Tippl LLC

USER AGREEMENT
This is a legally binding agreement between Licensee (also referred to herein as “you”), and Tippl LLC, a Nebraska limited liability company, hereinafter referred to as the “Company,” regarding your rights to use Product(s) provided directly by the Company or made available through the Company’s Site(s) under this license. “You” refers to the purchasing party, who must be at least twenty-one years of age. The rights granted in this agreement are granted to the purchasing party. Collectively, these rights are considered “extended uses”, and are granted to you, subject to applicable restrictions described below. The license granted is not transferable by you, the Licensee, to other parties.

Introduction & Definitions

“Intellectual Property” means any and all Company Products, copyrights, trademarks, trade secrets, rights of publicity, or any other proprietary rights throughout the world.

“Membership Subscription” means the Company’s membership program which provides to you various discounts, coupons, and marketing incentives from various third party restaurants and or/retail businesses. You acknowledge that the Membership Subscription is granted in exchange for a monthly fee.

“Product” or “Products” or “Company Product(s)” refers to any data, documents, imagery, model, photographs, application and plug-in software, materials, graphics, instructions, audio, videos, or promotional materials sold, provided, or made available for Licensee by the Company. “Product” or “Products” includes any Intellectual Property owned by the Company as defined herein.

“Purchase” is the acquisition of a the Company’s Product by you through Membership Subscription to Company’s membership program, acquisition of materials of products from the Company’s Site(s), or through other means under this agreement, whether as a purchase of the Company’s Product made available at a price or through download made available at no charge.

“Site” or “Sites” refers to the Company website(s), software applications, or any approved means or utility either currently in existence or in the future; the software and source code used by the Company to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports; and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

Subscription

We (Tippl, LLC) have partnered with local restaurants and bars to offer our subscribers a free drink whenever they visit a Tippl-affiliated location. Subscribers can redeem one drink a day at one Tippl-affiliated establishment; and twice per month at the same location.

The subscription is as follows: $0.99 for the first month, then followed by $4.99 every month following. This means that the subscription is $0.99 per month for a one month duration (introductory price) for a subscription with a standard renewal price of $4.99 a month. Once the duration (1st month) is over, subscribers are automatically billed at the standard renewal price.

A purchase will be applied to your iTunes account on confirmation.

Subscriptions will automatically renew unless canceled within 24 hours before the end of the current period. You can cancel at any time from your iTunes account or from the app.

Terms may be found at: www.tippldrinking.com/terms

License Rights

Ownership. The Company does not grant title or ownership in the Product(s). All rights in the Product(s) not expressly granted in this agreement are reserved by the Company for itself and its licensors.

Rights Granted. The Company grants to you a non-exclusive, individual right and license to utilize the licensed Product(s) for the Licensee’s personal use. This license DOES NOT grant Licensee any right to reproduce, transmit, sell, convey, or otherwise distribute to third parties by any means.

The Company does not in any way make any representations or warranties about Other-Party Intellectual Property associated with the Product(s).

The Company is not in any way responsible for verification of age of members when trying to redeem for an alcoholic beverage.

The Company is not responsible for discretion of locations honoring Company Products for Membership Subscription.

Restrictions on Permitted Uses.

You may NOT publish or distribute any data or imagery obtained under this License in any manner including, for example, as part of an online marketplace for photography, clip art, or design templates.

You may NOT use any data or imagery obtained under this License in any commercial matter or for individual or group profit.

Unauthorized Use. If you use the Company’s Product(s) in an unauthorized way, the Company may terminate your account and pursue other penalties, damages, losses, and profits to which the Company is entitled to under this agreement or at law or equity. Unauthorized and prohibited uses include but are not limited to the following:

Competition. You may NOT use Company Product(s) in a way that competes with the Site or with the Company or Company’s Product(s) themselves.

Re-Distribution. You may NOT re-distribute, publish, or make Company Product(s) available to any third party.

You may NOT publish, distribute, or make Company Product(s) available through any online marketplace or other distribution channel.

No Unlawful Use. You may NOT use Products for any unlawful purpose or in any way which infringes upon any party’s Intellectual Property rights.

False Attribution. You may NOT misrepresent yourself as the creator of Company Product(s).

Payment – No Refund Policy; License Term; and Termination

Payment – No Refund Policy. Upon payment for Company Product(s), Company has a strict no refund policy and you are not entitled to a refund of moneys paid for Company Product(s) under any circumstances.

Term. Your individual right and license to Company Product(s) is in effect during the time in which you have an active Membership Subscription in the Company’s membership program, unless terminated as described herein.

Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, you and any recipients of Company Product(s) must cease use of and destroy all copies of Company Product(s).

Your right and license to Company Product(s) are contingent on your subscription in Company’s membership program or through purchase of Company Product(s). Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:

The Company receives a charge back notice from your bank or credit card cancelling your Purchase and withdrawing the funds used for your Purchase.

The Company determines in its sole discretion that your Purchase was fraudulent.

Your purchase was made with dishonored funds.

Your purchase was made and there is a bank transfer failure.

Failure to Abide by the License Grant. Material failure to abide by the terms of this agreement immediately terminates your right and license to Company Product(s). If you detect a violation of the license grant by you or any recipient of shared Company Product(s), and promptly report the violation to the Company, the Company will make a good faith effort to find an appropriate remedy to preserve your license grant.

Warranties

You covenant, represent, and warrant to the Company that:

You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel at your discretion.

You will not use Company Product(s) except pursuant to the terms of this agreement. Should you use Company Product(s) in an unauthorized way, you agree to any reasonable fee or penalty exercised by the Company under this agreement or applicable law.

Limitation of Liability

Company Product(s) are provided on an “as is”, “as available”, and “with all faults” basis. The Company makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of Company Product(s), and does not guarantee the accuracy or completeness of specifications associated with Company Product(s).

The Company disclaims all express or implied conditions, representations, and warranties of any kind regarding Company Product(s), including any implied warranty or condition of merchantability.

You assume all risk for any damage to your phone or electronic device, computer system(s) and/or network(s) for any damage to your computer system(s) and/or network(s) by obtaining Company Product(s), including any damages resulting from computer viruses.

To the fullest extent permitted by law, Company shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Company Product(s), even if Company has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.

You agree to indemnify and hold Company and its subsidiaries, affiliates, owners, officers, directors, agents, licensors, suppliers, members, other partners, employees and representatives (“Company Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the Company Product(s).

The Company is not in any way responsible for verification of age of members when trying to redeem for an alcoholic beverage.

The Company is not responsible for discretion of locations honoring Company Product(s) for Membership Subscription.