DRYNKS STANDARD TERMS
As of 4.21.21
The following standard terms (“Standard Terms”) apply and govern your use of Drynks.com (“Website”). If You wish to visit the Website or to use the Drynks service (the “Service”), please read these Standard Terms. You are required to accept these Standard Terms to use the website.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE STANDARD TERMS OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE OR THE SERVICE.
These Standard Terms are part of the Website Terms and Conditions governing the legal contract between you and DRYNKS. Please review the Agreement and these Standard Terms carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING, and Arbitration provision, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under the Agreement. In order to proceed with the Agreement and to access the Services of the Website, You must acknowledge and agree to be bound by the terms of the Agreement, including the acceptable use limitations and Arbitration provision described under these Standard Terms.
You must be at least eighteen years old to use the Website. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You create an account with us for purposes of using the DRYNKS service, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender or with any reciprocal designation with any government entity. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in Your jurisdiction.
2. Term & Termination
This Agreement will remain in full force and effect while You use the Website. You may terminate Your account at any time, for any reason by following the instructions by pressing the “Delete Account” button in your View Profile section, or upon receipt by Drynks of Your written or email notice of termination. Drynks may terminate Your account for any reason, with or without notice. If You or Drynks terminates Your account, You will not be entitled to any refund of unused Drynks Coins. If Your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied.
3. Exclusively for Non-commercial Use by Users
The Website and the Service is for personal use only. Any other use, including use by competitors and the media, is considered Commercial Use by Commercial Users. For example, you may not use the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any User to buy or sell any products or services not offered by DRYNKS, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to [email protected], (iv) seeking leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not open accounts and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Users of the Website may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other User without his or her prior explicit consent. Drynks may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including referring activities Drynks deems suspicious to governmental authorities.
4. Account Security
Your account is for Your personal use only. You are responsible for maintaining the confidentiality of the username and password You designate during the registration process, and You are solely responsible for all activities that occur under Your username and password, including distribution of Your personal information to other users. You acknowledge that Drynks is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information.
5. Risk Assumption and Precautions
DRYNKS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR USER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. You should not provide Your financial information (for example, Your credit card or bank account information), or wire or otherwise send money, to other USERS, except through the Drynks Website.
Drynks DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, Drynks reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Users may have the option to pay a third party to perform a self-background screening based on information the User provides the third party. Users who pass such a self-background screening may have a “Background Verified” mark displayed on their profile. You understand Drynks makes no guarantees, express or implied, regarding the accuracy or reliability of the third party self-background screening or “Background Verified” mark and in no event will Drynks be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the self-background screening or “Background Verified” mark.
You understand that Drynks makes no guarantees, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
6. Proprietary Rights
Drynks, Inc., owns and retain all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Drynks, Inc. Except for that information that is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7. Acceptable Website Use
You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to Website or any other User (either on or off the Website), any material or engage in conduct on or through the site: (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, or (iv) use of multiple accounts for one user. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
Drynks reserves the right, but has no obligation, to monitor any Content You post on the Website or as part of the Service. Drynks may remove any Content that, in its sole opinion, violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the request of any third party and any User that posts such Content.
By Posting Content on the Website or as part of the Service, You automatically grant to Drynks an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
The Website may be used only for lawful purposes by individuals seeking relationships. As one of the conditions of Your use of the Website and the Service, You represent, warrant, and agree that You will not use (or plan, encourage, or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law (including but not limited to any applicable export controls). It is Your responsibility to ensure that Your use of the Website and the Service complies with the Agreement and to seek prior written consent from the site for any uses not permitted or not expressly specified herein. Drynks specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
- Using the Website as an escort or prostitute or using the Service to promote, solicit, or engage clients for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service;
- Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, failing to report knowledge of a person under the age of 18 to [email protected], or continuing to use the site to interact in any way with anyone You know or believe is under the age of 18. Any violation of these prohibitions will result in termination of Your account and possible referral to law enforcement or other agencies, such as the National Center for Missing and Exploited Children;
- Posting any incomplete, false, misleading, or inaccurate Content about Yourself and/or Your profile;
- Posting any Content that is not entirely Your own or for which You do not have full rights to use;
- Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;
- If You have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing Your password with any third parties, or using Your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
- Soliciting passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement, from other users;
- Engaging in advertising to, or solicitation of, other Users to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Users. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Drynks;
- Initiating contact with Users off site by any other means without first obtaining explicit permission from them to do so via the Website;
- Posting advertisements or solicitations of employment, business, or pyramid schemes;
- Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
- Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
- Engage in any activity that violates criminal laws of the jurisdiction in which the User resides, visits or contacts Users;
- Stalking or otherwise harassing any other Users or Company employees or representatives;
- “Frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization;
- Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor; and
- Recruiting, including for pornography, modeling, or escort sites or brothels.
8. No Harassment of Drynks Employees
You will not harass, annoy, intimidate, or threaten any Drynks employees or agents engaged in providing any portion of the Service to You. If we feel that Your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate Your account and You will not be entitled to any refund of unused subscription fees.
9. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact our Copyright Agent at [email protected] or the following address: Drynks, Attn: Copyright Agent, 1455 Frazee Rd. Suite 500, San Diego, CA 92108 and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit Drynks to contact You, such as Your address, telephone number, and email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.
