Your relationship with Drync Inc
Your use of Drync Inc’s services, web site, and mobile applications (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Drync Inc. “Drync Inc” is a Massachusetts corporation whose principal place of business is at Drync Inc., 212 Elm Street STE 4, Somerville, MA 02144. This document sets out the terms of that agreement.
At a minimum your agreement with Drync Inc will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms”.
Your agreement with Drync Inc will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Drync Inc in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
By using the Services you are implicitly agreeing to the Terms. By using the services, you are stating you understand and agree that Drync Inc will treat your use of the Services as acceptance of the Terms from that point onward.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Drync Inc, or (b) you are a person barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the Universal Terms for your records.
Drync Inc relies upon a network of independent vendors and manufacturers (“Vendors”) who sell the goods advertised through the Services and ships them directly to you. If you wish to purchase any product or service made available by a Vendor through the Services (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Drync Inc and Vendor the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by your or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.
Drync Inc displays suggested retail prices for goods advertised through the Services based on pricing information provided by Vendors and Drync Inc makes no promises about the reliability or accuracy of any such information.
The products and services advertised on the site are sold by the Vendors and all Transactions are subject to the return policies of such Vendors. Please contact Drync Inc with any questions about the return policy applicable to any product or service advertised through the Services at firstname.lastname@example.org.
Provision of the Services by Drync Inc
Drync Inc is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Drync Inc provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Drync Inc may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Drync Inc’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Drync Inc when you stop using the Services.
You acknowledge and agree that if Drync Inc disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.
Membership Eligibility; Use of the Services by you
Membership in Drync Inc is available to members who are 21 years and older, residents of the United States and who have not been suspended or removed by Drync Inc. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if Drync Inc suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration pinformation you give to Drync Inc will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Drync Inc, unless you have been specifically allowed to do so in a separate agreement with Drync Inc.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Drync Inc, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Drync Inc has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Drync Inc may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Drync Inc for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Drync Inc immediately at email@example.com.
Privacy and your personal information
You agree to the use of your data in accordance with Drync Inc’s privacy policies.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that all information which you have access to as part of, or through your use of, the Services (“Content”) may be protected by intellectual property rights which are owned by third parties who provide that Content to Drync Inc (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Drync Inc or by the owners of that Content, in a separate agreement.
Your license for access and use of the Drync Content and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a)You may not copy, reproduce, distribute, republish, display, post, or transmit in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Drync; b) You may not use any materials obtained to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" on any other server. Any unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any content contained is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function.
You acknowledge and agree that Drync Inc (or Drync Inc’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Drync Inc, nothing in the Terms gives you a right to use any of Drync Inc’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Drync Inc, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.
License from Drync Inc
Drync Inc gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by Drync Inc. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Drync Inc, in the manner permitted by the Terms.
Content license from you
By submitting, posting or displaying any content on or through the Services, you give Drync Inc a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. Drync Inc reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.
You confirm and warrant to Drync Inc that you have all the rights, power and authority necessary to grant the above license.
Ending your relationship with Drync Inc
The Terms will continue to apply until terminated by either you or Drync Inc as set out below.
If you want to terminate your legal agreement with Drync Inc, you may do so by (a) notifying Drync Inc at any time and (b) closing your account for all of the Services, where Drync Inc has made this option available to you. Your notice should be sent, in writing, to Drync Inc’s address which is set out at the beginning of these Terms.
Drync Inc may at any time, terminate its legal agreement with you for any reason, including without limitation, if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Drync Inc is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Drync Inc offered the Services to you has terminated its relationship with Drync Inc or ceased to offer the Services to you; or
(D) Drync Inc is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or
(E) the provision of the Services to you by Drync Inc is, in Drync Inc’s opinion, no longer commercially viable.
Nothing in this Section shall affect Drync Inc’s rights regarding provision of Services.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Drync Inc have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions stated here shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Drync Inc’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, DRYNC INC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
DRYNC INC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN THE PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRYNC INC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH DRYNC INC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) YOUR FAILURE TO PROVIDE DRYNC INC WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON DRYNC INC’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT DRYNC INC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
It is Drync Inc’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers
Some of the Services may be supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Drync Inc on the Services are subject to change without specific notice to you.
In consideration for Drync Inc granting you access to and use of the Services, you agree that Drync Inc may place such advertising on the Services.
