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.
IBYAD E-Mail Policy
By registering for website account at any iBuyYouADrink.com domain website 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, or by unsubscribing using links you will find in any message originating from our mailing list management system.
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 registration at our website(s) or opting in directly to one of our email distribution lists.
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.
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 or who have made their materials public by publsihing on sites which promote or allow content sharing, content distribution or ‘embed’ features. 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.
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 without further notice it does not meet our guidelines.
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.
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.
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.
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 December 29, 2012.