TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access or use of Cheers (“Cheers”) services, content, mobile applications or websites (“Services”). These Services are provided by JDay Apps, LLC (“JDay Apps” or the “Company”). By accessing and using the Services, you accept and agree to be bound by these Terms. Your use of the Services binds you to these Terms whether or not you create a Cheers account. These Terms affect your legal rights and obligations. If you do not agree to be bound by these terms, do not access or use these Services. The term “Cheers” used in connection with the Services is a registered trademark of the Company and is also Copyright protected. The terms “JDay Apps” and “Company” shall also include their subsidiaries, affiliates, and its and their officers, agents, partners, directors, and employees.


BASIC TERMS

Cheers’s Services are intended for adults of legal drinking age who wish to try new drinks, get information about alcoholic beverages, or learn about the bartending profession. All content within these Services is intended for entertainment purposes only. You are solely responsible for your use of these Services and any consequences thereof, including any content you submit or post.


The Company does not advocate illegal, improper or excessive use of alcohol or alcoholic beverages, nor does the Company promote underage drinking, binge drinking, alcoholism, hazing, drinking and driving, or any other form of alcohol abuse.


The Company does not take responsibility for any effects on you or others of the drink recipes or content within the Services provided. Much of the content is provided by users of these Services and has not been approved or tested by the Company in any way. Your use of this content is solely at your own risk.


DO NOT drink alcohol and drive nor drink excessively. Consumption of alcohol can have myriad negative effects on your health and well-being, up to and including death, and should be used responsibly at all times. DO NOT use or view our content on a mobile device in any way that would inhibit your ability to comply with traffic laws and all forms of safety in all jurisdictions.


Please also read the Cheers Privacy Policy. If you do not agree to be bound by these Terms as well as our Privacy Policy, you should discontinue use of these Services immediately. Your continued use of these Services indicates your acceptance of these Terms and our Privacy Policy.


CONTENT

The Cheers Services contain content predominantly generated and provided by users, including but not limited to drink recipes, comments, photos and user names. We may review this content periodically to determine whether any content is illegal or violates our policies. We reserve the right to remove or refuse to display any content at any time. We also reserve the right to revoke any account without warning or refund at any time, for any reason. This does not necessarily mean that we are reviewing content on any regular basis, so do not assume that we do. Users are able to report content to us that may be inappropriate or may fall outside these Terms. By using our Services, you waive any liability against the Company for any loss you may incur related to the Services and its content.


The Company does not claim ownership of any content that you post on or through our Services. When you submit content to our Services, you specifically grant the Company and its partners a royalty-free, non-exclusive, worldwide license to use, host, store, modify, reproduce, create derivative works, communicate, transmit, publish, publicly perform, publicly display, or translate into other languages, or distribute that content.


You agree not to submit any content to our Services (photos, for example) that you do not have the proper legal authorization to claim as your own. We strongly suggest using your own photos rather than using existing photos that you might find online. Any content found in violation of copyright laws will be removed by us immediately. Repeat offenses may result in termination of your account.


You acknowledge that we may not always specifically or explicitly identify paid services, sponsored content, or commercial content within our Services.


CHEERS ACCOUNTS

You are solely responsible for any and all activity that occurs through your account, including a guest account on your personal mobile device or handheld computer. Except where legally and expressly authorized on behalf of a business, you agree not to create an account for anyone other than yourself. You also represent that all information you provide in the account registration process is true and accurate, and you agree to update this information as appropriate to maintain its truth and accuracy.


You are solely responsible for maintaining a secret and secure password. If you believe your account has been compromised, it is your responsibility to take action immediately by changing or resetting your password, or contacting us for assistance in doing so.


For convenience, you have the option of logging in and creating a Cheers account that is tied to your Facebook, Google+, or Twitter accounts. For more information regarding what account information we access from these services on your behalf, please refer to our Privacy Policy. We will not access any of your personal information without your explicit prior approval.


USE OF OUR SERVICES

You agree not to solicit login information or access any account that is not your own.


You agree not to consolidate or collect any users’ content or information from our website or mobile applications.


You agree not to bully, harass, stalk, impersonate, or intimidate any other user.


You agree not to spam any other user.


You agree not to post anything containing or alluding to: hate speech; threatening material; pornographic material; violence; nudity; excessive alcohol consumption; unsafe alcohol consumption; underage alcohol consumption; or drinking and driving.


You agree not to use our Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of our Services and its and your content, including but not limited to trademark and copyright laws.


