CYW, LLC, its subsidiaries and affiliates ("CYW", "we", "our", "us", "Klink-iT.com", "Klink-iT") and/or Company and/or our Company,) (as defined below), own and operate certain mobile applications, websites, mobile device applications and other tools, technology and programs (collectively identified as the "Platform" and/or the "Service" as well as services associated with or made available through the Platform and/or the Service (collectively, "the Services"). These terms of service govern and control your access to the Platform and Services and constitute a legal agreement between you and CYW, LLC and/or our Company. Read these terms carefully and do not agree to them if you do not understand them. If you don’t understand these terms, consult with an attorney that may be able to help you understand them before you agree to them.
The primary function of our Company, Platform and Service is to provide an opportunity for properly registered and authorized users to engage in the selection and giving of a gift(s) to other registered and authorized users who may redeem your gift in the form of food, beverage, merchandise and other goods that may be offered by participating and also registered business entities (or affiliates). The participation by any gift giver, recipient and/or business entity is entirely voluntary but is allowed only within these terms of service. CYW, LLC and our Company may refer to itself and appear in this document as CYW, LLC, the Company, our Company, we, our, us, Klink-iT, Klink-iT.com, and may also do business under any of the subsidiary and/or affiliate names and references.
We welcome you to our family of brands website located at Klink-iT.com, or our app and to any electronic access point of our Platform and Services and of our Affiliates that link to these Terms of Service (collectively, the "Website" and the "App" and "Apps"). These Terms of Service ("Terms") govern your use of: (i) our Website, (ii) our mobile applications ("Apps"), (iii) our social media applications and/or platforms (such as our Facebook applications), (iv) any of our merchandising channels, including, but not limited to, internet, telephone, text messaging (SMS and MMS), online orders, radio, television, or Company-owned or retail stores (both brick and mortar as well as virtual), and (v) any of our products and/or services that are made available to you through any of the foregoing (collectively,, together, the "Service"). The goal of the Platform and Service is to provide access to a wide selection of gift giving and/or gifting options including beverage, food, merchandise, events, and other products and services, as well as, information and ideas, to as wide an audience as possible. To ensure a safe, legal and pleasant environment for all of our users, we have established these Terms of Service and Use. In this way, you will know what you can expect from us and what we expect from you
THESE TERMS OF SERVICE ALSO APPLY TO ALL COMMERCE CHANNELS OF CYW, LLC, THE COMPANY AND ITS AFFILIATES, THE PLATFORM and THE SERVICE INCLUDING, BUT NOT LIMITED TO, OUR APP, OUR WEBSITE, THE INTERNET, TELEPHONE, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA AND PARTICIPATING RETAIL ESTABLISHMENTS. BY ACCESSING ANY OF THE COMPANY MERCHANDISING CHANNELS, AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE, BY THESE TERMS OF SERVICE and USE. PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL (to the extent such waiver is allowed at the time of your agreement in the legal jurisdiction of the State of North Carolina).
CYW, LLC, its subsidiaries and affiliates ("CYW, LLC", "we", "our", "us" "Klink-iT" and/or Klink-iT.com) and/or the Company, our Company, Platform and/or Service do not sell, offer to sell or solicit sales of alcohol and/or products containing alcohol. We do not purchase, sell, manufacture, store, maintain, import, supply or keep any alcohol and/or alcoholic products. Any business and/or retailer and/or affiliate authorized and registered to use or Platform and Service that does offer any alcohol or alcoholic products that may be accessed through our Platform and/or Service expressly agrees to do so only in full compliance with both state and federal law at the time of such offering and in full compliance with these Terms of Service. Our Platform and Services are not designed or intended to facilitate any improper or illegal furnishing of inducements by any business, retailer, manufacturer, importer, supplier or any other entity of alcohol and/or alcoholic products. We are not a manufacturer, distributor, seller, retailer, supplier or any other furnisher of alcohol and/or alcoholic products. We may charge you a fee when you redeem a gift through our Platform and/or Service. We may charge any participating business and/or retailer a fee upon redemption of any gift purchased through our Platform and/or Service. The use of our Platform and/or Service is not conditioned and in no way requires the purchase, gifting, receipt, possession, use and/or consumption of alcohol and/or alcoholic products. Any fee charged and/or earned is exclusively for the use of the proprietary Platform and Service without regard to the type or nature of the gift given and/or received.
