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HappyHour.com may update these Terms from time to time. If these Terms are updated, the “Last Updated” date below will be changed. You are free to decide whether or not to accept an updated version of these Terms, but acceptance is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any updated version of these Terms. If you do not agree to these Terms or any updated Terms, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated, any use of the Services is subject to the version of these Terms in effect at the time of use.
You will be required to create an account with HappyHour.com (“Account”) in order to use the Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify HappyHour.com of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Modifications to Services
HappyHour.com reserves the right, in its sole discretion, to modify the Services from time to time and without notice. HappyHour.com shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (“HappyHour.com Content”) are provided to you by HappyHour.com or its partners or licensors solely to support your permitted use of the Services. The HappyHour.com Content may be modified from time to time by HappyHour.com in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the HappyHour.com Content by you shall constitute a material breach of these Terms. HappyHour.com and its partners or licensors retain all rights in the Services and HappyHour.com Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of HappyHour.com or any third party is granted under these Terms.
Application License and Use Restrictions
Subject to these Terms, HappyHour.com grants you a non-exclusive, non-transferable, revocable license to use the Services, solely to support your permitted use of the Services. The Services and HappyHour.com Content are offered solely for your personal use for the purposes described in these Terms. Any and all other uses are prohibited. HappyHour.com expressly reserves all its rights and remedies under applicable laws and reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
HappyHour.com may suspend your ability to use all or any element of the Services or may terminate these Terms effective immediately, without notice or explanation. Without limiting the foregoing, HappyHour.com may suspend your access to the Services if HappyHour.com believes you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that HappyHour.com shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which HappyHour.com will have no liability whatsoever.
The Services may permit you to submit, transmit, post, or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links, and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“Your Content”). Any such Your Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, or false advertising. Your Content should be unbiased and objective. You may not submit reviews, comments, or ratings for which you are being compensated in any manner, or for your own bar or restaurant or any bar or restaurant of your employer, friend, relative, or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. The name or handle you choose may be displayed publicly with Your Content. HappyHour.com reserves the right (but has no obligation) to monitor, remove, or edit Your Content in its sole discretion, including if Your Content violates these Terms, but you acknowledge that HappyHour.com may not regularly review submitted Your Content. If you do submit Your Content, and unless we indicate otherwise, you grant HappyHour.com a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to bars and restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such Your Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the Your Content you submit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. HappyHour.com takes no responsibility and assumes no liability for any Your Content submitted by you or any other user or third party, nor do we guarantee any confidentiality with respect to Your Content.>
Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any Your Content submitted by you; that all Your Content submitted by you is accurate; and that exploitation of Your Content by HappyHour.com and its other users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at HappyHour.com’s request) defend HappyHour.com, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “HappyHour.com Parties”) from and against all claims resulting from (i) any Your Content submitted by you, (ii) your use of the Services, or (iii) any breach or alleged breach by you of these Terms.
Limitation of Liability
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE HAPPYHOUR.COM PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE SERVICES, THE HAPPYHOUR.COM CONTENT, OR YOUR CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY BAR OR RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY BAR OR RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE HAPPYHOUR.COM SERVICES BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE HAPPYHOUR.COM CONTENT.
Disclaimer of Warranties
YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND HAPPYHOUR.COM CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, HAPPYHOUR.COM CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. HAPPYHOUR.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. HAPPYHOUR.COM SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF HAPPYHOUR.COM.
The Services may contain hypertext links to websites and applications operated by parties other than HappyHour.com. Such hypertext links are provided for your reference only, and HappyHour.com does not control such websites and is not responsible for their content. HappyHour.com’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. HappyHour.com assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
Bars and restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any such bar or restaurant. You must resolve all disputes directly with the applicable bar or restaurant. To the maximum extent permitted by applicable law, you hereby release the HappyHour.com from any and all such Claims.
If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by HappyHour.com.
Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Choice of Law
These Terms are made under and shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction.
How Your Information is Collected
By visiting or using the Sites, HappyHour.com may collect personal information you provide, including, but not limited to, your name, email address, mailing address, phone number, and other information you may provide about yourself or others to the Sites (“Personal Information”).
