The iBuyYouADrink.com
website is operated by I Buy You A Drink Inc. (“IBYAD”). The names “iBuyYouADrink.com” and “I Buy You A
Drink Inc.” and “IBYAD” are used interchangeably throughout these terms and
conditions. “iBuyYouADrink.com” refers
to the iBuyYouADrink.com domain name in whole, inclusive of any and all domain
prefix (e.g. “www”) or sub-domain associated with iBuyYouADrink.com.
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of
this website constitutes your agreement to follow these rules and to be bound
by them. If you do not agree with any of these Terms and Conditions, do not use
the IBuyYouADrink.com website.
These Terms and Conditions May Change
iBuyYouADrink.com reserves the right to update or modify these Terms and
Conditions at any time without prior notice. Your use of this website following
any such change constitutes your agreement to follow and be bound by the Terms
and Conditions as changed. For this reason, we encourage you to review these
Terms and Conditions whenever you use this website.
Copyright Notice
All of the Content you see and hear on the IBuyYouADrink.com website,
including, for example, all of the page headers, images, illustrations,
graphics, audio clips, video clips and text, are subject to trademark, service
mark, trade dress, copyright and/or other intellectual property rights or
licenses held by IBuyYouADrink.com, one of its affiliates or by third parties
who have licensed their materials to IBuyYouADrink.com. The iBuyYouADrink.com
logo(s) are registered trademark of I Buy You A Drink Inc. The entire Content of this website is
copyrighted as a collective work under U.S. copyright laws.
The Content of this website, and the site as a whole, is intended solely for
personal, noncommercial use by the users of this site. You may download, print
and store selected portions of the Content, provided you (1) only use these
copies of the Content for your own personal, non–commercial use, (2) do not
copy or post the Content on any network computer or broadcast the Content in
any media, and (3) do not modify or alter the Content in any way, or delete or
change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you
as a result of any such downloading. iBuyYouADrink.com reserves complete title
and full intellectual property rights in any Content you download from this
website.
Except as noted above, you may not copy, download, reproduce, modify, publish,
distribute, transmit, transfer or create derivative works from the Content
without first obtaining written permission from iBuyYouADrink.com.
Submissions
We welcome your comments regarding this website. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") sent to iBuyYouADrink.com shall be and
remain the exclusive property of iBuyYouADrink.com. Your submission of any such
Comments shall constitute an assignment to iBuyYouADrink.com of all worldwide
rights, titles and interests in all copyrights and other intellectual property
rights in the Comments. iBuyYouADrink.com will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any purpose
whatsoever, without restriction and without compensating you in any way. For
this reason, we ask that you not send us any comments that you do not wish to
assign to us, including any confidential information or any original creative
materials such as stories, product ideas, computer code or original artwork.
User Submitted Content (including, but not limited to, text, photos, or audio
and/or video submitted in connection with Gift, Gift Certificates, Invitations,
Cards, messages forwarded to others, instant messaging services or published
comments on the website)
The iBuyYouADrink.com message services available to our guests, subscribers,
affiliates and customers are subject to the following guidelines. Out of
respect for all of our visitors, we ask that you do not use obscene, profane or
threatening language in messages. In addition, we ask that you do not submit or
post photos, videos or other media that include obscene, profane or threatening
images. Examples of the kinds of conduct or content that are prohibited in user
submitted content include:
- The transmission of any content that could violate,
or could facilitate the violation of, any applicable law, regulation or I
Buy You A Drink Inc rule or policy.
- The transmission of any content that is profane,
libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable.
- The impersonation of any person or entity in any part
of a gift message.
You are solely responsible for the content of any messages and/or images you
submit and IBuyYouADrink.com assumes no liability for any content submitted by
you. We may, but are not obligated to, restrict or remove any and all content
from a message that we determine in our sole discretion violates these
guidelines or is otherwise harmful to us, other IBuyYouADrink.com guests or any
third party. IBuyYouADrink.com reserves the right to purge the content you
provide after 30 days from creation.
Any content you submit is for non-commercial use only. You must provide your
actual e-mail address in order to send your content. Any content you submit
will be routed through the Internet and you understand and acknowledge that you
have no expectation of privacy with regard to any content you submit.
IBYAD E-Mail Policy
By
visiting www.iBuyYouADrink.com or iBuyYouADrink.com, you have chosen to
communicate with IBYAD electronically and you agree to receive electronic or
other communication from IBYAD. You may
elect not to receive email communications by providing IBYAD with written
notice of your request with 30 days prior notice.
Privacy Policy
IBYAD
respects your privacy. Except in the
case of purchase confirmation and certificate notification to recipients of
purchased gifts you will not be targeted for solicitation through email from
IBYAD without your prior request to join any mailing list subscription which
may be offered at this site.
