TERMS & CONDITIONS

KING OF HAPPY HOUR APP Terms of USE

Last updated December 15, 2017

King of Happy Hour, LLC (“KOHH”, “we”, “us” and terms of similar meaning) provides this website (this site and any applications or other software provided by KOHH, for use with the site or otherwise, collectively, the “Site”) to you subject to these terms of use (these “Terms”). In these Terms we describe users of the Site, whether registered or not, as “Users.”

Please read these Terms carefully before using the Site and App. By accessing, using or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS SITE. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

IF YOU ARE NOT 21 YEARS OF AGE OR OLDER OR IF YOU ARE A MINOR, YOU MAY NOT USE THE SITE.

KOHH may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should, from time to time, review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address below.

The various services we provide through the Site (collectively,“Services”) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1. Privacy Policy
Please refer to KOHH’s privacy policy, available at http://kingofhappyhour.com/privacy-policy (the “Privacy Policy”) for information on how KOHH collects, uses and discloses personal information from Users of the Site. By using the Site you agree to our use, collection and disclosure of personal information in accordance with the Privacy Policy.

2. Registration Data; Account Security
If you register for an account on the Site, you agree to:

  1. provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”);
  2. maintain the security of your password;
  3. maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
  4. accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site;
  5. use this site for personal purposes and not for commercial purposes; and
  6. to have no more than one account, and to not sell, trade or transfer that account to any other person, or access KOHH by any other means other than through the interface provided publicly.

You are responsible for all activity on your Site account. In the event that you forget your login information and wish to retrieve it, you will be directed to a password recovery page where you will be asked for the email address associated with the account. If the email address is valid, a key will be emailed to the email account which may be clicked on to restore or reset the account password.

You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage KOHH may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately at support@kingofhappyhour.com.

3. Fees; Charges; Taxes
At present, KOHH offers premium subscription of our Royal Perks service starting at $9.99 per month, and $99.99 per year, inclusive of taxes. We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by KOHH staff.

Your credit card information is processed and securely stored by our partner Stripe (the “Payment Processor”), one of the leading companies in mobile app payment processing. KOHH does not store any of your credit card information. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.

By signing up and purchasing your KOHH Royal Perks membership (“Membership”), you authorize us to charge you for your initial membership period and a recurring monthly or annual membership fee at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. Your Membership will automatically renew each month or year and you will be billed on the same date each month. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account. In the case if you upgrade from a monthly to an annual Membership, your new effectively billing date will start immediately upon the purchase of the upgraded Membership, with a credit adjustment automatically applied to your new purchase amount towards any remaining days from the original monthly Membership period.

In general, Membership fees or any other fees are nonrefundable. Membership purchases are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and members are responsible for payment of the entire contracted amount upfront prior to using of any KOHH services in such paid period. From time to time, at KOHH staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.

You may update your payment method or cancel your account under “Plans and Billing” in the main in-App menu. Following any cancellation, you will continue to have access to your Membership through to the end of your current prepaid billing period. DELETING THE KOHH APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT CANCELLATION. You, nonetheless, will remain responsible for any uncollected amounts and authorize us to continue billing you through the Payment Processor. If we cannot charge your account, we reserve the right to immediately terminate your Membership and access to our Site or any portion thereof.

4. Marketing Services and Beverages Purchases
KOHH provides a marketing service, and a marketing service only, to our partner venues (“Venues” or a “Venue”), by referring qualified KOHH members to discover and pay for products and services at these Venues. KOHH is a private membership organization and your Membership purchase is simply for the acknowledgement to be a KOHH member and ability to use our Site. At no time are you buying any alcoholic beverage from KOHH. Membership privileges include, but are not limited to, access to exclusive lifestyle content, invitation to special events, ability to purchase limited edition merchandise from KOHH and its partners, and more. As one of the Membership privileges, and as not further prohibited by State Alcoholic Beverage Control (“ABC”) Law, Venues may provide qualified members one complimentary drink per visit, with the exceptions that (i) In some states such as New York where ABC laws and regulations prohibit a Venue from providing a free drink to a customer without the purchase of another drink, members are required to purchase at least one additional drink at no less than the same regular retail price of the complimentary drink; or (ii) In states such as California where ABC laws and regulations prohibit a Venue from providing a free drink to a customer on a systematic basis, members will instead receive access to specials and promotions exclusive to KOHH members that are unique to each Venue. Failure to abide by applicable state alcohol control laws and regulations are grounds for immediate termination of your KOHH Membership with no obligation for KOHH to provide any refund.

