Terms of Service
This Terms of Service (this “Agreement”) is a contract between you (“You” or “User”) and Pint-Sized Apps LLC, a Washington State Limited Liability Company (hereinafter “Pint-Sized Apps”, “We”, or “Us”). You must read, agree to, and accept all of the terms contained in this Agreement in order to use the Bottle Connection Mobile Application (the “App”).
We reserve the right to change the terms of this Agreement at any time without notice to you by updating the App to incorporate the new terms. Your continued use of the App after changes are posted constitutes your acceptance of the amended Agreement.
YOU UNDERSTAND THAT BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, OR USING THIS APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THE APP IS DOWNLOADED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS APP. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. ACCESS TO OUR APP
1.1 Pint-Sized Apps gives you a personal, worldwide, revocable, non-sub-licensable, nonassignable and non-exclusive licence to use the App, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by Pint-Sized Apps, in the manner permitted by the terms of this Agreement.
1.2 We reserve the right to:
- (a) Withdraw or amend the service we provide on our App without notice. You agree that access to our App is permitted on a temporary basis and that we will not be liable for any consequential damage or loss if, for any reason, our App is unavailable at any time or for any period;
- (b) Temporarily or permanently restrict your access to parts of our App, or our entire App if, in our opinion, such a restriction is necessary under the circumstances;
- (c) Terminate your account if we believe that you are under the age of 21. Use by anyone under the age of 21 is strictly prohibited;
- (d) Terminate your account if we believe that you have provided us with any material false or inaccurate information;
- (e) Terminate your account if we believe that you are not in compliance with any necessary regulatory requirement relating to the purchase, transportation or distribution of alcoholic beverages.
1.3 You agree that you are responsible for:
- (a) Making all necessary arrangements that will enable you to have access to our App;
- (b) Ensuring that all persons who access our App through a device that you own or control are aware of these Terms of Service, and that they comply with them.
2. ACCEPTABLE USE POLICY
2.1 You shall not use our App for any unlawful purposes, including but not limited to, use in any way that:
- (a) Breaches any applicable local, national or international laws or regulations, including but not limited to laws pertaining to the purchase or transportation of alcohol;
- (b) Is fraudulent, or has any fraudulent purpose or effect;
- (c) Is intended to harm or attempts to harm minors in any manner whatsoever;
- (d) Interferes with, damages or disrupts any part of our App, any equipment or network on which our App is stored, or any software used in the provision of our App,
- (e) Results, directly or indirectly, in the sending of any unsolicited or unauthorised advertising or promotional material; or
- (f) Results in the transmission of any material that you are aware contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar code designed to adversely affect the operation of any computer or device software or hardware.
2.2 When contributing, linking or adding content to the App, such as when leaving reviews, you must ensure that:
- (a) All facts, statements and representations contributed are accurate;
- (b) The sources of all facts, statements and representations contributed are verifiable and reliable;
- (c) All opinions you contribute are based upon genuine information and belief;
- (d) All materials contributed comply with any applicable law in Washington State or any other relevant jurisdiction;
2.3 You must not contribute, link to or add any content to the App, in any manner whatsoever, that:
- (a) Contains any material which is defamatory of any person, obscene, offensive, hateful, sexually explicit or inflammatory;
- (b) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (c) Promotes violence or sexual exploitation towards minors;
- (d) Could potentially infringe any intellectual property right of another person, including but not limited to, copyright, patents, trade secrets, database rights or trademarks;
- (e) Is intended or likely to deceive or defraud any person;
- (f) Promotes any illegal activity;
- (g) Results in a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- (h) Is threatening, abusive, invades another's privacy, or is likely to cause annoyance, alarm, inconvenience or needless anxiety;
- (i) Is intended to impersonate another person, or misrepresent an identity, affiliation or source of information;
- (j) Advocates, promotes or assists in any unlawful act.
3. USAGE OF OUR APP
3.1 You must comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our App, or make contact with other users of our App.
3.2 You accept and acknowledge that:
- (a) The act of uploading, linking to, contributing or adding any material to our App amounts to a waiver of confidentiality over any such material;
- (b) If necessary, we may disclose your identity to any third party who is claiming that any material posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or any other legal rights;
- (c) We have the right to remove any material or posting you make on our App at any time we deem it necessary.
3.3 You accept and understand that our App may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pint-Sized Apps. We do not endorse or assume any responsibility for any such thirdparty sites, apps, information, materials, products, or services. If you access any third-party website, app, service, or content via our App, you do so at your own risk and you agree that Pint-Sized Apps will have no liability.
3.4 You agree that:
- (a) By submitting, posting or displaying content or material (“Your Content”) via our App, you grant Pint-Sized Apps and any companies, organisations or individuals who partner with Pint-Sized Apps (its “Affiliates”) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute Your Content in any and all media or distribution methods (whether now known or later developed) (“Your Content License To Us”);
- (b) Your Content License To Us includes the right for Pint-Sized Apps to make such Content available to its Affiliates for the syndication, broadcast, distribution or publication of Your Content;
- (c) No compensation will be payable to you in respect of any of the foregoing uses of Your Content License To Us;
- (d) You waive all moral rights (or similar or equivalent rights in other jurisdictions) in Your Content.
3.5 You accept and understand that:
- (a) You are responsible for any consequences arising from the use of Your Content by other users;
- (b) If you have not obtained any necessary permission prior to contributing, linking or adding any content or material to the App, such an act may subject you to liability.
