software Services to store or transmit Malicious Code, (e)
      interfere with or disrupt the integrity or performance of the Software Services or third-party data
      contained therein, or (f) attempt to gain unauthorized access to the Software Services or their
      related systems or networks.
    4. Service Limitations. Software Services may be subject to other limitations, such as, for example,
      limits on points of interest, hosting services, disk storage space, updates requested by You and
      access to Software Services such as responsive design web-site and native iPad implementation,
      automated data intake and other Development Services and, for any Software Services that enable You
      to provide Content Elements. Any such limitations are specified in Your Order Form and/or the User
      Guide. Provisions for adjusting limitations are allowed and associated fees are set in Your Order
      Form or provided upon request depending on the type of limitation.
  3. THIRD-PARTY APPLICATIONS

    1. Third-Party Applications and Services. Third-Party Applications interoperate with the Software
      Services in the Bar-Z Full Digital Platform and/or GoExplore Smartphone App Platform in order to
      provide Services in the Software. Not all Third-Party Applications are required for all Services.
      Bar-Z maintains service agreements with each of the Third-Party Application providers. Bar-Z is in
      compliance with and agrees to the terms and conditions of use for each Third-Party Application and
      by extension, You agree to those terms and conditions. The Third-Party Applications include but are
      not limited to Google® Maps, iTunes Store, Google Play Store, Flurry Analytics, Google Analytics,
      Ad Mob, Google DFP and Amazon Web Services™. No purchase of third-party products or services is
      required to use the Services unless specific to a Development Service that You have agreed to in a
      Development Services agreement ( the Master Subscription Agreement & Terms of Service Section 5.6).
      As of the effective date of this Agreement, there are no third-party products or services integrated
      in the Services that require purchase.
    2. Third-Party Applications and Your Content Elements. You acknowledge that We allow those Third-Party
      Applications to access Your Content Elements as required for the interoperation of such Third-Party
      Applications with the Services. We maintain service agreements with each of the Third Party
      Application providers and to extent of those agreements allow, the Third-Party Application providers
      will not disclose, modify or delete Your Content Elements. We shall not be responsible for any
      disclosure, modification or deletion of Your Content Elements resulting from any such access by
      Third-Party Application.
  4. PROPRIETARY RIGHTS

    1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all
      rights, title and interest in and to the Services ( other than Design Services considered a work
      for hire), including all related intellectual property rights. No rights are granted to You
      hereunder other than as expressly set forth herein.
    2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted
      herein or in an Order Form, (ii) create derivate works based on the Services, (iii) copy, frame or
      mirror any part or content of the Services, other than Design Services considered a work for hire,
      copying or framing on Your own intranets or otherwise for Your own internal business purposes,
      (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive
      product or service, or (b) copy any features, functions or graphics of the Services (other than
      Design Services considered a work for hire).
    3. Ownership of Your Content Elements and other Intellectual Property Rights. As between Bar-Z and You,
      You exclusively own all rights, title and interest in and to all of Your Content Elements,
      trademarks, Design Services contracted as a work for hire and End User Data. No license to
      distribute Your Content Elements, trademarks, Design Services or End User Data is granted to Us,
      except as necessary to perform our obligations under this Agreement. For purposes of this Agreement,
      if You incorporate Contents Element from a third party source, You shall adhere to any restrictions
      of rights thereto by the third party source, and shall recognize the ownership rights of the third
      party source.
    4. Suggestions. We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable,
      perpetual license to use or incorporate into the Services any suggestions, enhancement requests,
      recommendations or other feedback provided by You, including Users, relating to the operation of the
      Services.
  5. CONFIDENTIALITY

    1. Definition of Confidential Information. As used herein, "Confidential Information" means all
      confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving
      Party
      "), whether orally or in writing, that is designated as confidential or that reasonably should
      be understood to be confidential given the nature of the information and the circumstances of
      disclosure. Your Confidential Information shall include Your Content Elements; Our Confidential
      Information shall include the Software Services and Development Services; and Confidential
      Information of each party shall include the terms and conditions of this Agreement and all Order
      Forms, as well as business and marketing plans, technology and technical information, product plans
      and designs, and business processes disclosed by such party. However, Confidential Information
      (other than Your Content Elements and Design Services considered a work for hire) shall not include
      any information that (i) is or becomes generally known to the public without breach of any
      obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its
      disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,
      (iii) is received from a third party without breach of any obligation owed to the Disclosing Party,
      or (iv) was independently developed by the Receiving Party.
    2. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing
      Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the
      confidentiality of its own confidential information of like kind (but in no event less than
      reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for
      any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to
      Confidential Information of the Disclosing Party to those of its employees, contractors and agents
      who need such access for purposes consistent with this Agreement and who have signed confidentiality
      agreements with the Receiving Party containing protections no less stringent than those herein.
    3. Protection of Your Content Elements. Without limiting the above, We shall maintain appropriate
      administrative, physical, and technical safeguards for protection of the security, confidentiality
      and integrity of Your Content Elements. We shall not (a) modify Your Content Elements, (b) disclose
      Your Content Elements except as compelled by law in accordance with the Master Subscription
      Agreement & Terms of Service Section 9.4 (Compelled Disclosure) or as expressly permitted in writing
      by You, or (c) access Your Content Elements except to provide the Services or prevent or address
      service or technical problems, or at Your request in connection with customer support matters.
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