You must be 16 years or older and the age of majority in your place of residence to use, subscribe, or register as a member of (or 21 years or older in the event that you intend to or actually engage in a transaction wherein an order for a product containing alcohol) our Platform and Services.
Some of the products offered by third party businesses and/or retailers and/or other entities accessible through our Platform and Service may contain alcohol (alcoholic beverage) and/or alcoholic products. You must be 21 years or older to use any aspect of our Platform and Service that involves any transaction of a product containing alcohol, which may be redeemed or converted at any designated retailer user, affiliate, bar, restaurant, brewery or other business for acceptance, redemption and/or processing. Similarly, the recipient of your transaction must be 21 years or older to accept and/or redeem any gift containing alcohol. Any attempt(s) to buy, accept, transfer, redeem or otherwise exchange or transact for any product containing alcohol by anyone under 21 years of age shall be void and is in violation of these Terms of Service. Any participating business, affiliate, store, bar, restaurant, retail shop and/or any other business shall require adequate identification and age verification under the law prior to redemption of any gift containing alcohol. By placing your request for a product order containing alcohol, you certify under penalty of law that you and the intended recipient are at least 21 years old. Any willful misrepresentation of your, or the recipient's, age, to unlawfully obtain an alcoholic beverage and/or other product containing alcohol is a crime and the Company will cooperate with legal authorities to prosecute you and the recipient to the fullest extent of the law should you make the unfortunate choice of breaking the law and/or these terms of use.
Our Company, Platform, Service, App, Website and the Service is operated by CYW, LLC. "Affiliates" are those persons or entities directly or indirectly controlling, controlled by, or under common control with CYW, LLC and Klink-iT and/or Klink-iT.com. One or more patents may apply to this Our Platform, Service, App, Website and the Service, including without limitation any service marks, trademarks, copyrights and patents. All other third-party trademarks, product names, and company names and logos and any other intellectual property appearing on the Platform and/or Service are the property of their respective owners.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM and SERVICE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE PLATFORM or SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE PLATFORM and SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, THE PLATFORM and SERVICE, ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM or SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PLATFORM or SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES (otherwise known as Hacking).
UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES, FEES, SURCHARGES, AND FEDERAL, STATE AND LOCAL TAXES. ALL OF OUR PRODUCTS AND SERVICES ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES DISPLAYED ON OUR PLATFORM, OR SERVICE MAY DIFFER FROM PRICES THAT ARE AVAILABLE IN AFFILIATE AND/OR PARTICIPATING BUSINESS ENTITIES.
THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER GIFTS, TRANSACTIONS AND/OR REDEMPTIONS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ILLEGALITY.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL PLATFORM SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL CHANNELS OF THE PLATFORM AND SERVICES AND THAT OF ANY AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, WEBSITE, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, MOBILE APPS, SOCIAL MEDIA PLATFORMS AND PARTICIPATING BUSINESSES, RETAIL STORES AND/OR ANY OTHER ENTITY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Some aspects of the Platform and Service may be dependent upon third party service providers, such as a wireless carrier, third party application, social media platform or other entity. We do not control such third-party providers and are not responsible or liable for their acts or omissions. In addition, such third-party providers may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service providers.
You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services except as expressly permitted by CYW, LLC; (c) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Platform; (e) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Platform, Services, or their related systems or networks.
