Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEB SITE, OUR IOS OR OUR ANDROID APPLICATION (collectively, our "Site").

This Agreement (the "Terms of Use") is an agreement between you and LLJ Inc. d/b/a Zapmark LLC doing business as "DrinkLynk". that states the terms and conditions under which you may use the Site, which includes providing a marketing and technology platform for connecting Customers with Venues (the "Design Your Perfect Night"). Your use of the DrinkLynk app and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the App.

I. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Use as a binding legal agreement between you and DrinkLynk, without limitation or qualification. The term "you" or "user" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. You further confirm that you are at least 21 years of age and that you will provide photo identification upon arrival to verify your age.

If you do not agree to these Terms of Use, then you may not use the Site. DrinkLynk reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

II. Processing Information

  1. DrinkLynk provides a platform to book reservations via our App and Site. At time of purchase, your credit card will be charged by a third partycredit card processing provider who will transfer and deliver funds to Zapmark LLC or DrinkLynk. All credit card transactions will be listed asZapmark LLC or DrinkLynk.

  2. In processing any alcoholic beverage order(s), neither DrinkLynk nor any officer, director, employee, shareholder or agent of DrinkLynk shall beliable to the User or any third-party for any claims relating to the purchase, sale, and/or consumption of the alcoholic beverage or anyconsequences which may result thereof.

  3. User shall indemnify and hold harmless DrinkLynk and its directors, officers, employees, shareholders, affiliates, agents, representatives,third-party information providers, merchants, or licensors (collectively, "DrinkLynk Parties") from and against, for and inrespect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees),damages, obligations, deficiencies, and liabilities, which arise or result from or are related to (a) the processing of the alcoholic beverageorder; (b) the purchase of the alcoholic beverage(s); and, (c) consumption of the alcoholicbeverage(s), and/or any consequences which result thereof.

III. Alcohol Purchase Rules and Restrictions

  • Purchase of Alcoholic Beverages

    1. By completing a purchase through the Site, the User agrees that an individual 21 years of age or older will be present to consume the alcoholic beverages.

    2. The Customer signee must provide a valid form of photo identification at time of arrival.

  • Reservation Cancellation and Refunds

    1. If an order needs to be canceled, please email us immediately at [email protected] or the venue.Please note: reservations are processed as soon as accepting the Offer from the Venue. Cancelled orders may be subject to losing a securitypolicy. DrinkLynk will not make any refunds or exchanges for reservations that were attended.

IV. Government Warning

  1. ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

  2. WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of twenty-one years; or any visibly intoxicatedperson.

  3. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE 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.

V. User License

  1. SCOPE. DrinkLynk grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download,email, share via social networking or print individual pages from the Site in accordance with these Terms of Use and solely for the purpose ofsubmitting a request with DrinkLynk and for your personal and non-commercial use of DrinkLynk, provided you do not remove any trademark,copyright or other notice contained on such pages. No other use is permitted. You may not misuse the DrinkLynk Service. You may not, forexample, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy,distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sellany information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except asspecifically authorized by DrinkLynk, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider,web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content,or material on the Site. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part,without prior written consent from DrinkLynk. You may like or follow DrinkLynk or share links to the Site via social networking technologyreferenced on the Site. The licenses granted by DrinkLynk terminate if you do not comply with these Terms of Use. DrinkLynk reserves all of itsstatutory and common law rights against any person or entity who violates this paragraph.

  2. USER CONDUCT. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws andregulations. You also agree:

    • to comply with US law and local laws or rules regarding online conduct and acceptable material;

    • not to use the Site to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifyingyour age at the time of alcohol consumption;

    • by using this site, the User swears and affirms that he or she is over the age of 21. DrinkLynk reserves the right to prosecute to the fullestextent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use DrinkLynk to providealcohol to a person under the age of 21. DrinkLynk makes every effort to ensure that users are above the age of 21.

    • not to access the Site or services using a third-party's account/registration without the express consent of the account holder;

    • not to use the Site for illegal purposes;

    • not to commit any acts of infringement on the Site or with respect to content on the Site;

    • not to use the Site to engage in commercial activities apart from sanctioned use of DrinkLynk;

    • not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;

    • not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport withthe purpose or spirit of the Site;

    • not to attempt to gain unauthorized access to other computer systems from or through the Site;

    • not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site;

    • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

    • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords,servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).

VI. THIRD-PARTY INTERACTIONS

  1. Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that DrinkLYnk is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The nightclubs and/or lounges and other suppliers providing accommodations through the Service are independent contractors and not agents or employees of DrinkLynk. DrinkLynk is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

  2. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

    • User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent,harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

    • User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise createliability or violate any local, state, national or international law;

    • User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or otherintellectual property right or other right of any party;

    • Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trickthe user of the Service;

    • Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers andcredit card numbers; and

    • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate anyfunctionality on the Service without DrinkLynk's express written consent.

    • You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of thefollowing in connection with the Service or the users of the Service:

    • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service orthat could damage, disable, overburden or impair the functioning of the Service in any manner;

    • Collect any personally identifiable information about other users (except as specifically authorized by DrinkLynk), or intimidate, threaten,stalk, or otherwise harass or cause discomfort to other users of the Service;

    • Use the Service for any commercial purpose;

    • Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violatesthe Terms or any other rules or polices established from time-to-time by DrinkLynk;

    • Create an account, post any content, or otherwise use the Service if you are not, at least, 21 years of age;

    • Modify, adapt, hack or emulate the Service;

    • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service orthird- parties; and

    • Infringe upon or violate the rights of DrinkLynk, its users or any third-party.

