TERMS AND CONDITIONS OF THE FLYNN MOBILITY APP AND BUSINESS PORTAL
Summary:
- Users must be 21 years old to download and use the Flynn mobility app. You must provide proof of age to any establishments at which you receive an alcoholic beverage.
- Restaurants and Bars use the Flynn Drink Ticket Generator and Real-time Messaging Engine to make offers and communicate directly to users of the mobility app. They can implement their own redemption rules and have the right to change the messages and to update the drink offers at anytime (But that’s the point, Flynn is real-time communication tool).
- The default setting on the Flynn Drink Ticket Generator is set to 1 drink per user per month. Participating establishments may, however, override the setting by use of the text messages, which are always live.
- Flynn is Free for Businesses and Consumers (Flynn will be funded by advertising and new add-on features).
Fine Print:
The following terms and conditions (“Terms and Conditions”) govern your use of the Flynn mobility app and Flynn business portal. FlynnCity Corp. (“FLYNN” or “we” or “us” or “our” or other similar pronouns) may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the site. BY ACCESSING, USING, OR BROWSING THE FLYNNCITY.COM SITE AND/OR BY DOWNLOADING THE FLYNN MOBILITY APP, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FLYNN and its affiliates, and their directors, officers, representatives, agents, employees, successors and assigns (“Representatives”) provide their services to you subject to the following Terms and Conditions. If you visit or use FLYNN, you accept these Terms and Conditions in full, and agree to be completely bound by them.
COPYRIGHT
The content included on this site, such as images, data complication, software, text, audio, photographs, illustrations, button icons, video, graphics, and logos, is the property of FLYNN or its content suppliers, and protected by United States and international copyright laws. The compilation of all content on this site is the sole property of FLYNN and protected by U.S. and international copyright laws. All software used on this site is the property of FLYNN or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
FLYNN, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FLYNN. FLYNN's trademarks and trade dress may not be used in connection with any product or service that is not FLYNN's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FLYNN. All other trademarks not owned by FLYNN or its Representatives that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FLYNN or its Representatives.
THIRD PARTY WEB SITES
You may be able to link from the FLYNN site to third party web sites and third party web sites may link to the site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FLYNN ON AND "AS IS" AND "AS AVAILABLE" BASIS. FLYNN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLYNN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLYNN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FLYNN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLYNN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. FURTHER, FLYNN WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM E-MAILING OR OTHERWISE COMMUNICATING WITH YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DRINK TICKET POLICY
FLYNN function is to provide only the platform to distribute the drink ticket and offers, participating restaurants and bars input the data directly and communicate directly to the users. Participating establishments may adopt and apply any redemption rules they wish, and may change the offers at any time. It is not FLYNN's legal responsibility to ensure that users of the Flynn app are 21 years old or older, rather it is the responsibility of participating establishments to ensure that the person redeeming the drink ticket is 21 years old or older. FLYNN is not responsible for assuring that drink offers and specials are honored, and drink tickets can be refused or withdrawn at any time by a participating establishment at its sole discretion.
USE RESTRICTIONS
FLYNN grants you a limited, non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FLYNN. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FLYNN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FLYNN and our Representatives without express prior written consent. You may not use any meta tags or any other "hidden text" utilizing FLYNN’s name or trademarks without the express prior written consent of FLYNN. Any unauthorized use terminates the permission or license granted by FLYNN as set forth above. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FLYNN so long as the link does not portray FLYNN, its Representatives, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or otherwise infringes on any intellectual property rights of FLYNN.
TEXTING AND TYPOGRAPHICAL ERRORS
Because FLYNN provides the platform for real time messaging, typing errors will occur frequently. FLYNN does not monitor the text messages posted by participating establishments, nor is FLYNN responsible for the content of the messages.
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the service, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) FLYNN and its Representatives shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on FLYNN nor its Representatives, and (b) any orders placed by you on, and any product specifications and product availability appearing on FLYNN site or any of its Representatives are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
SITE CHANGES AND MODIFICATIONS
FLYNN reserves the right, at its sole discretion, and without prior notice to you, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the site and/or the services offered on or through the site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FLYNN and its Representatives reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
INDEMNIFICATION
There may be some jurisdictions where Flynn is prohibited. It is the responsibility of participating restaurants and bars to make sure that their drink offers and text messages do not violate any applicable laws.
You agree to defend, indemnify on demand and keep FLYNN and its Representatives, indemnified, and hold FLYNN and its Representatives, harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. FLYNN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the FLYNN defense of such claim.
MISCELLANEOUS
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by FLYNN must be made in writing and signed by an authorized representative of FLYNN specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by FLYNN’s successors, assigns and licensees.