Our Terms of Use

Welcome to DrinqWell! DrinqWell. (“we” or “us”), is an organization whose mission is to empower and engage people around the world to collect and develop beverage content under a free license or in the public domain, and to disseminate it effectively and globally, free of charge.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MYSPACE SERVICES AND INCLUDES GRANTS OF RIGHTS TO US, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES. YOU SHOULD PRINT A COPY OF THESE TERMS OR SAVE THEM ON YOUR DEVICE IN THE EVENT THAT YOU NEED TO REFER TO THEM IN THE FUTURE.

Introduction

DrinqWell ("DrinqWell", "we", "our" or "us") operates DrinqWell, a place where people come to connect, discover, and share.

Through an open design, compelling editorial features, and analytics-based recommendations, DrinqWell fosters a discovery community of people who connect around mutual affinity and inspiration for the purpose of discovering beverages.

The services offered by DrinqWell include:

1. Those offered on any DrinqWell-branded URL, including www.DrinqWell.com (the “DrinqWell Website”)
2. DrinqWell messaging services (including, without limitation, instant messaging, private messaging, and public and private group chatting)
3. DrinqWell developer services
4. DrinqWell mobile services
5. DrinqWell advertising services
6. Any other features, content, or applications offered or operated from time to time by DrinqWell in connection with DrinqWell’s business, including when DrinqWell is accessed via the internet, mobile device, television or other device (collectively, “DrinqWell Services”)

The DrinqWell Services are hosted in the United States. As part of your use of the DrinqWell Services, you consent to the transfer of your personal data to the United States.

If you do not agree to this international transfer of data, then you must refrain from using the DrinqWell Services.

The DrinqWell Services are operated by DrinqWell.

This Agreement constitutes legally binding terms and applies to such use of the DrinqWell Services regardless of the type of device used to access them ("Device") unless such services post a different terms of use or end user license agreement, in which case that agreement ("Other Terms") shall instead govern. By accessing and/or using any of the DrinqWell Services, you agree to be bound by this Agreement (or if applicable, the Other Terms), whether you are a "Visitor" (which means that you simply browse the DrinqWell Services, including, without limitation, through a mobile or other wireless Device, or otherwise use the DrinqWell Services without being registered) or you are a "Member" (which means that you have registered with DrinqWell). The term "User" refers to a Visitor or a Member. You are authorized to use the DrinqWell Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the DrinqWell Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account (your "Account"), and its associated profile(s) (each a "Profile") in accordance with the terms herein.

Your continued use of the DrinqWell Services constitutes your agreement to be bound by and your acceptance of the terms and conditions posted at such time, and will be a new agreement between us applicable to such new use or transaction. It is therefore important that you review this Agreement (and any applicable Additional Terms) regularly. If you do not agree to be bound by this Agreement (or any applicable Other Terms or Additional Terms) and to abide by all Applicable Law (defined below), you are not authorized to use the applicable DrinqWell Services and should discontinue use.

In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the DrinqWell Services or to a service or product offered via the DrinqWell Services (in each such instance, and collectively, "Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the DrinqWell Services' Privacy Policy, which you accept by using the DrinqWell Services.

Information or Complaints Contact Details

You agree that:

1. we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the DrinqWell Website, or in another reasonable manner; and
2. we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your Profile Settings.

Agreement

Use of the DrinqWell Services and registration to be a Member for the DrinqWell Services ("Membership") is void where prohibited and subject to compliance with Applicable Law, this Agreement and any applicable Additional Terms. By using the DrinqWell Services, you represent and warrant that:

1. all registration information you submit is truthful and accurate;
2. you will maintain the accuracy of such information;
3. you are 13 years of age or older (21 years of age or older in certain case), and if you are not of the age of majority where you reside, you will only use the DrinqWell Services with parental or legal guardian consent (following their review of this Agreement);
4. your use of the DrinqWell Services does not violate any Applicable Law.

You may not create an Account for anyone other than yourself without the other person's permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for Membership.

Term, Terms and Termination

This Agreement (or if applicable, Other Agreement and/or Additional Terms), in the form posted at the time of your use of the applicable DrinqWell Services to which it applies, shall govern such use of such DrinqWell Services (including transactions entered during such use). As our site and services evolve, the terms and conditions under which we offer DrinqWell Services may prospectively be modified and we may cease offering the DrinqWell Services under the Agreement or Additional Terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use the DrinqWell Services you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of Other Terms by posting them on the applicable DrinqWell Services (or in any other reasonable manner of notice which we elect), and that your use of such DrinqWell Services after such notice constitutes your going forward agreement to the Other Terms for your new use and transactions. Therefore, you should review the posted Agreement and any applicable Additional Terms each time you use the DrinqWell Services (at least prior to each transaction or submission). The Other Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Agreement (and any applicable Additional Terms) that applied when you previously used the DrinqWell Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the DrinqWell Website, any Messages sent from DrinqWell to you on the DrinqWell Services, and the e-mail you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the DrinqWell Services.

