Terms and Conditions
IMPORTANT: ALL USERS MUST READ THIS SECTION.
ALL SALES ARE FINAL
- By placing an order, you purchase from use the products you have selected based on standard Drinkbin, LLC restrictions, merchant-specific restrictions, and on the terms and conditions stated below.
- You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
- Drinkbin, LLC takes no responsibility for the services or products for which Drinkbin, LLC vouchers (hereinafter "vouchers") may be redeemed - Drinkbin, LLC makes no warranty to the Drinkbin, LLC End Users for the quality, safety, usability, or other aspect of the product or service for which the Drinkbin, LLC is redeemed. Some services for which Drinkbin, LLC can be redeemed are activities that involve potential bodily harm and for those activities, Drinkbin, LLC takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for with the Drinkbin, LLC can be redeemed. See Section 7, below, for more information on this limitation of Drinkbin, LLC's liability.
- The voucher you purchase is redeemable for goods or services by the seller of such goods and services during the time of the event, hereinafter defined as "Merchant." The Merchant, not Drinkbin, LLC, is the seller of the goods and services. Drinkbin, LLC sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
- If you have any questions about these terms, please contact Drinkbin, LLC. To read the complete Drinkbin, LLC Terms and Conditions, please see below.
ACCEPTANCE OF TERMS AND CONDITIONS
"Drinkbin, LLC" provides an interactive online service operated by Drinkbin, LLC Inc. (herein referred to as "Drinkbin, LLC") on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Drinkbin, LLC, affiliates of Drinkbin, LLC and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Drinkbin, LLC, and Drinkbin, LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is Drinkbin, LLC's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Drinkbin, LLC, access to the Site may be interrupted, suspended or terminated from time to time.
Drinkbin, LLC shall have the right at any time to change or discontinue any aspect or feature of Drinkbin, LLC, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Drinkbin, LLC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Drinkbin, LLC shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Drinkbin, LLC, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Drinkbin, LLC, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Drinkbin, LLC, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Drinkbin, LLC protected by copyright as a collective work under the United States copyright laws. Drinkbin, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Drinkbin, LLC and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Drinkbin, LLC shall not be deemed to be in the public domain but rather the exclusive property of Drinkbin, LLC, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Drinkbin, LLC, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Drinkbin, LLC does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Drinkbin, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Drinkbin, LLC the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Drinkbin, LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER Drinkbin, LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT Drinkbin, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL Drinkbin, LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Drinkbin, LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Drinkbin, LLC IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Drinkbin, LLC. MOREOVER, Drinkbin, LLC RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, Drinkbin, LLC, DEEMS UNSUITABLE.
Drinkbin, LLC shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Drinkbin, LLC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Drinkbin, LLC shall have the right to remove any material that Drinkbin, LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to Drinkbin, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Drinkbin, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.
Drinkbin, LLC may terminate this Agreement at any time. Without limiting the foregoing, Drinkbin, LLC shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Drinkbin, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
Drinkbin, LLC is a trademark of Drinkbin, LLC, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Drinkbin, LLC are the property of their respective owners.
14. Third Party Content
Drinkbin, LLC, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Drinkbin, LLC has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Drinkbin, LLC. Neither Drinkbin, LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Drinkbin, LLC. Drinkbin, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Drinkbin, LLC by anyone other than authorized Drinkbin, LLC employee spokespersons while acting in official capacities. Under no circumstances will Drinkbin, LLC be liable for any loss or damage caused by an end user's reliance on information obtained through Drinkbin, LLC. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Drinkbin, LLC.
Drinkbin, LLC contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Drinkbin, LLC of the contents on such third-party sites and Drinkbin, LLC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Drinkbin, LLC expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Drinkbin, LLC reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for Drinkbin, LLC established by Drinkbin, LLC constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Drinkbin, LLC's headquarters are in Orlando, Florida. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Florida (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Orlando, Florida under the rules of arbitration in the state of Florida.
