Please review these terms and conditions of use carefully before using the Sippd application or website.
By visiting, accessing, using, downloading, copying, installing and/or joining (collectively “using”) the App, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, cease using the App and delete it. These Terms constitute a binding contractual agreement between you and us. These Terms also contain an arbitration clause under which certain claims may not be brought in a court or decided by a jury, so please read this document carefully.
These terms also include certain liability limitations and legal and health disclaimers that limit our liabilities. In other words, your use of the App is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the App.
1. Alcohol Warnings and Disclaimers
(a) THIS APP IS ONLY INTENDED FOR YOUR USE IF YOU ARE OF LEGAL AGE TO PURCHASE AND CONSUME ALCOHOL IN YOUR COUNTRY OF RESIDENCE AND IN THE COUNTRY FROM WHICH YOU ARE USING THE APP. IF YOU ARE NOT OF SUFFICIENT AGE, YOU MAY BE IN BREACH OF APPLICABLE LAWS AND YOU ARE IN BREACH OF THESE TERMS. YOU MUST IMMEDIATELY CEASE USING THE APP AND DELETE IT.
(b) DO NOT DRINK ALCOHOL IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU CONSUME ALCOHOL, DRINK ONLY IN MODERATION AND SAFELY. DO NOT EVER DRINK AND DRIVE OR OPERATE ANY HEAVY MACHINERY.
(c) THE APP IS FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS YOU TAKE.
2. Eligibility and Accounts
(a) Use of the App is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country that is subject to U.S. embargo, or a country that has been designated by the U.S. as a “terrorist supporting” country and that you are not listed on any U.S. list of prohibited or restricted parties.
(b) You must be the legal drinking age for your applicable jurisdiction to use the App (twenty-one in the United States). By using the app you represent and warrant that you are the minimum applicable age. If you are under the applicable minimum age, you are not permitted to use the App and you must immediately cease using the App, regardless of parental authorization. If you are the guardian of any person under the minimum applicable age please contact us immediately so that we may disable the minor’s access to the App.
(c) You must create an account with us (an “Account”) to use the App to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request. You acknowledge that we may also access, with your permission, personally identifiable information through Facebook, Google or other means based on the permissions you provide.
(d) You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 12 and 13 hereof, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to your all of your data on your Account, including any private content.
(e) The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the App pursuant to Section 3 hereof. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the App.
3. Grant of Use and Termination
(a) We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the App including all content available therein (the “Content”) on your mobile, tablet, personal computer or other device consistent with these Terms.
(b) The App is for personal use only and you may not use the App in connection with any commercial activities, such as advertising or soliciting any other users for any purposes or for any other commercial purposes. Without limiting the generality of the foregoing, you may not use the App to publicly disseminate or display any Content on the App.
(c) This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination we may: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your access to or use of the App, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the App after said termination. Upon termination, the grant of your right to use the App shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
(d) In addition to the terms set forth herein, your use of the App shall be limited by the rules and features of the App, which may change from time to time in our sole discretion. You shall not attempt to use the App in any manner in which the App is not intended or permitted to be used.
4. Intellectual Property
(a) The Content, with the exception of User Submissions and Third Party Content (defined below), including text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
(b) Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
(c) In addition to termination of your Account and termination of the grant of use of the App, in the event that you infringe our or our affiliates’/licensors’ copyrights in the Proprietary Materials, at any time before final judgment is rendered against you for such infringement, we or our affiliates/licensors may elect to recover, instead of any other damages that may be permitted under law for violation of copyrights (and which may be difficult to reasonably ascertain), liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each work that you infringe. These liquidated damages are not a penalty, but instead an attempt by you and us to reasonably ascertain the amount of actual damages that occur from such a violation.
5. User Submissions
(a) You are entirely responsible for any and all materials you submit or otherwise make available via the App, including pictures, videos, reviews, communications or profile information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
(b) You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and warrant that you own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the App and these Terms.
(c) You further agree that you shall not submit material that:
(d) We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate and create derivative works of User Submissions for any purpose, including without limitation any purpose contemplated by the App and these Terms. Furthermore, you also grant other users of the App a right and license to display, stream and download User Submissions in connection with their use of the App and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
(e) You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the App, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.
(f) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
(g) You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the App in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney’s fees incurred by us in connection with any such claim, demand, suit or proceeding.
(h) If you make any suggestions to us about improving the App or adding new features to the App, you are assigning to us the right to use your suggestions without any compensation to you.
6. Third-Party Content and Content Generally on the App
(a) You understand and acknowledge that, when using the App, you will be exposed to Content from a variety of sources including content uploaded to the App by other users (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content or User Submissions. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
(b) You understand and acknowledge that we assume no responsibility whatsoever for monitoring the App for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor such Content, we assume no responsibility for such Content, have no obligation to modify or remove any such Content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of the users submitting any such Content (including User Submissions or Third Party Content).
(c) All Content on the App is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever that Content without the prior written consent of the respective owners/licensors of the Content. Without limiting further express disclaimers herein, we provide no representation or warranty regarding the accuracy or timeliness of the Content on the App.