The Services may include links to other web sites or content or resources. Drync Inc may have no control over any web sites or resources which are provided by companies or persons other than Drync Inc.
You acknowledge and agree that Drync Inc is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Drync Inc is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Drync Inc may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Drync Inc will make a new copy of the Universal Terms available at http://www.drync.com/terms, and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Drync Inc will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Drync Inc and govern your use of the Services (but excluding any services which Drync Inc may provide to you under a separate written agreement), and completely replace any prior agreements between you and Drync Inc in relation to the Services.
You agree that Drync Inc may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Drync Inc does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Drync Inc has the benefit of under any applicable law), this will not be taken to be a formal waiver of Drync Inc’s rights and that those rights or remedies will still be available to Drync Inc.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Drync Inc under the Terms, shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You and Drync Inc agree to submit to the exclusive jurisdiction of the courts located within the State of Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Drync Inc shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Drync Inc reserved the rights to cancel, change, discontinue and/or revoke this program, terms, conditions and any compensation stated or implied without notice. Expired credits cannot be reactivated.
Drync Inc's program to invite friends is designed to reward existing members with the opportunity to earn access to special promotions and benefits by referring friends to join Drync Inc. Drync Inc, and not wineries or retailers who offer their products to our members, issues credit for new member referrals. Existing members are only eligible to earn referral credits after new members they have invited to the Drync Inc website make at least one completed and shipped purchase of a minimum purchase value within the first 30 days of an invited friends' membership, excluding gift cards or vouchers. In all instances, rewards qualifications for new member referrals and invites include, but are not limited to, the new member not having previously purchased through Drync, and the new member purchasing with fully unique shipping and billing information not already known to Drync.
Additional Terms About Discounts, Rewards and Promotion Codes
Drync occasionally provides credits for referrals, rewards, promotions, as well as a discount for shipping plans. Except where otherwise stated or prohibited, referral credits expire one year from the date they are issued. Other types of credit have varying expiration dates. Referral credits, other rewards and promotions carry no cash value and can be used for purchases only on Drync. Such credits are not transferable. The credits are from Drync Inc, and not merchants offering products to Drync Inc members. Existing members are only eligible to earn referral credits after new members they have invited to the Drync Inc website make at least one completed and shipped purchase of a minimum purchase value within the first 30 days of an invited friends' membership, excluding gift cards or vouchers. These promotions may be altered by information published on our Site, and if any information is conflicting, the terms most beneficial to Drync shall prevail and take effect. Drync may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason at Drync's sole discretion. Discounts, Promotions, and Store Credits of any kind may not be combined unless at the sole discretion of Drync, Inc. Discounts or other financial benefits given in reward for referring other users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, which you are solely responsible for, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program. Should a user abuse the referral program through fraudulent activities such as referring oneself, creating multiple accounts or other such tactics which constitute theft and/or fraud, Drync may notify the authorities and you may be prosecuted under statutes including 18 U.S.C. § 506 No Electronic Theft Act, 18 U.S.C. § 1029 Fraud and Related Activity in Connection with Access Devices, 18 U.S.C. § 1030 Fraud and Related Activity in Connection with Computers, or other similar laws or statutes. Drync reserves the right to charge any payment method on file the full retail price of all deliveries under any account deemed to be fraudulent, and these charges may include any amounts previously discounted in a previous promotion. Consistent with Drync’s Terms and except when previously agreed upon in writing with Drync, personal invite links should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. Drync reserves the right to suspend your account and/or revoke any and all referral credits at any time if we feel they were earned inappropriately. Drync credit will be applied to orders billed in the corresponding currency. Example: Drync credit value in USD will only be applied to orders billed in USD.
Referral credits granted by any means other than as a result of the initial completed and shipped purchase by a new member introduced for the first time to Drync Inc by the referring member are in violation of these terms and conditions. You may not use spam to obtain referral credits, and you agree not to send invitations to people who do not know you or are unlikely to recognize you as a known contact. You may not participate in the program if any applicable laws or regulations prohibit doing so. Any referral credits granted in violation of these terms and conditions are null and void and subject to immediate cancellation or termination of all referral credits. We reserve the right to modify or amend these terms and conditions at any time and the methods by which special promotions or benefits are earned.
Code of Conduct
We reserve the right to cancel and/or terminate any member’s account for any violation of the Terms & Conditions listed throughout the site or for any fraudulent behavior such as creation of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Drync Inc or any other website in regards to Drync Inc.