5. Private Membership Organization
KOHH is a private membership organization and your Membership purchase is a privilege and not a guarantee. KOHH reserves the right to terminate your Membership with or without cause at any time. The Site and KOHH services are proprietary and protected by intellectual property and other laws, including applicable U.S. and international patents, trademarks and copyrights. Your use of the Site and KOHH services is subject to you following all Membership rules and acceptable behavior and conduct, as well as all applicable local, state and federal laws and regulations. Having a Membership or access to the Site does not guarantee you entry or service at Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way. In States where alcohol control laws and regulations require a purchase of an additional drink, Venues may enforce such purchase if you do not voluntarily make such purchase. By using the Site, you agree:

  1. To comply with local state and federal laws and regulation;
  2. Not to use the Site or KOHH services at Venues if you are under 21;
  3. Not to maintain more than One (1) account per person;
  4. Not to access the Site or KOHH services using a 3rd party membership account;
  5. Not to use the Site for illegal purposes;
  6. Not to commit any acts of infringement on the Site;
  7. Not to use the Site to engage in any commercial activities;
  8. Not to copy any content for republication in print or online;
  9. Not to create disruption or interfere with another person’s use and enjoyment of the Site;
  10. Not to upload or transmit viruses or other harmful files that disrupt or violate the security of the Site or any KOHH services.

6. Links To Other Sites
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. KOHH does not monitor or have any control over, and makes no claim or representation, regarding Third-Party Content or Third-Party Sites. KOHH provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply KOHH’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. KOHH accepts no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7. Advertisements And Promotions
KOHH may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than KOHH, and any Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. KOHH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

8. Warranty Disclaimer
The Site, the Content and the Services available on the Site are provided to you on an “as is,” “as available” basis without representations, warranties, conditions or guarantees from KOHH of any kind, either express or implied. KOHH expressly disclaims all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. KOHH does not represent or warrant that Content or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the Site, the Content, the Services or any portion thereof. You are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the Site, the Content or the Services.

While KOHH attempts to make your access to and use of the Site safe, KOHH does not represent or warrant that the Site, the Content or any Services are free of viruses or other harmful components as a result of malicious attacks from third party.

9. Limitation Of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against KOHH, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site, the Content and the Services entirely at your own risk.

Without limitation of the foregoing, neither KOHH nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of goodwill, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Services or the Content, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Site or the Content or any Services; (ii) any third party claims that the use by you of the Content, the Site or any of the Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site, the Services or the Content, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of nature, communications failure, theft, destruction or unauthorized access to KOHH or any other Released Party’s records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Site, whether through blogs, the Services or otherwise, or persons that you meet through the Site; or (v) any other matters relating to this Site, any User Submissions (as defined below), the Content or the Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not KOHH had any knowledge, actual or constructive, that you might incur such damages.

In no event shall the aggregate liability of KOHH, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site, the Content or the Services during the three (3) months prior to the date of any claim.

You shall fully defend, indemnify and hold harmless KOHH and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

10. Applicable Law And Venue
You and KOHH explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of California and the federal laws of United States applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to:

  1. these Terms;
  2. the Site, the Services or Content;
  3. oral or written statements, advertisements or promotions relating to these Terms or to the Site; or
  4. the relationships that result from these Terms, the Site, the Services, or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against KOHH related to any Claim and, where applicable, you also agree to opt out of any class proceedings against KOHH. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the State of California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

11. Termination/Modification Of License And Site Offerings
Notwithstanding any provision of these Terms, KOHH reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

  1. terminate your license to use the Site, or any portion thereof;
  2. block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
  3. change, suspend or discontinue any aspect of the Site, the Services or Content; and
  4. impose limits on the Site, the Services or Content.

12. Termination Of Terms
KOHH may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time. When your KOHH account is deactivated, any prepaid premium services shall remain in effect until the end of the original term.

13. Electronic Contracting And Notice
Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

14. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and KOHH regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and KOHH regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

15. Questions And Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at:
support@kingofhappyhour.com
or
King of Happy Hour, LLC
13891 Deanly Way
Lakeside, CA 92040

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