4. SUSPENSION AND TERMINATION
4.1 You agree that the failure to comply with any duties or obligations under this Agreement, including but not limited to those outlined in Section 2, constitutes a material breach of this Agreement.
4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take any and all remedial actions, including but not limited to the following:
- (a) Immediate, temporary or permanent, withdrawal of your right to use our App;
- (b) Immediate, temporary or permanent, suspension of your account;
- (c) Immediate, temporary or permanent, restriction of any feature of the App;
- (d) Immediate, temporary or permanent, removal of any posting or material uploaded by you to our App;
- (e) The issuance of a warning to you;
- (f) The commencement of legal action against you, including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), resulting from the breach;
- (g) The disclosure of such information to law enforcement authorities as we reasonably believe is necessary.
5. OUR CONTENT AND RELATED RIGHTS
5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our App (excluding content provided, sourced from or added by you, other users of the App or third parties), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the App, and the underlying code and software in the App (“Our Content”) are and will remain the exclusive property of Pint-Sized Apps and any applicable licensors. All such rights to Our Content are reserved.
5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
6. OUR RELATIONSHIP WITH YOU
6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and Pint-Sized Apps.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
7.1 YOU ACCEPT AND UNDERSTAND THAT PINT-SIZED APPS AND ITS MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:
- (a) THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM DEFECTS, FREEDOM FROM VIRUSES OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, TIMELINESS, SECURITY, PERFORMANCE OR RELIABILITY OF THE APP OR ANY CONTENT THEREON;
- (b) THE FITNESS OR SUITABILITY OF THE APP FOR MEETING YOUR REQUIREMENTS OR ANY PARTICULAR PURPOSE;
- (c) THE COMPLIANCE OF ANY CURRENT, PRIOR OR PROSPECTIVE USER OF THE APP WITH ANY INDUSTRY RELATED REGULATORY REQUIREMENT, INCLUDING BUT NOT LIMITED TO, LAWS PERTAINING TO THE PURCHASE AND TRANSPORTATION OF ALCOHOL.
8. OUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINT-SIZED APPS AND ITS MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:
- (a) YOUR ACCESS TO OR USE OF THE APP;
- (b) YOUR ACCESS TO OR USE OF A THIRD-PARTY APP OR SITE THAT IS REFERRED TO, DESCRIBED, REFERENCED OR LINKED TO ON OUR APP;
- (c) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE APP;
- (d) THE CONTENT OF ANY THIRD PARTY DISPLAYED ON THE APP, INCLUDING WITHOUT LIMITATION, ANY INACCURATE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT CONTRIBUTED BY OTHER USERS OR THIRD PARTIES;
- (e) THE CONDUCT OF ANY USER OF THE APP OR THIRD PARTY;
- (f) THE FAILURE OF ANY USER OF THE APP TO COMPLY WITH ANY REGULATORY REQUIREMENT, INCLUDING BUT NOT LIMITED TO, LAWS PERTAINING TO THE PURCHASE AND TRANSPORTATION OF ALCOHOL;
- (g) THE USE, DISPLAY OR PUBLICATION OF ANY CONTENT, INFORMATION, PRODUCTS, LINKS OR SERVICES ACCESSED THROUGH THE APP; OR
- (h) ANY UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU, IF ANY, TO ACCESS OUR APP.
8.3 NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER TO LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
9. YOUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE APP.
9.2 ALL USERS THAT SELL OR PURCHASE ALCOHOL VIA THE APP ARE RESPONSIBLE FOR ENSURING THAT THEY COMPLY WITH ANY AND ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS PERTAINING TO THE SALE, PURCHASE OR TRANSPORTATION OF ALCOHOL. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE IN THE EVENT OF NON-COMPLIANCE WITH ANY STATE, FEDERAL OR LOCAL LAWS PERTAINING TO THE SALE, PURCHASE OR TRANSPORTATION OF ALCOHOL BY ANY USER.
9.3 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY YOU, OTHER USERS OR THIRD PARTIES.
9.4 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.
9.5 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR CRIMINAL PROCEEDINGS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, YOUR CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
10. YOUR DATA AND INFORMATION
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that the courts of Washington State shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
11.2 You further agree that this Agreement is governed by the laws of Washington State.
12.1 You agree that if any clauses in these Terms of Service are found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
13. ENTIRE AGREEMENT
13.1 You accept and understand that these Terms of Service (inclusive of any other Policies or Agreements referenced or incorporated herein) are the entire and exclusive agreement between Pint-Sized Apps and You regarding your use of the App. These Terms supersede and replace any prior agreements between Pint-Sized Apps and You regarding the App.
13.2 You acknowledge that you have not, in agreeing to these Terms of Service, relied on any representation, warranty or undertaking not expressly incorporated herein.
14. DISPUTE RESOLUTION
14.1 If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution via e-mail at info@BottleConnection.com. Pint-Sized Apps reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
14.2 If the issue relates to a dispute with another user of the App. You agree that, in accordance with Sections 7, 8 and 9 above, we are not liable and are to be held harmless in connection with any dispute arising between you and another user of the App.
15. REVISIONS OF THESE TERMS
15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the App. If, in our opinion, the revision is material, we may notify you of the material revision via an e-mail to the email associated with your account.
15.2 You agree to be bound by any revised version of our Terms of Service, with or without formal notification, once published on the App, from the date of such publication, by continuing to access our App after any such revision has been published on the App. We strongly encourage you to review the Terms of Service published on our App from time to time.
15.3 You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.