Third party businesses,retailers and other authorized entities set the price of their products as may be displayed on our Platform and Service, and those entities may be subject to tax collection requirements that require them to impose sales tax on your gift and/or the redemption thereof. The amount of the tax depends on things like the products ordered, delivery location, and the legal obligations of the third party entity and particularly their state of location.
Our company does not charge a fee for the purchase and/or retention of a gift through our Platform or Service. All fees and revenue earned by our Company is earned and collected at the time of redemption of the gift and such fee is collected regardless of the nature of the gift. For example, our company does not make a distinction between food, beverage, merchandise and/or other goods or services. Our company does not make a distinction between alcoholic and non-alcoholic beverages in terms of whether a fee is charged upon redemption of a gift. No fees and or revenue are collected, held, controlled or converted by the Company until a gift is redeemed by the recipient and the choice of which type of product to redeem is in the sole discretion of the gift recipient. In the event that the charge to your payment method may incorrectly differ from the total amount gifted to the recipient, including subtotal fees, including tax, the excess amount is solely and completely the responsibility of the recipient and the Company (we) are not responsible for any excess amount incurred by the recipient. All payments will be processed by CYW, LLC’s designated payment processor, using the preferred payment method designated in your account. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
The laws in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged product for a refund or credit, or exchange it for something else to the third party business. In some states, you can exchange a product you bought (or received as a gift) if you want something else. Our Company makes no representations concerning your ability to return a product to a third party business and any disputes regarding the quality, content and/or value of a gift redeemed at a third party business is a matter between the third party and the third party business. Because our Company’s business is limited to the facilitation of a gifting and redemption service, we will not intervene in disputes between gift recipients and businesses. If you purchase a gift that is not redeemed by the recipient within seven (7) days from the date of purchase, the full amount of the gift will be refunded to your account in a timely manner. No refunds of gifts that have been redeemed will be issued under any circumstances and you agree that the redemption of a gift you have sent to a recipient is not subject to refund under any circumstances once redeemed.
Our Company and third party businesses or entities, at their sole discretion, may make promotional offers available to you through our Platform and Service. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by CYW, LLC; (c) are subject to the specific terms that CYW, LLC and third party businesses establish for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer or one year.
Our Company reserves the right to modify or cancel an offer at any time. If you attempt to evade restrictions on offer redemption, we may decline to honor your gift.
If you wish to change your gift for any reason after it has been placed, you may do so at any time prior to redemption or partial redemption by the recipient, but we cannot guarantee that your changes will be effective depending on the timing of the gift and the redemption.
It is the responsibility of the Business, Retailer, Restaurant, Bar, Shop and/or any other business entity and any provider that uses our Platform and Services to follow the law and exercise professional responsibility by using appropriate means to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you and/or the recipient with alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time redemption or delivery. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 but appear to be in the company of those underage), they may refuse to furnish you with alcohol. By the business representative or employee entering the business redemption code and providing the gift, the business is accepting complete responsibility. Our company has no authority or control third party business, retailer, restaurant, bar shop or other business entity decision making.
If we believe that your order is fraudulent or unlawful, we may alert the Business and suspend your use of the Platform and Service.
You will be required to register an account to use the Platform and Service. You must provide accurate, current and complete information during the registration process and at all times that you use the Platform and Service. You must update your information accurately, current and complete and you agree to hold CYW, LLW, our Company, our Platform and Service harmless for your failure to take action to keep your information accurate, current and complete.
You are the sole authorized user of any account you create and responsible for all activities that occur under your account and/or password. You agree that you will monitor your account to prevent use by any person not authorized and that in particular you are the sole party responsible for monitoring your account use by anyone under the age of 21. You may not authorize others to use your account or transfer/assign your account to anyone else. Should you suspect that any unauthorized activity has occurred on your account, you agree to immediately notify our Platform and Service by CLICKING HERE or sending an email to ContactUs@Klink-iT.com.