II. TERMS OF SALE
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The Drinkbin, LLC Voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Drinkbin, LLC, is the seller of the goods and services and is solely responsible for redeeming any Drinkbin, LLC you purchase. Drinkbin, LLC sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Bar & Restuarant-Specific Vouchers
For this section, Restaurant and Bar shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Drinkbin, LLC vouchers.
- Redemption frequency is determined by restaurants, and shall be contained in the voucher offer on Drinkbin, LLC.
- Use of Restaurant and Bar-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
- It is at the discretion of the restaurant or bar to determine whether Drinkbin, LLC vouchers can be combined with any other restaurant vouchers, third party certificates, coupons, or promotions.
- Restaurant and Bar-Specific vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated
- The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
- Neither the seller nor the restaurant or bar is responsible for lost or stolen vouchers or restaurant voucher reference numbers.
- Reproduction, sale or trade of this Restaurant and Bar-Specific Voucher is prohibited unless done so in compliance with the law.
- Restaurant and Bar-Specific vouchers can only be used to redeemed during the pre-determined and stated time of the event
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant and Bar-Specific Voucher void.
- Void to the extent prohibited by law.
- The Drinkbin, LLC offer (including, but not limited to, any discounts) is only valid for the date & time of the event specified on the Drinkbin, LLC voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Drinkbin, LLC (which is usually less than the original face value of the Drinkbin, LLC) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
- If you redeem the voucher for less than its face value, you will not be entitled to a credit, cash or a new voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the voucher exceeds the amount you redeemed. For example, if you paid $20 for a voucher which entitles you to a ticket to an event which features $50 of product on February 1, 2010 from 9:00pm EST - 11:00pm EST and you consume only $40 at said event, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Drinkbin, LLC.
- All purchases of vouchers for Restaurants and Bars may have statutory limitations on the amount of the voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing vouchers for Restaurants in Ohio, the redemption of the Drinkbin, LLC voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming vouchers at restaurants and bars that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Drinkbin, LLC's sole role in the transaction is as a marketing agent for the Merchant voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Drinkbin, LLC has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
- Merchant Voucher may be applied only to admission to the pre-determined event hosted by the merchant and product provided by the merchant.
- Limit one (1) voucher per redemption. Only one voucher can be used per person unless otherwise specified by merchant.
- The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
- Neither the seller nor the merchant is responsible for lost or stolen voucher or voucher's reference number.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
- Reproduction, sale or trade of this voucher is prohibited unless done so in compliance with the law.
- Any attempted redemption not consistent with these terms and conditions will render the voucher null and void.
- Void to the extent prohibited by law.
- The Drinkbin, LLC offer (including, but not limited to, any discounts) expires on the date specified on the Drinkbin, LLC voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Drinkbin, LLC (which is usually less than the original face value of the Drinkbin, LLC) to the extent required by applicable law. See section 3 for a more detailed explanation.
- If you redeem the voucher for less than its face value, you will not be entitled to a credit, cash or a new voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the voucher exceeds the amount you redeemed. For example, if you paid $20 for a voucher which entitles you to a ticket to an event which features $50 of product on February 1, 2010 from 7:30pm EST - 10:30pm EST and you consume only $40 at said event, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Drinkbin, LLC.
3. Additional Terms and Conditions for All Drinkbin, LLC Products
All vouchers printed from the Drinkbin, LLC website or any website associated with Drinkbin, LLC are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Drinkbin, LLC and the participating Restaurant, Bar, or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant and Bar-Specific Voucher is the restaurant or bar. The holder and issuer of a Merchant Voucher is the merchant. As a holder and issuer of the Voucher, the restaurant, bar, or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant and Bar-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your Drinkbin, LLC, and in which you wish to redeem your voucher at the Merchant, the Merchant is responsible for allowing you to redeem your voucher for the cash value based on the money you actually paid for your voucher (i.e. if you paid $20 for a voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date and time on the voucher.