EAT DRINK LUCKY, INC.
Effective as of September 17, 2014
IN ORDER TO USE THE SERVICE, YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS. YOU CAN ACCEPT THESE TERMS BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY US IN THE USER INTERFACE FOR ANY SERVICE; OR BY ACTUALLY USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT WE WILL TREAT YOUR USE OF THE SERVICE AS ACCEPTANCE OF THESE TERMS FROM THAT POINT ONWARDS.
Introduction. This “Terms of Service” (referred to below as this “TOS”) has been written to describe the conditions under which we make the Eat Drink Lucky service (the “Service”) available to you through email, websites and other communication channels associated with or identifying us (including for example Twitter messages by or mentioning us, or posting on our Facebook page) (“Our Social Media”). In this TOS, “we”, “us” and “our” means or refers to Eat Drink Lucky, Inc., a Delaware corporation, and/or our affiliates and subsidiaries, and “you” means the person using the Service. This TOS discusses important limitations about the way you may use and rely upon materials you find on the Service. Read this TOS carefully. By using the Service, you will be deemed to have accepted this TOS. If you do not accept this TOS or if your account has been terminated, you may not use the Service.
USE. We authorize you to use the Service only for your personal, non-commercial use. You agree not to use the Service in violation of our standards of conduct posted at www.eatdrinklucky.com/conduct as amended from time to time, in particular you agree not to use the Service in a manner that would cause you or us to violate any applicable local, state, national or international law, interfere with or disrupt the Service or take any steps to interfere with or in any manner compromise any security measures with respect to the Service or any data or file transmitted, processed or stored on or through the Service.
Registration and age Requirements. By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to legally agree to be bound by this TOS and you commit to abide by all of the terms and conditions in or referred to in this TOS. Because we provide information regarding alcoholic beverages, including beer, wine and spirits, the Service is not intended for users under 21 years of age. To subscribe to the Service, you are required to confirm that you are at least 21 years of age at the time you subscribe. You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your account, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of this TOS.
FEES. We do not currently charge our users to access and use the Service, however we may, at any point and in our discretion, elect to begin charging fees for use of various portions of the Service and/or for different levels of subscription or account. We will give you at least 30 days’ notice before commencing charging you to use the Service.
Content; Compliance with standards of conduct. The materials available through the Service (“Content”) are copyrighted and any unauthorized use of any Content may violate copyright, trademark, and other laws. We (or the third parties providing Content through the Service, which may be other users of the Service) retain all copyright and other proprietary rights in the Service or that Content. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use that Content for any public or commercial purpose, provided you may forward the Content you receive through the Service to your friends for their personal use.
Permission must be granted by us for any type of link to eatdrinklucky.com. To seek our permission, you may contact us at permissions@eatdrinklucky.com. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to our website, at our discretion at any time.
You may voluntarily contribute pictures and text (such as comments and photographs related to the Service or Content) and other items you provide for public display (each such contribution a “Submission”) through Our Social Media. We make no claim of ownership of these Submissions, but in providing Submissions to us through Our Social Media you grant us the non-exclusive, worldwide, perpetual and irrevocable right to use, distribute, reproduce, modify, adapt, translate, publish, publicly perform and publicly display such Submissions on or using the Service or other means of distribution or publication. You agree that this license includes a right for us to make such Submissions available to other companies, organizations or individuals with whom we have relationships for the provision of services by those companies, and to use such Content in connection with the provision of those services. You further agree that, in performing the required technical steps to provide the Service to our users, we may (a) transmit or distribute Submissions over various public networks and in various media; and (b) make such changes to Submissions as are necessary to conform and adapt those Submissions to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license and agree to indemnify and defend us against any claim to the contrary.
EDITORIAL. Our items and recommendations are selected by our staff. To the extent our Service includes advertising it will be labelled as such. We may, however, send out “sponsored communication” e-mails on behalf of sponsors from time to time. You’ll recognize them from the subject line, which will indicate that the email is a sponsored communication. Sponsored communication emails are paid for. When you sign up for the Service you are agreeing not only to get our Content delivered to you, but also to occasionally receive these sponsored communication e-mails on behalf of our sponsors. If you would prefer not to get these e-mails, just unsubscribe from the Service.
PRIVACY POLICY. We collect personally identifiable information from the users of the Service. Please refer to our privacy policy at www.eatdrinklucky.com/privacy for information on how we treat the information we gather about you.
linked sites; RELEASE. You may be able to link to third parties’ websites (“Linked Sites”) from our Content or website or websites of third parties. Linked Sites are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from our websites and/or introduce different features or links to different users.
In the event that you and a third party provider agree on the provision of their goods and services, such agreement is solely between you and the third party provider, even if you have been informed of the goods or services through the Service; we are not a party to any such agreement. Any issues concerning the goods or services received by you or payment due to the third party provider must be resolved directly by you and the third party provider. We will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Service, you do hereby represent, understand, and expressly agree to hold us harmless for any claim or controversy that may arise from any disputes between you or any third party providers or any other user(s) of the Service.
Disclaimers AND LIMITATION OF LIABILITY. THE SERVICE AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY US, DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICE OR THE CONTENT, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. Among other things, this means you are responsible for any consequences of forwarding offers for goods or services on to third parties.
copyright and trade mark policies. It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of our policy can be found at www.eatdrinklucky.com/dmca.
CHANGES TO THE SERVICE; TERMINATION OF THE SERVICE. Certain provisions of this TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Service. We may, at any time, modify the Service, or stop (permanently or temporarily) providing the Service (or any features within the Service) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of this TOS; or if the provision of the Service to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of Sections 1 and 3 through 14 shall continue in effect; termination shall not relieve you for liability for breach occurring prior to termination.
Amendment and Updating of this TOS; Electronic Signatures. We may desire to make changes to this TOS from time to time to update it, for example to add references to different products and services, or provide for payment for the use of the Service. We may specify amended or updated terms that apply to the use of Service after the effective date of such amendment or update, and we will make a new copy of this TOS available to you and may require you to accept it as a condition to the continued provision of the Service to you. In addition, the continued use of the Service after receipt of such amended terms shall constitute your agreement to such amended terms. Any modification, amendment, or waiver of any provision of this TOS shall also be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
General. We administer the Service from our offices in the State of Maine, USA. We make no representation that the Service is appropriate or available for use outside the United States, and access to the Service from territories where its content is illegal is prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This TOS will be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the United States District Court for the District of Maine, and any state courts located within such district, to resolve any legal matter arising from this TOS. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You shall not assign, transfer, sublicense nor pledge any of your rights in this TOS. We may assign, transfer, sublicense or pledge, in any manner, any of our rights in this TOS to a subsidiary, affiliate or successor thereof, or to a third party, without notifying you or receiving your consent.
Contacting Us. If you have any questions about this TOS, or our privacy practices, or the Service you may contact: customerservice@eatdrinklucky.com
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