CYW, LLC, the Company, the Platform and/or the Service will not be liable and you may well be liable for any losses, damages, liability, fees and expenses arising from someone else using your account. This applies regardless of whether and/or if you notify us of any unauthorized activity. If you do violate any of these Terms of Service, we may terminate your account without notice and take further legal action to prevent continued or repeated attempts to violate these Terms of Service. If your account is terminated and you somehow fraudulently create another account, our Company will file a lawsuit against you and seek all damages allowable under both state and federal law as well as possibly refer the matter for criminal charges if allowable under law at that time.
If you wish to deactivate your account at any time, for any reason, please sign in to the Klink-iT app, navigate to profile settings and select Delete Account or send a request to ContactUs@Klink-iT.com.
When you opt-in to any of the CYW, LLC Platform, Services, brands’ marketing, promotional, and delivery notification text messaging services, including SMS and MMS (collectively the "SMS Service"), we will send you an SMS message to confirm your signup. Message frequencies and short codes may vary. You may cancel the SMS Service at any time. Reply "STOP" to cancel. The SMS Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages.
Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile App or Apps available for download ("Platform Providers") are not parties to these Terms of Service. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to our Platform and/or Service. In the event of any failure of an App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to an App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to an App (including our Platform, Service and/or App) or your possession and/or use of an App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Platform Providers are third party beneficiaries of these Terms of Use, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
We may provide links and pointers to sites maintained by others ("Third-Party Sites") that are not affiliated with us and may be located in different states and that may be subject to different regulatory and other legal requirements. These links and pointers are only for your convenience and therefore you access them at your own risk.
You acknowledge that the Platform and Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company or its Affiliates or other third-party licensors may own a copyright in the selection, coordination, compilation, arrangement, and/or enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, for monetary gain or otherwise, any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the Content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Our company and the Platform and/or Service is a displayer and Platform and not a creator or publisher of the Content supplied by third parties on the Platform and/or Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any user of the Platform or Service, are those of the respective authors or distributors and not of the Company or its Affiliates or any of its officers, directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY ASSOCIATES, OR ANY OTHER USER OF THE PLATFORM OR SERVICE, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through the Platform or Service represents the opinions and judgments of the respective user, subscriber, customer,, and is the sole creation of that entity. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Service by anyone other than authorized Company employees. Under no circumstances shall the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Platform or Service. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Platform or Service. Make good decisions.
The Company is committed to making our Website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, email our team at ContactUs@Klink-iT.com with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control third parties, we strongly encourage anyone with whom we associate to provide content that is accessible and user friendly.
We respect the rights of all intellectual property holders and have adopted a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of property holders. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a repeat offender, your access will be suspended or terminated. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please provide the Company’s Copyright Agent (identified below) with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512 and/or any other information you contend relevant to your claim as violation of your and/or your agent/client(s) intellectual property rights:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; d. Information reasonably sufficient to permit us to contact the complaining party; e. A statement that the complaining party has 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 f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:
Attn: COPYRIGHT AGENT CYW, LLC
The Company does not claim ownership of any content you submit or make available for inclusion on the Platform or Service. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, product and service reviews, content, postings, artwork, material or other submissions that you send, upload, transmit, post, submit or otherwise make available to us, whether via the Service, email, feedback, a public forum, social media, or otherwise (collectively, "User Submissions"), you hereby grant the Company and its Affiliates the worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from, commercialize, and exploit such User Submissions in any manner, including on the Service or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Service or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentiality. Neither the Company, nor its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, its Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, in each case relating to your providing, posting, transmitting or making available through the Service any User Submissions to the Company, and the Company’s receiving, evaluating, and utilizing the User Submissions.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate your participation in any public forum or any other portion of the Platform or Service, or the subscription or registration of any user who violates any of these Terms of Service, any of the rules, regulations or guidelines, or for any other behavior that we in our sole discretion believe is in breach of these Terms of Service, is in violation of any law, regulation and/or statute.