Information is automatically collected from devices used to visit or use the Sites including, but not limited to, operating system, access times, browser information, settings, and other data about your device that is used to provide the services or as otherwise described in this Policy (“Device Information”). HappyHour.com also collects Device Information about your usage and activity on the Sites using cookies, web beacons, and other certain technologies.
HappyHour.com may receive your generic location or, with your consent, precise geographic location data from your mobile device (“Location Information”). HappyHour.com may use and store Location Information to provide and improve features of the Sites.>
Your Information is Used
Personal Information, Device Information, and Location Information (“your information”) may be collected to (i) provide you with the services and functionality offered on the Sites, (ii) communicate with you about your account or use of the Sites, services, and/or functionality, (iii) provide customer service, (iv) communicate with you about special offers and other marketing communications, (v) operate and improve the Sites, services, and functionality, (vi) personalize your experience on the Sites, including displaying relevant advertising, (vii) provide information and services to the bars and restaurants listed on the Sites, (viii) perform statistical analysis, (ix) protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, (x) comply with our policies, procedures and legal obligations, and (xi) as otherwise consented to by you and as required or permitted by applicable law (“Purposes”). HappyHour.com may communicate with you via electronic messages, including email, text message, or mobile push notification, consistent with the Purposes.
How Your Information is Shared
HappyHour.com does not share your information with third parties other than (i) with your consent, where required, for their own marketing purposes, which are subject to the separate privacy policies of such third parties, (ii) vendors, consultants, and other service providers that perform functions on HappyHour.com’s behalf and are only authorized to use your information for the purpose for which it has been provided, are not authorized to disclose that information to unauthorized parties, and are required to maintain appropriate security to protect your information, (iii) regulatory authorities, courts, government agencies, and other third parties in accordance with applicable law, regulation, or legal process, (iv) pursuant to a sale, transfer, divestiture, or disclosure of all or a portion of HappyHour.com’s business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding, (v) in HappyHour.com’s discretion, your information and information collected from other users that has been aggregated to produce general statistics that cannot be linked to you or any other specific user, and (vi) information as directed by you or subject to your consent.
Security of Your Information
HappyHour.com takes commercially reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Notwithstanding, HappyHour.com cannot guarantee that your information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by HappyHour.com or its third-party service providers. Except to the extent that liability cannot be excluded or limited due to applicable law, HappyHour.com assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your account with anyone. Instructions received by HappyHour.com using your user name and password will be considered to be authorized by you. If you have reason to believe that your interaction with the Sites is no longer secure, please contact HappyHour.com immediately.
If you do not want to receive marketing and promotional emails from HappyHour.com, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications. Alternatively, to the extent that HappyHour.com or applicable law requires your prior opt-in consent to receive marketing and promotional emails, you can choose not to opt-in. You can use the settings on your mobile device to enable or turn off mobile push notifications from HappyHour.com. If you no longer want to receive text messages from HappyHour.com, reply STOP (or as otherwise instructed) in the text message. Alternatively, to the extent that HappyHour.com or applicable law requires your prior opt-in consent to receive text messages, you can choose not to opt-in.
Links to Third Party Websites
The Sites may contain links to other websites or services that are not owned or controlled by HappyHour.com, including links to websites of bars and restaurants and HappyHour.com advertisers, sponsors, and partners. This Policy only applies to information collected by the Sites. HappyHour.com has no control over these third party websites, and your use of third party websites and features are subject to privacy policies posted on those websites.
Except to the extent limited by applicable law, HappyHour.com reserves the right to update this Policy by posting notice of the update on the Sites. Any updates will become effective immediately after posting. If this Policy is updated, the “Last Updated” date below will be changed. You are free to decide whether or not to accept an updated version of this Policy, but acceptance is required for you to continue using the Sites. If you do not agree to the terms of this Policy or any updated version of this Policy, your sole recourse is to terminate your use of the Sites.
If you have any questions about this Policy or information we have collected about you, please contact us.
Last Updated: July 24, 2019
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