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| Created By | Ashwin Kiran |
| Chief Architect | Scott Saunders |
Privacy Policy |
Terms of Service |
Thank you,
The Drink Up Downtown Team
This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our websites, emails, and mobile applications ("Site"). The terms "we", "us", and "Drink Up Downtown" refer to Drink Up Downtown, LLC, an LLC registered in Indiana, and headquartered in Seattle, WA ("Drink Up Downtown LLC"). When you use the Site, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.
We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of information about you and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.
All documents related to this Privacy Policy, including Terms of Service, Acceptable Use Policy, and Infringement Policy are available here.
We may store the information you submit to or through the Site, as well as information we collect in connection with your use of the Site.
We use the information to fulfill your requests, provide the Site's functionality, improve the Site's quality, personalize your experience, track usage of the Site, provide feedback to businesses that are listed on the Site, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Site, and comply with legal obligations.
Among the information we collect, please note:
We, and third parties with whom we partner, may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), and similar technology in connection with your use of the Site and third party websites ("Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
Types of Cookies used on the Site include:
| Category of Use | Explanation |
|---|---|
| Processes | Intended to make the Site work in the way you expect it to. For example, we use a Cookie that tells us whether you have already signed up for an account. |
| Authentication, Security, and Compliance | Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in. |
| Preferences | Intended to remember information about how you prefer the site to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone's geolocation data. |
| Notifications | Intended to allow notice of information or options that we think could improve your use of the site. For example, we use a Cookie that allows us to stop showing you the signup notification if you have already seen it. |
| Advertising | Intended to make advertising more relevant to users and more valuable to advertisers. For example, we use a Cookie that tells us if you have recently clicked on an ad. |
| Analytics | Intended to help us understand how visitors use the Site. For example, we use a Cookie that tells us how our search suggestions correlate to your interaction with the search page. |
Managing Cookies:
It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect your ability to use the Site. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.
We may share information about you with third parties as follows:
Other users may be able to identify you, or associate you with your account if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site. Users can also use the Member Search feature to find one another based on their names or email addresses.
Please also note that the messages you send or receive using the Site are only private to the extent that both you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your messages publicly posts it or its contents. Similarly, Drink Up Downtown may also access such messages in the course of investigations relating to Site use.
The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you believe that Drink Up Downtown has not adhered to this Privacy Policy you may contact us online by clicking here.
These terms and conditions (the "Terms") govern your access to and use of Drink Up Downtown's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Drink Up Downtown, LLC, an LLC registered in Indiana, and headquartered in Seattle, WA ("Drink Up Downtown LLC"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Drink Up Downtown.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Drink Up Downtown Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Drink Up Downtown or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Drink Up Downtown Content.
Drink Up Downtown reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website here. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
All documents related to this Terms of Service, including Privacy Policy, Acceptable Use Policy, and Infringement Policy are available here.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Drink Up Downtown, and any inconsistencies among the different versions will be resolved in favor of the English version.
Access to Drink Up Downtown Web sites is restricted to people of legal drinking age, including access to all advertising and marketing information on the sites.
The Drink Up Downtown Web sites are intended only for persons of legal drinking age. Date of birth verification is required at the entrance of the Web site and age verification prompts may also be located within the Web sites. If someone under the legal drinking age has provided us with personal information by obtaining access in violation of the Web site access restrictions, Drink Up Downtown asks that the parent or guardian of that person contact us here to request removal of the information from our records. Upon receiving your request, we will promptly remove such information from our records.
You may use our Products only if you can form a binding contract with Drink Up Downtown, and only in compliance with these Terms and all applicable laws. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. When you create your Drink Up Downtown account, you must provide us with accurate and complete information.
Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Subject to these Terms and our policies (including our Acceptable Use Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Please read our Privacy Policy for more information.
You must obtain Drink Up Downtown's permission to link this Web site to your Web site. Drink Up Downtown will only authorize links to sites when the majority of the actual audience of the site is 21 years of age or older.
We offer products that commercial establishments can use to offer Drink Up Downtown's features and functionality to their users. You agree to use Site Features only as documented by Drink Up Downtown, and in compliance with our policies and branding guidelines. You may not place Site Features on a site or service with content that would violate these Terms if displayed on our Products. You also agree that the Drink Up Downtown features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorized by Drink Up Downtown.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Drink Up Downtown.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Drink Up Downtown and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Drink Up Downtown, you own Your Content. We own the Drink Up Downtown Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Drink Up Downtown Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Drink Up Downtown Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Drink Up Downtown Content are retained by us.
Drink Up Downtown and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Drink Up Downtown) does not necessarily reflect the opinion of Drink Up Downtown. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Acceptable Use Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Acceptable Use Policy.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to:
Please see our Infringement Policy for information about copyright and trademark disputes.
If you create a business owner's account on the Site or purchase advertising from Drink Up Downtown, the Drink Up Downtown Advertising Agreement will apply. In the event of any conflict between the Drink Up Downtown Advertising Agreement and these Terms, the Drink Up Downtown Advertising Agreement will prevail.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that:
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Drink Up Downtown. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Drink Up Downtown, you do so at your own risk and you agree that Drink Up Downtown will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to indemnify, defend, and hold Drink Up Downtown, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Drink Up Downtown Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:
Drink Up Downtown reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Drink Up Downtown. Drink Up Downtown will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Please read this section carefully since it limits the liability of the Drink Up Downtown Entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
The site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Drink Up Downtown Entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The Drink Up Downtown Entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Drink Up Downtown Entities are not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the site.
The Drink Up Downtown Entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the Drink Up Downtown Entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
The Drink Up Downtown Entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Drink Up Downtown Entities shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
The Drink Up Downtown Entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of (i) the amount paid, if any, by you to the Drink Up Downtown Entities in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) $100.
The Drink Up Downtown Entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
Indiana law will govern these terms, as well as any claim, cause of action or dispute that might arise between you and Drink Up Downtown (a "claim"), without regard to conflict of law provisions. 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 Marion County, Indiana.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Drink Up Downtown with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.