Terms Of Service
TERMS AND CONDITIONS OF USE
Welcome to Bevbucks. The following terms and conditions govern your access to, and use of the Bevbucks website and mobile app (hereafter “Service” or “Services”) including any content, functionality, and services offered on or through the Service, whether as a guest or as a registered user (hereafter “Agreement”). Please read the following terms and conditions carefully before you start to use the Service, as they form the entire agreement between you (sometimes referred to herein as “You” or “Your” or “User”) and Bevbucks (the “BEVBUCKS,” or “we” or “us”). The Services are offered and are available to users who are 21 years of age and over and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a contract, purchase, possess, and/or consume alcohol, and meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements then discontinue use of the Services and leave now. When you purchase Deal through Bevbucks, or create a User Account (“Account”) with Bevbucks you agree to all of the terms and conditions of this Agreement. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR PURCHASE ANY DEALS FROM THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
1. Right to Use. Your right to use the Bevbucks Services is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.
2. Availability of Bevbucks Services. By using Bevbucks, you acknowledge that you are using a web and/or application-based platform, and that while Bevbucks takes every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. Bevbucks retains the right at its sole discretion to deny access to part or all of the Service to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Service may be interrupted, suspended, or terminated.
4. Creating an account. You may only create and hold one account and you are solely responsible for all uses of your Account. You must treat all passwords, user names, and the like as confidential and you must not disclose them to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services using your name, password, or any other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
a. Your Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these limitations we may terminate your Account in our discretion and without limitation. Should we terminate your account, you automatically forfeit any unredeemed Deals purchased through the Services, and you may not re-enroll or re-join under a new account unless invited to re-join by us. If you commit fraud or falsify information in connection with your use of the Services or in connection with your Bevbucks Account, your Account will be terminated immediately. We reserve the right to hold you liable for any and all damages that Bevbucks or our Partners may suffer, to pursue legal action through all available law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activities associated with you or with your use of the Services.
b. Cancellation By User. You may cancel your Account at any time by visiting http://www.bevbucks.com. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your membership as provided herein. You hereby acknowledge and agree that if you cancel your membership, the access associated with that membership will be removed.
5. Terms of Sale. Deals you purchase through the Service, or as part of your Account consist of the right to purchase goods from our Partners at a discount. These Deals are redeemable for goods (drinks, meals, or both) as specified on the individual Deal itself. Bevbucks promotes the Deal and accepts payment on behalf of its Partners. Bevbucks Partners (“Partners”) are solely responsible for the terms of the Deal, its content, and for redeeming the Deal. Partners are also solely responsible for all goods they provide, and for all injuries, illness, in full, or in part, directly or indirectly, that you may suffer as a result of these goods. Use of the Services waives and releases Bevbucks and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, and the like from any act or omission by the Partner or any of its affiliates in connection with the Deal or its redemption. By purchasing a Deal, you agree specifically to the following terms of sale, as well as to any specific terms presented at the time of purchase of a particular Deal.
a. There are two values involved in purchasing any Bevbucks Deal. Those are the Paid Value, and the Deal Value. The Paid Value (“Paid Value,” “PV”) is the cost to purchase the Deal itself. The Deal Value (“Deal Value,” “DV”) is the value of goods the Partner offers when you redeem the Deal in a timely manner. Where required by law, the PV will not expire. The DV will expire on the date specified on the Deal. For example, if you pay $50 for a Deal that represents $100 of goods from a Partner, the Deal Value is $100, and the Paid Value is $50. Upon completion of the purchase of a Deal through Bevbucks, you will be issued a computer-printable or electronic certificate (“Deal Certificate”) which you may then present to the Bevbucks Partner who offered the Deal for redemption of the offered goods.
b. Refund. When specified on the Deal, Bevbucks will automatically refund the PV for those Deals which have not been used, accepted, or otherwise redeemed for goods by the issuing Partner. Bevbucks will refund the PV back to the credit or debit card account originally used to purchase the Deal. Such refund will take place at midnight on the final day of the period stated on the Deal, or as listed on the Deal itself, or at any other time as required by law.
c. Partner Refusal. If a Partner refuses to honor any Deal, Bevbucks will refund the PV as described above. Deals are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of or in Deals or Deal Certificates is prohibited. In the event that a Partner refuses to honor a Deal Certificate, you must notify us immediately.
7. Intellectual Property. You acknowledge that Bevbucks owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Services, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or created as part of this agreement shall inure to the benefit of Bevbucks only. Except as may be expressly granted herein, and necessary for your use of the Services, Bevbucks grants you no right, license, title, or interest in or to any of Bevbucks Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of Bevbucks Intellectual Property. Bevbucks reserves all rights not specifically granted.
The following uses of Bevbucks Intellectual Property are permitted:
a. Personal computing/mobile devices on which you use the Services are permitted to make temporary copies of the Service as stored in the RAM of such devices incidental to the use and access of the Services;
b. You may store files that are automatically cached in your internet browser or mobile device for display enhancement purposes;
c. You may print copies of Deal Certificates for use or display at the Partner reflected on the Deal Certificate for redemption purposes only; and
d. You may download a single copy of the Bevbucks mobile application, and download any updates thereto solely for your personal, non-commercial use, provided you agree to remain bound by these and any other relevant terms of service relating to those applications.
8. Proprietary Information. The Services contain information which is proprietary to us. We assert full copyright protection in the Services. Any information shared or posted by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of this Services, and all parts of the Services, regardless of their name, are service marks of or under license to Bevbucks. No use of these marks shall be permitted except through the prior written authorization and permission of Bevbucks or the licensor of the mark. All rights not expressly granted herein are reserved.
9. Copyright Policy and DMCA. Bevbucks obtains Deals solely from its Partners, from whom you redeem the Deal. Bevbucks relies on its Partners to provide content which is free from infringement of any and all Intellectual Property rights, including copyright, trademark, patent, trade secret, or other rights. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. 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 provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a screenshot and description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Please send the above information to the following address: firstname.lastname@example.org
10. Unsolicited Ideas. Bevbucks does not accept unsolicited ideas for the Service or business practices from users, nor do we review such submissions. Any such submissions, once submitted, will become property of Bevbucks upon submission.
11. User Warranties. By purchasing a Deal through Bevbucks, and/or creating an Account as part of Bevbucks Services, you warrant and agree that you are: (a) 21 years of age and possess the authority to create a binding legal obligation, and are not impaired in this ability; (b) that all the information you provide to Bevbucks is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the Service will always comply with the terms of this Agreement, and your account will be for personal use only; (d) you will only make purchases that comply with the letter and spirit of the Deals; (e) you will only purchase Deals for yourself or when available, as a gift for someone else; and (f) you will remain responsible for all uses of your account, safeguard your password, and supervise the use of your Account.
12. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, PRODUCT, OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BEVBUCKS EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS, AND ALL SERVICES PROVIDED BY BEVBUCKS IS BORNE EXCLUSIVELY BY YOU. BEVBUCKS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BEVBUCKS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SHOULD THE SERVICE, IN ALL OF ITS FORMS PROVIDED BY BEVBUCKS, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT BEVBUCKS, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL BEVBUCKS, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER PARTNERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS, OR PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT BEVBUCKS MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS TWELVE (12) MONTHS FROM THE DATE OF THE BREACH.
14. Jurisdiction/Disputes/Choice of Law. This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Delaware, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of Delaware for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Delaware. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
16. Affirmation of Agreement. You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to purchase a Deal through Service and for any other charges which you may incur for goods or services ordered at or in association with the Service.