HappyHour.com may update these Terms from time to time. If these Terms are updated, the “Last Updated” date below will be changed. You are free to decide whether or not to accept an updated version of these Terms, but acceptance is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any updated version of these Terms. If you do not agree to these Terms or any updated Terms, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated, any use of the Services is subject to the version of these Terms in effect at the time of use.
You will be required to create an account with HappyHour.com (“Account”) in order to use the Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify HappyHour.com of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Modifications to Services
HappyHour.com reserves the right, in its sole discretion, to modify the Services from time to time and without notice. HappyHour.com shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (“HappyHour.com Content”) are provided to you by HappyHour.com or its partners or licensors solely to support your permitted use of the Services. The HappyHour.com Content may be modified from time to time by HappyHour.com in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the HappyHour.com Content by you shall constitute a material breach of these Terms. HappyHour.com and its partners or licensors retain all rights in the Services and HappyHour.com Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of HappyHour.com or any third party is granted under these Terms.
Application License and Use Restrictions
Subject to these Terms, HappyHour.com grants you a non-exclusive, non-transferable, revocable license to use the Services, solely to support your permitted use of the Services. The Services and HappyHour.com Content are offered solely for your personal use for the purposes described in these Terms. Any and all other uses are prohibited. HappyHour.com expressly reserves all its rights and remedies under applicable laws and reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
HappyHour.com may suspend your ability to use all or any element of the Services or may terminate these Terms effective immediately, without notice or explanation. Without limiting the foregoing, HappyHour.com may suspend your access to the Services if HappyHour.com believes you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that HappyHour.com shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which HappyHour.com will have no liability whatsoever.
The Services may permit you to submit, transmit, post, or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links, and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“Your Content”). Any such Your Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, or false advertising. Your Content should be unbiased and objective. You may not submit reviews, comments, or ratings for which you are being compensated in any manner, or for your own bar or restaurant or any bar or restaurant of your employer, friend, relative, or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. The name or handle you choose may be displayed publicly with Your Content. HappyHour.com reserves the right (but has no obligation) to monitor, remove, or edit Your Content in its sole discretion, including if Your Content violates these Terms, but you acknowledge that HappyHour.com may not regularly review submitted Your Content. If you do submit Your Content, and unless we indicate otherwise, you grant HappyHour.com a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to bars and restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such Your Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the Your Content you submit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. HappyHour.com takes no responsibility and assumes no liability for any Your Content submitted by you or any other user or third party, nor do we guarantee any confidentiality with respect to Your Content.>
Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any Your Content submitted by you; that all Your Content submitted by you is accurate; and that exploitation of Your Content by HappyHour.com and its other users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at HappyHour.com’s request) defend HappyHour.com, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “HappyHour.com Parties”) from and against all claims resulting from (i) any Your Content submitted by you, (ii) your use of the Services, or (iii) any breach or alleged breach by you of these Terms.
Limitation of Liability
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE HAPPYHOUR.COM PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE SERVICES, THE HAPPYHOUR.COM CONTENT, OR YOUR CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY BAR OR RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY BAR OR RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE HAPPYHOUR.COM SERVICES BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE HAPPYHOUR.COM CONTENT.
Disclaimer of Warranties
YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND HAPPYHOUR.COM CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, HAPPYHOUR.COM CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. HAPPYHOUR.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. HAPPYHOUR.COM SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF HAPPYHOUR.COM.
The Services may contain hypertext links to websites and applications operated by parties other than HappyHour.com. Such hypertext links are provided for your reference only, and HappyHour.com does not control such websites and is not responsible for their content. HappyHour.com’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. HappyHour.com assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
Bars and restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any such bar or restaurant. You must resolve all disputes directly with the applicable bar or restaurant. To the maximum extent permitted by applicable law, you hereby release the HappyHour.com from any and all such Claims.
If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by HappyHour.com.
Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Choice of Law
These Terms are made under and shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction.
If you have any questions about these Terms, please contact us.
Last Updated: July 24, 2019