  3. DrinkLynk takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is DrinkLynk liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at DrinkLynk's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

  4. HARM FROM COMMERCIAL USE. You agree that the consequences of commercial use or re-publication of content or information from the Site may be soserious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and DrinkLynk will be entitled to temporaryand permanent injunctive relief to prohibit such use.

  5. PROPRIETARY RIGHTS. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectualproperty and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Drinklynk. AllSite content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markuplanguage ("HTML"), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to,DrinkLynk.

VII. Termination and Modifications to the Site

DrinkLynk reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Siteand/or services offered on or through the Site (or any part thereof), including but not limited to the Site' features, look and feel, andfunctional elements and related services.

VIII. Access to DrinkLynk

You acknowledge that from time to time DrinkLynk or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i)equipment malfunctions; (ii) periodic maintenance procedures or repairs with DrinkLynk may undertake from time to time; or (iii) causes beyond thecontrol of DrinkLynk or which are not reasonably foreseeable by DrinkLynk.

IX. Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF DRINKLYNK, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. DRINKLYNK, THE SITE, AND ITS CONTENTS AREPROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRINKLYNK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITHRESPECT TO DRINKLYNK THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITHDRINKLYNK, DRINKLYNK DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS.DRINKLYNK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTSOBTAINED THROUGH THE SITE OR DRINKLYNK. DRINKLYNK DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, ORTHAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER DRINKLYNK NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISINGOUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, DRINKLYNK, THE INTERNET, OR THE PROCESSING, PURCHASE, CONSUMPTION OF ALCOHOL AS PROVIDED IN ARTICLE II, SECTION 3 ABOVE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOURUSE OF DRINKLYNK AND TO TERMINATE THIS AGREEMENT. DRINKLYNK RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAYORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGESOR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. DrinkLynk operates this Site for use in specific jurisdictions where it provides itsServices, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from otherlocations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without noticeand may vary geographically. You agree to defend, indemnify, and hold DrinkLynk Parties harmless from any and all suits, actions, legal or administrative proceedings, claims,demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by youor through use of your account.

X. Your account, password, and security

Use of Site services requires that you register and/or create an account ("Account") or use the Site as a guest. To register and create an Account,you must select an account designation and password and provide certain personal information. In consideration of the use of the Site's services,you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintainand promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that isuntrue, inaccurate, not current or incomplete, or DrinkLynk has reasonable grounds to suspect that such information is untrue, inaccurate, notcurrent or incomplete, DrinkLynk has the right to refuse any and all current or future use of the Site (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activitiesthat occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediatelynotify DrinkLynk of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, includingloss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end ofeach session. DrinkLynk will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a)and (b) or for any acts or omissions by you or someone else using your Account and/or password.

XI. Links

As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services frombusinesses that are not owned or operated by DrinkLynk. DrinkLynk has no control of these third-party website pages, nor can it guarantee theaccuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance onsuch information should be made only after independent review. The purchase, payment, warranty, guarantee, maintenance, and all othermatters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement andpolicies and solely between you and such businesses. DrinkLynk makes no representations or warranties of any kind, express or implied, regardingsuch products, information or services received from such third-party websites. References to products or services within any such third-partywebsite pages do not constitute or imply an endorsement by DrinkLynk.

XII. Trademarks

"DrinkLynk", all DrinkLynk logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress ofDrinkLynk or otherwise proprietary to DrinkLynk and may not be used by you for any reason other than as expressly permitted by these Terms of Use.All other trademarks not owned by DrinkLynk (or its affiliates) that appear on the Site are the property of their respective owners, who may or maynot be affiliated with, connected to, or sponsored by DrinkLynk or its affiliates and you do not acquire any ownership rights in such marks, logosor names by using this Site of the DrinkLynk. These services are not affiliated with the any type of companies who promote under age drinking.

XIII. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are herebyacknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site andreceipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Submission(s),and the possibility of publicity and promotion from our review, use or display of your user-generated content.

XV. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by DrinkLynk in the State of New York, U.S.A. You agree that these Terms of Use will be governed by andconstrued in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions.Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. DrinkLynk makes no claims orassurances that the Site are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of orin connection with these Terms of Use, or services available on or through the Site must be filed in a federal or state court located in New York,New York, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. Youexpressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

XIV. General

  1. ENFORCEABILITY. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemedto be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder ofthese Terms of Use shall continue to be enforceable and valid according to terms contained herein.

  2. ENTIRE AGREEMENT. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Site,these Terms of Use constitute the entire agreement between you and DrinkLynk, superseding all prior agreements regarding the Site.

  3. NO WAIVER. The failure of DrinkLynk to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of saidright or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performanceresulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not belimited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of waror terrorists, strikes, fires, floods or other catastrophes.

  4. HEADINGS & CONSTRUCTION. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effectwhatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpretedfor or against either party.

  5. CONTACT DRINKLYNK. For purposes of providing notice of cancellation or termination of an account, contact us at: [email protected].