A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, live event, or other interactive service or promotion on or accessible via the Service, and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Service in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.
The Company is not responsible for any User Submissions or material appearing in any public forum on the Service, except for Content created by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in The Company's Rights section
Except as otherwise set forth in these Terms of Service, you agree not to upload to or otherwise distribute on the Platform or Service any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third-party Content is illegal and could subject you to personal liability for damages. You, not the Company or any Associate, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission by you.
The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Service and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Service or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Service and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the Service, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Service.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) from the Service, including any part thereof, for any or no reason, including, without limitation, Content that it deems in its sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Associates, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, or Associates, can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the Service.
The payment terms displayed on our Platform and Service (which may differ significantly from time to time and from business to business) are a part of these Terms of Service and govern all services and products offered through any Service. There are two types of transactions that CYW, LLC allows and facilitates: gifts and redemptions. A gift is a financial transaction in which an authorized user pays for and gives an item(s) to another authorized user without the expectation of return payment or anything else in return. Redemption or the redeeming of a gift is the receipt of the gift by another authorized user and the actual use and enjoyment of the gift. Gifts and Redemption in the context of our Platform and Service are confined to gifting and redeeming items through our Platform and Service and with authorized businesses and/or authorized organizations through our Platform and Service. Gifts are any fungible product to include beverages, food, giftcards, tickets and/or any other tangible product. All gifts must be legal to both buy, sell and possess in the location in which the gift is redeemed or it is in violation of these Terms of Service and is void.
We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy notice as a result. In our Privacy Notice, which constitutes part of these Terms of Service, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you.
Using your personal data in a fair and transparent way is important to Our Company. When you use our desktop or mobile websites and applications (the "Platform"), we collect information about you, including information that can be used to identify you ("Personal Information"). Additionally, we may obtain Personal Information about you from third party business entities and/or other subsidiaries and other third parties as described in this Privacy Notice. We collect this data to allow you to make authorized transactions, give gifts, redeem gifts and access other functionality on the Platform (the "Services"), as well as for the other purposes described in this Privacy Notice.
This Privacy Notice is intended to help you understand: (A) What Personal Information we collect, how we collect it, how we use it, and how we share it, (B) The choices you have related to your Personal Information, and (C) How we protect your Personal Information.
Please take a moment to review the terms of this Privacy Notice, which is incorporated into the Terms of Service governing your use of the Platform and Services, By accessing the Platform or using the Services, you agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Notice and to the Terms of Service.
The following information is collected by or on behalf of CYW, LLC, our Company, Platform and/or Service:
We may collect information from you in the following ways:
We may use information that we collect from you for the following purposes, or as otherwise identified at the time of collection:
We disclose Personal Information to the following entities, or as otherwise identified at the time of collection:
Our Company retains user data for as long as necessary for the purposes described above. This generally means that we retain your Personal Information for the life of your account, and delete it 60 days after you request account deletion or your account is deemed inactive. You may request deletion of your Personal Information at any time as described in more detail in the Choice and Transparency section of this Privacy Notice. Please note that we may retain your Personal Information after a deletion request due to legal or regulatory requirements.
We maintain a number of administrative, physical, and technological measures to protect the confidentiality, privacy, and security of your Personal Information. These controls vary based on the nature of the information and industry standards. Unfortunately, no website, server or database is completely secure or "hacker proof." We therefore cannot guarantee that Personal Information you provide will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.