You may terminate your Membership at any time, for any reason, by following the instructions in your Profile Settings. DrinqWell may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability, except that you may have certain refund rights as provided in the next section. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the DrinqWell Services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability, except that you may have certain refund rights as provided in the next section.

In addition, DrinqWell reserves the right, in its sole discretion, to reassign or rename your username and/or Profile URL and to allow indexing of such URL by third party search engines. DrinqWell expressly reserves the right to remove your Profile or Content, in whole or in part, and/or deny, restrict, suspend, or terminate your access to all or any part of the DrinqWell Services, if DrinqWell determines, in its sole discretion, that you have violated this Agreement, are acting in a manner we deem inappropriate for the DrinqWell Services, or pose a threat to DrinqWell, its employees, business partners, Users and/or the public. Even after Membership is terminated, or you cease using the DrinqWell Services, some terms of your Agreement with DrinqWell will remain in effect.

Fees, Offers and Refunds

You acknowledge that DrinqWell reserves the right to charge for any portion of the DrinqWell Services and to change its fees (if any) from time to time in its discretion on a prospective basis. Orders are accepted by us only upon delivery by us of the product or services. We may change terms and conditions of offers from time to time and may refuse or cancel orders; provided, however, that if we have charged you prior to rejecting an order we will issue a refund. We try to accurately describe our products and services, and their pricing, but typos and other errors may occur so we do not warrant that specifications, pricing or other DrinqWell Content or DrinqWell Services will be complete, error-free, current, reliable or accurate. We will make good faith efforts to post corrections when such mistakes of a material nature are discovered and we will provide you with suitable means to allow you to correct any input errors you make before you make a payment for the DrinqWell Services. If DrinqWell terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If you terminate your Membership, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If DrinqWell terminates your Membership, or any ongoing DrinqWell Services for which you have paid, other than for your breach of the Agreement (or of applicable Additional Terms), then as your sole remedy, DrinqWell shall provide a pro-rata refund of any fees or payments (if any) for DrinqWell Services that you paid for but that were not yet delivered. DrinqWell may require that you agree to certain Additional Terms for some DrinqWell Services, such as related to fee-based portions of the DrinqWell Services (e.g., fees to access certain content from your mobile, tablet or internet connected television or other Device). We may offer customer support services from time to time, but are not obligated to do so. Customer support representatives do not have the authority to bind us or to change or waive our rights under this Agreement or any Additional Terms. For Members in the European Union, you acknowledge that you have no right to any cooling-off period under the Distance Selling Directive (Directive 97/7/EC) on the basis that we will provide you the DrinqWell Services before or immediately after we receive your payment for such services.

Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify DrinqWell immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

Use by Members

To maintain the DrinqWell Services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable law, DrinqWell may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content (as further defined below) posted (including, without limitation, private DrinqWell messages, public comments, public group chat messages, private group chat messages or private instant messages (collectively, "Messages")) by you, and DrinqWell may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or the Agreement or any applicable Additional Terms.

Proprietary Rights in Content on DrinqWell

DrinqWell does not claim any ownership rights in the text, Messages, files, images, photos, video, sounds, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the DrinqWell Services. After posting your Content on, through or in connection with the DrinqWell Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By posting any Content on, through or in connection with the DrinqWell Services, you hereby grant to DrinqWell a limited license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the DrinqWell Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election.

The license you grant to DrinqWell is non-exclusive (meaning you are free to license your Content to anyone else in addition to DrinqWell), fully-paid and royalty-free (meaning that DrinqWell is not required to pay you or anyone else deriving rights from you for the use by DrinqWell of the Content that you post), sublicensable (so that DrinqWell is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the DrinqWell Services and, subject to good faith efforts to honor your Profile Settings, to third party search engines), and worldwide (because the Internet and the DrinqWell Services are global in reach). You also hereby grant to DrinqWell, and agree to grant to DrinqWell, the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your Profile information and information about your activities on the DrinqWell Services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honor your elections. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. If you are a minor, you represent and warrant that your parent or legal guardian has consented to you granting the rights as set forth in this Section, or that are provided in any Additional Terms.