(d) Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the App is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
(e) You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice
7. General Terms for App Use
(a) You may only use the App consistent with these Terms and any and all agreements under which the App is provided to you (including, for example, the Apple App Store agreement and the Google Store agreement). You assume sole responsibility for obtaining any additional or related hardware or software required for use of the App.
(b) Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, use any similar means to discover the source code of the App or to discover any trade secrets or other intellectual property in the App.
(c) You acknowledge that from time to time the App may automatically check for and install updates on your device. You agree and accept that the App may make updates without your confirmation or consent. Any updates to the App will be deemed part of the App. However, we have no obligation to provide you with any updates to the App (nor does any third-party).
(d) You agree not to export or re-export, directly or indirectly (including via remote access) the App or other information or materials provided to you from us to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In shall be your responsibility to comply with the latest United States or any other relevant jurisdiction’s export regulations, and you shall defend and indemnify us in accordance with the terms hereof for your breach of these provisions. In the event that these Terms are required to be registered with any governmental authority, you shall cause such registration to be made and shall bear any expense or tax payable in respect thereof.
(e) The App is a “Commercial Item” as that term is defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the App is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
(f) If you have received the App from Apple, you acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
(g) If you have received the App from Google or any other Android application service (for example, Amazon Apps), you acknowledge and agree that such third parties and their subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, such third-parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
8. User Conduct and Covenants
(a) You represent and warrant that all the information provided by you to us is accurate and current and that you have all necessary rights, power and authority to agree to these Terms and to perform the acts required of you under these Terms.
(b) As a condition of your use of the App:
(c) We reserve the right to take appropriate action against any user for any unauthorized use of the App, including civil, criminal and injunctive redress and the termination of any user’s use of the App. Any use of the App and our computer systems not authorized by these Terms is a violation of these Terms and certain federal and state laws, including the Computer Fraud and Abuse Act.
(d) In addition to termination of your Account and grant of use of the App, any violation of this Agreement, including the provisions of this Section, shall subject you to liquidated damages of ten thousand dollars ($10,000) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages are a minimum and that if actual damages are greater you shall be liable for the greater amount
(a) You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time in our sole discretion. If at any time we terminate your rights to use the App because of a breach of these Terms, or for any other reason, you shall not be entitled to a refund of any portion of any amount you have paid. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the App and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
(b) You acknowledge and understand that any purchases you may make from third parties that you find through the App are not purchases that you are making from us and that we have no responsibility or ability to be involved with or assist you with any such purchase from a third party. We cannot offer any refunds or any form of customer service for purchase you make from third parties, nor are we in any way responsible for what you purchase from third parties that you find through the App.
11. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the App. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE APP FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
12. Indemnification and Release
(a) You hereby agree to indemnify us and hold us harmless from any and all damages and expenses, including those arising from third-party claims, including attorney’s fees, arising from your use of the App or from your breach of these Terms.
(b) In the event that you have a dispute with one of more other users or any third parties (including, without limitation, any person from who you may make any purchase that you found through the App), you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the App.
(c) If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13. Disclaimer of Warranties and Limitations of Liabilities
(a) READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(b) The App may contain links to third-party websites or applications which are completely independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites or applications. We have no right or ability to edit the content of any third party websites or applications. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites or applications.
(c) The App is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, timeliness, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the App. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
(d) You acknowledge and understand that this App provides information about alcoholic beverages. Drinking alcoholic beverages carry a risk of serious injury or death to you and others around you. You hereby acknowledge such risks of serious injury or death and that you are undertaking use of the App with full knowledge of such risks. You agree and acknowledge that you are solely responsible for your own activities undertaken while using the App. Neither we nor any of our employees, attorneys, managers, members, shareholders, directors, officers or other agents will be in any way responsible for any injuries you may suffer as a result of your use of the App or the information available thereon.
(d) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP, WHETHER SUCH DAMAGES ARISE FROM YOUR USE, MISUSE OR INABILITY TO USE THE APP, FROM YOUR RELIANCE ON ANY CONTENT ON THE APP, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE APP OR THE TERMINATION OF THE APP BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE APP. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU TO SOME EXTENT.
(e) WE DO NOT WARRANT THAT (i) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED
(f) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE APP. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE APP EXCEED TWO HUNDRED DOLLARS ($200) IN AGGREGATE.
(g) All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.
(a) To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of Maryland without regard to conflict of law provisions. Subject to Subsection (b) below, FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN OR SERVING ROCKVILLE, MARYLAND.
(b) Any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination or validity hereof or your use of the App (a “Controversy”) shall be finally settled by binding arbitration before a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures (modified only as herein expressly provided). The arbitrator shall be experienced with regard to commercial disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in Rockville, Maryland, or in such other place as the parties may mutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of the State of Maryland. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award or (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of these Terms. The language used in the arbitration proceedings will be English. You hereby agree that as part of the consideration hereof, you are hereby waiving any right you may have to a trial by jury for any Controversy. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of these Terms are waived.
(c) YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the Parties arising from or relating to these terms or the App. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of this section are waived.
15. General Terms