You agree not to submit any alcohol advertising that is not in compliance with local alcohol related laws (for example, advertising the price of alcohol or an alcoholic beverage where prohibited by law).


You agree not to do anything that interferes, disables, impairs, or overburdens our Services.


You agree not to access our private APIs by any means other than those intended and made available within our mobile application.


You understand that the Company intends for our Services to be online and available as much as possible, but there will be occasions when our Service may be interrupted (for example, scheduled maintenance, unscheduled maintenance, upgrades, emergency repairs, or failure of telecommunications equipment).


You agree that if you violate the letter or the spirit of these Terms, that violation may result in immediate termination of your Cheers account, without warning and without any refund for your paid subscription or other purchase in which payment was made for use of our Services. A violation may also result in an email address and or IP address ban from our Services, in which case you will not be eligible to create any further accounts.


GENERAL CONDITIONS

JDay Apps gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you as part of the Cheers Services. This license exists for the sole purpose of providing you the ability to use and enjoy our Services in the manner permitted by these Terms. You do not have the right to copy or create any derivative works from the Company software.


All right, title, and interest in and to the Services, except for content provided by users, are and will remain the exclusive property of JDay Apps and its licensors. Our Services are protected by copyright, trademark, and other laws of both in the United States and foreign countries. Nothing in these Terms gives you a right to use the Cheers name or any Cheers trademarks, logos, domain names, or other distinctive brand features. Nothing in these Terms gives you a right to use the JDay Apps, LLC name or trademarks, logos, domain names, or other distinctive brand features.


GOOGLE MAPS AND GOOGLE PLACES APIS

Our Services contain location data which uses the Google Maps and Google Places APIs. By using our Services, you also agree to be bound by Google’s Terms of Use which are available at: http://www.google.com/intl/en/policies/terms/.


MODIFYING AND TERMINATING SERVICES

We reserve the right to modify our Services or your access to our Services at any time, for any reason, without notice, and without any liability to you. We will, however, make a reasonable effort to contact you via the email address associated with your account, should this occur. You can request to terminate your account at any time by sending a request to accounts@cheersmobileapp.com. If you terminate your account, any content you have shared may still persist and show within our Services, or on other social networks where our users may have shared your content.


Upon termination, all licenses and other rights granted to you in these Terms will cease immediately.


WARRANTIES AND DISCLAIMERS

Your access and use of our Services or any content contained within are at your own risk. You understand and agree that our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.


NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT THE WARRANTY OR LIABILITY OF JDAY APPS, LLC FOR LOSSES THAT 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 CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND JDAY APPS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JDAY APPS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JDAY APPS, LLC EXCEED THE AMOUNT YOU PAID US TO USE THESE SERVICES.


THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, COMMON LAW, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE; ANY LOSS OR PROFIT (INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, AND WHETHER OR NOT JDAY APPS, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.


INDEMNIFICATION, HOLD HARMLESS AND ATTORNEYS' FEES

You hereby agree to indemnify and hold harmless JDay Apps, LLC, its subsidiaries, affiliates, and its and their officers, agents, partners, directors, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees made by any party due to or arising from your breach of or failure to comply with these Terms, your use of any of the Cheers content, any content you post on our Services, and any violation of any law or regulation by you. If the Company, at its sole discretion, decides to sue you for any violation of the Terms of Services or Privacy Policy or both, it will be entitled to its reasonable attorney’s fees and costs of suit if the court determines the Company is the prevailing party to the litigation.


AMENDMENT

We may revise these Terms from time to time, with or without notification to you. If we deem the change material, we will notify you via the email address associated with your account. By continuing use of our Services after such an amendment becomes effective, you agree to be bound by the revised Terms.


ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other guidelines or rules that are separately posted for particular services or offerings within our Services, collectively contain the entire agreement between you and the Company regarding the use of our Services. These Terms supersede any previous agreement between you and the Company. If any court of law that has jurisdiction, rules that any provision of these Terms is invalid, that provision will be removed without affecting any of the other Terms contained herein.


Any waiver of any provision of these Terms will only be effective if expressly stated in a signed document by JDay Apps, LLC.


These Services and Terms are provided by JDay Apps, LLC, 15438 Gossoms Store Ct., Haymarket, VA 20169. These Terms were written in English (US). To the extent that any translation of these Terms conflicts with the English version, the English version controls. For any questions regarding these Terms, please contact us.