Terms and conditions
Date: September 17, 2018
The Beerbet, Inc. (“Beerbet,” “we” or “us”) provides a mobile application called “Beerbet” (the «Application»), which gives users discounts on food and beverage items from participating sports bars if users guess correctly outcomes of particular sports events being contemporaneously broadcast at the participating sports bar.
These Terms of Service (collectively, the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of, and access to, the Application. The Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Application. By downloading, installing, accessing or using the Application you agree to be bound by these Terms. By accepting these Terms, you represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. You acknowledge and agree that we may, from time to time and in our sole discretion, issue updates or upgrades, or other amendments, to the Application and that these Terms will govern any such updates, upgrades and amendments.
Revisions, changes, and updates
We may change or update the Application and these Terms, without notice to you. We may also make improvements and/or changes to the Application or add new features at any time without notice. We encourage you to periodically read these Terms to see if there have been any changes to our policies that may affect you. Your continued use of the Application will signify your continued agreement to these Terms as they may be revised.
In order to access and use the Application, you must create an account, by registering with the Application, utilizing your electronic mail or Facebook account credentials (the “Customer Account”).
The Application determines a logged-in (via the User Account) user’s geo-location, and then shows him or her a list of sports bars nearby, which are showing sports events at that point of time. A user then chooses the nearest bar (or the bar where user’s favorite game is broadcast), chooses the game from the bar’s selection of games being broadcast, and then makes a prediction regarding the outcome of the game at half-time, end of first period, quarter, or at the end; provided, that at the time of making the prediction, a user has to be either at the bar at issue, or within its vicinity. There are 3 options for the outcome prediction — home team wins, draw, away team wins. A user is allowed to make only one prediction for any particular sporting event.
You agree not to:
Reproduce the Application or any part thereof in any form or by any means;
Copy or modify, or create derivative works of the Application or any part thereof;
Sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Application to any third party;
Exploit the Application in any unauthorized manner whatsoever, including without limitation, by trespass or burdening network capacity;
Disassemble, decompile, reverse engineer, or attempt to derive the source code of the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
Scrape, build databases or otherwise create permanent copies of any content derived from the Application; and
Use the Application Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
To comply with any technical restrictions in the Application that allow you to use the Application only in certain ways;
That Beerbet may collect and use comments, feedback, suggestions, and other information provided by user, if any, related to the Application and may use this information to improve and develop the Application.
The Application does not provide sports betting or gambling services, and your use of the Application does not qualify as gambling.
Any reference in this Application to any business, entity, organization or person does not constitute or imply the endorsement, recommendation, or favoring of any such business, organizations or person by Beerbet.
Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on the Application, we make no guarantees as to its correctness, completeness, or accuracy. The Application may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Web site by third parties without our knowledge. If you believe that information found or available through the Application is inaccurate or unauthorized, please inform us by contacting us at firstname.lastname@example.org.
Use by minors
The use of the Application is prohibited to anyone who is not of legal drinking age of the jurisdiction in which the user is located.
THE APPLICATION IS OFFERED ON AN AS-IS BASIS. BEERBET MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE, OR SUITABILITY; ANY WARRANTY RELATING TO ANY THIRD-PARTY PRODUCTS OR THIRD-PARTY SERVICES; ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING THE INDOOR POSITIONING SERVICE; OR ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE INDOOR POSITIONING SERVICE OR THE RESULTS OF ANY RECOMMENDATION WE MAY MAKE. BEERBET DOES NOT WARRANT THAT THE APPLICATION MEETS USER’S REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of liability; choice of law
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, BEERBET, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, AND OTHER AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR REASONABLE CARE, PERSONAL INJURY OR WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE APPLICATION, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE INDOOR POSITIONING SERVICE, OR FROM ANY FAULT OR ERROR MADE BY BEERBET’S STAFF, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, REGARDLESS OF WHETHER BEERBET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, OR OTHER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF BEERBET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PROVIDERS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES, AND OTHER AFFILIATES FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, UNDER ANY THEORY OF LIABILITY, EXCEED $100. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
These Terms will commence when you first download the Application and will continue until terminated. You may terminate these Terms, with or without cause, at any time by sending written (via email) notice to email@example.com or by submitting your termination notice through the User Account. We may terminate these Terms or any User Account, with or without cause, in our sole discretion, at any time. Your rights under these Terms will terminate immediately and automatically without notice from Beerbet if you fail to comply with any of the terms and conditions of these Terms. Upon termination of these Terms, (a) any rights and licenses granted to you in these Terms will automatically terminate, and you must immediately cease all use of the Application.
As between user and Beerbet, Beerbet shall retain: (a) all right, title, and interest in and to the Application, whether or not specifically recognized or perfected under applicable law, and all legally protectable elements, derivative works, modifications and enhancements thereto; and (b) all intellectual peroprty rights of any kind in the Application.
The headings in these Terms are for convenience of reference only and shall not in any way limit or affect the meaning or interpretation of the provisions of these Terms.
User may not assign or transfer its rights or obligations under these Terms without the prior written consent of Beerbet. Beerbet may assign any its rights or obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or change of control or ownership.
No failure to exercise or delay in exercising any right, power or privilege vested in any party under these Terms shall operate as a waiver of that party’s right to do so.
In the event that any provision of these Terms is found to be unenforceable or illegal the remaining provisions shall continue to be in full force and effect and the unenforceable provisions shall be deemed to be amended to such extent as is necessary to make them binding and enforceable on the parties.
These Terms constitute the entire agreement among the parties with respect to the subject matter hereof and shall supersede all prior agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter hereof. These Terms are not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.
All notices, demands or other communications to or upon the parties hereto, shall be deemed to have been duly given or made when delivered by mail, e-mail or facsimile letter to the contact person of the other party.
Governing Law and Resolution of Disputes
These Terms shall be governed by and construed in accordance with the laws of State of New York, without regard to conflicts of laws rules and principles thereof. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration administered by JAMS in accordance with the Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The seat of arbitration shall be New York, New York.
Nothing contained in these Terms shall deny either party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm and such an action may be filed and maintained notwithstanding any ongoing arbitration proceeding.
BOTH PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS.