“Breweries/Wineries” means the brewpubs, microbreweries, craft breweries, wineries, wine bars and contract brewing companies with whom GYDO works to provide Services.
“GYDO” means GYDO, S Corp., a S Corporation formed under the laws of the State of California and includes the Mobile App and Web Site .
“Communication Services” means any bulletin board services, chat areas, news groups, forums, communities, personal Site pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group through GYDO’s Mobile App and or Web Site.
“Identifiable Information” means Your name, e-mail address, mailing address, and telephone number.
“Linked Site” are third party Site with links on the Mobile App and/or Web Site .
“Mobile App” or “Purchase Application” means the mobile application that allows Users to pre-purchase alcoholic beverages at participating Breweries and Wineries.
“Redemption App” means the Breweries’ point-of-sale system or other technology that allows redemption of alcohol units purchased through the Purchase Application.
“Services” means the online platforms offered by GYDO through GYDO’s Mobile App and or Web Site.
“Web Site” means GYDO.com, the Web Site comprised of various Web Site pages operated by GYDO, S Corp.
“Submissions” means materials You provide to the App (including feedback and suggestions) or post, upload, input or submit to the Mobile App and or Web Site.
“User” or “You” means the person utilizing GYDO’s Services through GYDO’s Mobile App and or Web Site.
AGREEMENT BETWEEN USER AND GYDO
A warm welcome to GYDO.
The Services offered to You through the GYDO Mobile App and/or Web Site are conditioned upon Your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Mobile App and or Web Site constitute Your agreement to all such Terms.
Please read these Terms carefully, and keep a copy of them for Your reference.
GYDO is an online Mobile Application and or Web Site.
GYDO’s Mobile App and or Web Site allows You the user to digitally buy another person a drink that can be redeemed at any participating Venue that serves beer, wine, and spirits.
The Mobile App facilitates the purchase on behalf of the Breweries/Wineries and they allow the User to manage their account information, past purchases, and gifts that they have received.
The Mobile App also allows the User to make a request via their account in order to request anyone over 21 years of age to buy them a drink.
Visiting GYDO’s Mobile App and/or Site , sending emails to GYDO, and utilizing the Mobile App and or Web Site ‘s support features all constitute electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that GYDO provides to You electronically, via email, push notifications through the Mobile App, and notifications through the Web Site satisfy any legal requirement that such communications be in writing.
If You use the Mobile App and or Web Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and mobile devices, and You agree to accept responsibility for all activities that occur under You account or password.
You may not assign or otherwise transfer or share Your account with any other person or entity. You acknowledge that GYDO is not responsible for third party access to Your account that results from theft or misappropriation of Your account. GYDO and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
GYDO does not knowingly collect, either online or offline, personal information from persons under the age of 21 years of age. If You are under 21 years of age, You may not use the GYDO Mobile App or Site for any reason or purpose. You will have to digitally confirm you are over the age of 21 before utilizing GYDO App.
All purchases are final. The funds are directed to the participating Venue directly, and GYDO is unable to issue any direct refunds. If a purchase was made by mistake, please contact us at support@GYDO.me and GYDO will attempt to open a dialog with the venue. All final decisions on refunds will be at the discretion of the resorting Venue.
LINKS TO THIRD PARTY WEB SITES AND SERVICES
The GYDO Mobile App and Web Site may contain links to other Web SItes called (“Linked Sites”). The Linked Sites are not under the control of GYDO and GYDO is not responsible for the contents of a Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
GYDO provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by GYDO of the Web Site or any association with its operators.
Certain services made available via the GYDO Mobile App and Web Site are delivered by third party Web Sites and organizations. Examples of these services may include but are not limited to facebook.com, twitter.com, instagram.com, Square, etc. By using any product, service or functionality originating from the Mobile App or Site , You hereby acknowledge and consent that GYDO may share such information and data with any third party with whom GYDO has a contractual relationship to provide the requested product, service or functionality on behalf of GYDO’s Users.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the GYDO Mobile App and or Web Site strictly in accordance with these Terms. As a condition of Your use of the Mobile App and or Web Site, You warrant to GYDO that You will not use the Services for any purpose that is unlawful or prohibited by these Terms.
You may not use the Mobile App and or Web Site in any manner which could damage, dysfunction, disable, overburden, or impair the Mobile App and or Web Site or interfere with any other party’s use and enjoyment of the Mobile App and or Web Site . You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mobile App and or Web Site.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Mobile App and or Web Site, is the property of GYDO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You agree to not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Mobile App and or Web Site. GYDO permits that all content is not for resale.
Your use of the App does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for Your personal use, and You agree to make no other use of the content without the express written permission of GYDO and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. GYDO does not grant You any licenses, express or implied, to the intellectual property of GYDO or its licensors, except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
GYDO’s Mobile App and or Web Site may contain bulletin board services, chat areas, news-groups, forums, communities, personal Site pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”), You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of anothers computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
GYDO has no obligation to monitor the Communication Services. However, GYDO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GYDO reserves the right to terminate You access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GYDO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GYDO’s sole discretion.
Always use caution when giving out any Identifiable Information about You or Your family in any Communication Service. GYDO does not control or endorse the content, messages or information found in any Communication Service and, therefore, GYDO specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Venues are not authorized GYDO’s spokespersons, and their views do not necessarily reflect those of GYDO.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.
SUBMISSIONS YOU PROVIDE TO THE MOBILE APP AND OR WEBSITE.
GYDO does not claim ownership of the materials You provide to the App (including feedback and suggestions) or post, upload, input or submit to any GYDO App or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting GYDO, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. GYDO is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in GYDO’s sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to connect Your GYDO account to third party accounts. By connecting Your GYDO account to Your third party account, You acknowledge and agree that You consent to the continuous release of information about You to others (in accordance with You privacy settings on those third party Web Sites). If You do not want information about You to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by GYDO from its offices within the United States of America. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use Services offered through GYDO’s Mobile App and or Web Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless GYDO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Mobile App and or Web Site, any Submissions made by You, Your violation of any Terms, or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. GYDO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with GYDO in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOBILE APP AND/OR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GYDO AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE APP AT ANY TIME.
GYDO AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MOBILE APP AND/OR WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GYDO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF VENUE (MERCHANT) ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYDO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOBILE APP AND OR WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MOBILE APP AND/OR WEBS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GYDO, S Corp. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TERMINATION / ACCESS RESTRICTION
GYDO reserves the right, in its sole discretion, to terminate Your access to the Mobile App and or Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Mobile App and or Site. Use of the Mobile App and or Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and GYDO as a result of this agreement or use of the Mobile App and or Site. GYDO’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GYDO’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the App or information provided to or gathered by GYDO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and GYDO with respect to the Mobile App and or Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GYDO with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
MODIFICATION OF TERMS
GYDO reserves the right, in its sole discretion, to modify the Terms under which Services are offered through the Mobile App and/or Site . The most current version of the Terms will supersede all previous versions. GYDO encourages You to periodically review the Terms to stay informed of its updates.
GYDO welcomes Your questions or comments regarding the Terms:
Carpinteria, California 93013
Email Address: Support@GYDO.me
Telephone Number: (805) 284-5213
Updated June 15, 2019