Further,
IBYAD does not provide any information to affiliates, merchants, service
providers or other users of IBYAD with the intention of allowing unsolicited
communication to you from any party associated with IBYAD.
correction
of errors and inaccuracies; limitations on quantity; returns; risk of loss
The information on this website may contain typographical errors or
inaccuracies and may not be complete or current. We therefore reserve the right
to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order). Please note that such errors, inaccuracies or omissions
may relate to product description and availability. We apologize for any
inconvenience this may cause you.
Partners, Advertisers, Merchants,
Affiliates
Your
participation, correspondence and other dealings as a customer, merchant or
affiliate of any sort with any third party by which you are engaged as result
of using this website are between you and the third party. IBYAD implies no warranty for goods or
services provided by any affiliate or for consumer dealings with affiliates or
other users of said affiliate services.
IBYAD
implies no warranty to any partner, merchant or affiliate with regard to any
interaction between affiliates and users of this website.
RETURNS, REFUNDS, CREDITS
If you are
not fully satisfied with your purchase you may request a refund within 72 hours
provided (1) the purchase is for a Open
Tab Certificate of monetary value which has not yet been assigned to a specific
merchant (2) the certificate has not been redeemed in whole or in part. Any such refunds will be granted and credited
to your account for future use. Additional
restrictions may apply. The risk of loss and title to items purchased from IBuyYouADrink.com
pass to the recipient upon delivery.
MONETARY CLAIM FOR UNUSED
CERTIFICATES
It is the
policy of I Buy You a Drink Inc. to allow monetary redemption of gift
certificates in the event the recipient is unable or uninterested in redeeming
a certificate for cash value at an authorized merchant establishment. Provided the monetary claim for unused
certificates relates to (a) an Open Tab which has not been assigned in whole or
in part to any merchant (b) the original Open Tab monetary value has not been
assigned to any merchant in whole or in part, two methods of claim for monetary
value are available as such ; (1) The certificate may be transferred in full
for account credit and thereby used as tender for purchasing a certificate for
another person (2) the certificate amount may be redeemed for cash value via Pay
Pal service. I Buy You A Drink Inc. may
charge a transaction fee for Monetary Claim options. Additional Pay Pal fees may apply in the
event of Pay Pal redemption and payment of such fees are the sole
responsibility of the certificate holder.
GIFT
CERTIFICATES
All Gift Certificates, electronic greeting cards, or other certificates are
deemed purchased in and issued from the State of New York. The risk of loss and title to such items pass to the purchaser upon our
electronic transmission to the recipient or delivery to the carrier, whichever
is applicable.
DISCLAIMERS
–– GENERAL
This site is provided by IBYAD on an “As Is:” and “As Available” basis. IBYAD makes no representation or warranties
of any kind, expressed or implied, as to the operation of this site or the
information, content, materials or products included on this site. You expressly agree that your use of this
site is at your sole risk. IBYAD is
without liability.
IBYAD does
not warrant that this web site, host service provider servers, email services
or email sent from IBYAD are free from viruses or other harmful computing
components. IBYAD will not be liable for
any damages arising from the use this site or gift certificates generated from
purchases through this site including but not limited to direct, indirect,
incidental, punitive or consequential damages to visitors, purchasers,
recipients, redeemers or merchants or service providers of products and/or services
available at this site.
Note that
some state laws prohibit limitations on implied warranties or the exclusion or
limitation of certain damages. If these
laws apply to you, some or all of the disclaimers, exclusions, and limitations
may not apply to you and you may have additional rights.
USE OF iBUYYOUADRINK.COM
By using
this web site you attest that you are at least 21 years of age. IBYAD and its affiliates reserve the right to
refuse services, terminate accounts, remove or edit inappropriate or offensive
content and cancel purchase orders at their discretion.
Any IBYAD
affiliate reserves the right to refuse service and redemption of certificates
purchased through this site if the user of said service can not demonstrate
he/she is 21 years of age or older and satisfactorily competent for consumption
of alcohol as it may apply.
SALES TAX
Any person
redeeming a certificate purchased from IBYAD for any good or service shall be
responsible for any and all sales and/or use tax for products and services
purchased with such certificates in the event sales or use tax is to be paid at
the time of redemption of any IBYAD certificate for goods or services.
Where
necessary, I Buy You A Drink Inc will charge sales tax on merchandise goods in
accordance with governing law.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE I BUY YOU A DRINK INC BUSINESS OR ANY OF
THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE
FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND
DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF ANY I BUY YOU A DRINK Inc BUSINESS HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH
THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO
THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS
LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
THEN THE AGGREGATE LIABILITY OF THE I BUY YOU A DRINK INC BUSINESSES UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT
EXCEED ONE DOLLAR ($1).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE IBUYYOUADRINK.COM WEBSITE, YOU AGREE THAT YOUR
ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS
WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS
OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.
Last updated February 2008.
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