10. Account and Usership
If necessary, you must provide current, complete, and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and You must promptly notify Website if Your payment method is canceled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your username or password). If applicable, changes to such information can be made at “Account Settings” on the Website. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under Your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
You agree that all payments made on the Website are final, and You will not challenge or dispute the charge with Your bank. You further agree that should You have any issues relating to Your payment (such as duplicate billing), You will email us at [email protected]. Should a dispute be initiated with Your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank. You agree that You will pay any outstanding balance You have with Website within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance will be added to the amount that You owe.
DRYNKS MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE DRYNKS COINS ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED DRYNKS COINS OR REMAINING CREDITS.
When You delete Your Website account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused Drynks Coins and credits will be forfeited and no refunds will be issued.
Drynks Coins purchased for a specific Website account is strictly non-transferable. You agree that any remaining or unused Drynks Coins or credits associated with an active or deleted Website account will not be transferred to any other account belonging to You or someone else.
Drynks reserves the right to offer free Drynks Coins to any person(s) of its choice at any given time, for any duration, while charging other Users, at the same time. Drynks also reserves the right to cancel any free trial period at any time, for all or any of its Users. A User profile (both subscribers and a free Usership) may remain posted on the Website even if that User is not actively using the Service. You acknowledge that although a User’s profile may be viewed, You may not be able to use the Service to communicate with that User if he or she is not then actively using the Service.
11. Service and Modification to the Website
Drynks does not guarantee that the Website will be fully operational all the time. Users may face significant service disturbances. Drynks DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. DRYNKS reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any User, group of Users or all Users. You agree that DRYNKS shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, DRYNKS reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website or Service.
12. User Information
The Website may contain, and the Service may provide, links to sites that are not maintained by Drynks. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that such sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at Your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Drynks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
- Drynks is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Users, or by any of the equipment or programming associated with or utilized in the Service.
- Drynks is not responsible for the conduct of any kind, whether online or offline, of any User of the Website or User of the Service.
- Drynks is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or User communications.
- Drynks is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
- Under no circumstances will Drynks be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interaction or contact between users of the Website, whether online or offline.
- THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DRYNKS PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. DRYNKS DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
- From time to time, Drynks may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. Drynks DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL Drynks BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY USERS.
- Drynks cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- This Website is only a venue—it acts as a venue for individuals to post personal and contact information for purposes of dating. Drynks is not required to screen or censor information posted on the Website, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Users. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree You are solely responsible for Your interactions with other Users and that Drynks, Inc. is not liable in any way for User communications. Drynks reserves the right, but has no obligation, to monitor disputes between You and other Users. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occurs outside of the scope of the Website. The Website and Service is a tool for providing the initial contact between Users, anything beyond that is not in our control and is done so at the Users’ own risk. Users must use common sense about what information they reveal to others via email or any other means of communication. It is Your responsibility to ensure your safety and to investigate Users and verify they are legitimate relationship seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be skeptical of any User until You learn more about them and verify their background.
- In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the services provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace or substitute any professional, financial, medical, legal, or other advice. DRYNKS makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
- You specifically acknowledge and agree that Drynks is not liable for Your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability or notice to You.
15. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRYNKS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DRYNKS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DRYNKS’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRYNKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
To the fullest extent permitted by applicable law, You release DRYNKS from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
16. Litigation and Arbitration
Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND DRYNaKS AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You and Drynks agree that any disputes arising out of, or related to, the Website, the Service, the Agreement and/or any policies or practices of Drynks (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. Notwithstanding the above, Drynks is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage You to contact us at [email protected] or by mail at, Attn: Dispute Manager, 1455 Frazee Rd. Suite 500, San Diego, CA 92108 before resorting to arbitration.
YOU AND DRYNKS ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor Drynks agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Drynks, Inc. may bring actions on its Users’ behalf where its rights may be implicated.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with Drynks, in accordance with commercial arbitration rules of the American Arbitration Association, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Drynks (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, San Diego. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between You and Drynks shall be governed by the laws of the state of California without regard to principles of conflicts of law.
If You access the Website or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Website or Service. Regardless of whether You access the Website or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
Any claim under this Agreement, whether arbitrated or not, are governed by California law and may be brought only in the state or federal courts in San Diego, CA.
You agree to defend, indemnify, and hold harmless Drynks, its officers, directors, employees, agents, affiliates, and subsidiaries from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from Your use of the Website, the Service, or Your breach of the terms of this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You, and Your estate in the case of Your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by Your spouse, children, or family. Drynks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Drynks in connection therewith.
18. General Provisions
Violation of this Agreement may cause Drynks irreparable harm, and You therefore agree that Drynks will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Drynks may have for a breach of this Agreement.
Unless otherwise explicitly stated, this Agreement will survive termination of Your account. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Drynks to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that Your online account is non-transferable and all of Your rights to Your profile or contents within Your account terminate upon Your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind Drynks in any manner.
The Company may provide You with notices, including those regarding changes to the Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
20. Revision Date and Amendment.
These STANDARD TERMS are subject to change by DRYNKS at any time. The revised terms will be effective upon posting on the Website and Your use of the Service after such posting will constitute acceptance by You of the revised Standard Terms.
DRYNKS STANDARD TERMS V. 4.21.21