Safeguarding your Personal Information is also your responsibility. We encourage you to change your passwords often, use a combination of letters and numbers, and make sure you are using a secure device to access the Platform. If you have reason to believe that the security of your account might have been compromised, or if you suspect someone else is using your account, please let us know immediately by sending an email to ContactUs@Klink-iT.com
You may exercise control over your Personal Information in the following ways:
If you are a resident of a state that has enacted specific laws that govern how companies can collect and process your Personal Information, please see our California Privacy Policy, which provides additional information, disclosures, and describes your rights under applicable laws. Our California Privacy Policy describes several rights available to you, including:
Our Company is based in the United States and only offers the Services in the United States and Canada. Regardless of where you access the Platform or Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any Personal Information that we obtain about you will be stored in the United States where data protection laws may not be as protective as those applicable where you live. By using the Platform or Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
You must be at least sixteen (16) years of age to access the Platform and Services. We do not knowingly request or collect Personal Information from any person under the Minimum Age. If we suspect a user is below the Minimum Age, we will close their account and take steps to delete their information.
If you have any questions about this Privacy Notice or our privacy practices, or would like to contact our Privacy Officer, please send an email to ContactUs@Klink-iT.com. CYW, LLC Attn: Privacy Officer
We may occasionally update this Privacy Notice. If we make material changes, we will notify users by updating the "last updated" date at the top of this Privacy Notice and sending notice through email or the Platform. Your continued use of the Platform or Services after we have posted the revised Privacy Notice constitutes your agreement to be bound by the revised Privacy Notice to the extent permitted by law.
Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, employees or agents, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Platform and/or Service, including in violation or breach of the Terms of Use, (ii) your User Submissions, (iii) your violation of any rights of a third party, or (iv) your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.
The Company may terminate your access, or suspend your access to all or part of the Service, without notice, for any reason or no reason, including conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Service, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Associate, content or service provider, the Company or its Affiliates.
We will not be liable if, for any reason, all or part of the Platform or Service is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or Service (or any part thereof), with or without notice. We undertake no obligation to update, amend, or clarify information on the Platform or Service, except as required by law. Please remember when reviewing information on the Platform or Service that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Platform or Service to become inaccurate or incomplete.
On occasion, information on the Platform or Service may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information (including after you have submitted your order).
PLEASE READ THIS "DISPUTE RESOLUTION" SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CYW, LLC and our Company DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CYW, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM AND SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM AND SERVICES, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CYW, LLC and our Company DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
OUR COMPANY DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS INCLUDING RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CYW, LLC and/or OUR COMPANY, PLATFORM OR SERVICE.
OUR COMPANY DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM OR SERVICES. CYW, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CYW, LLC and/or OUR COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM OR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CYW, LLC EVEN IF CYW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CYW, LLC and/or OUR COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CYW, LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF CYW, LLC or our COMPANY.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CYW, LLC’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CYW, LLC’s CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold CYW, LLC and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of the Platform and Services or goods obtained through your use of the Platform and Services; (b) your breach or violation of any of these Terms; (c) use of your User Content; or (d) your violation of the rights of any third party, including Retailers, delivery services, and delivery drivers.
The laws of North Carolina, excluding its conflicts of law rules, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state and federal courts located in the state of North Carolina shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.
You must comply with any local, state or national laws applicable to your use of the Platform and Services, such as rules and regulations regarding the sale, service, transportation, import, shipment, purchase or delivery of alcoholic beverages and other alcohol containing products. You must comply with all applicable U.S. or other export and re-export restrictions.
Where CYW, LLC requires that you provide an e-mail address, you are responsible for providing your most current email address. In the event that the last e-mail address you provided is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, the dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CYW, LLC by sending an email to ContactUs@Klink-iT.com Such notice shall be deemed given on the next business day after such e-mail is actually received.
You may not assign these Terms without prior written approval. CYW, LLC may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of CYW, LLC’s equity, business or assets; or (c) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, our Company or any third party as a result of these Terms or Service and/or the Platform and Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Any failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by in writing.
CYW, LLC may make changes to these Terms from time to time. If changes are made, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform and/or Service, or updating the date at the top of these Terms. Unless otherwise stated in the updated Terms, the amended Terms will be effective immediately and your continued access to and use of the Platform and Service after such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Platform Service.
Please note that our Mobile Apps are available to be downloaded within the United States and Canada.