Last updated on August 30th, 2018

GrapeGasm.com (“GrapeGasm.com”, “GrapeGasm”, “we”, “us” and terms of similar meaning) provides this website (this site and any applications or other software provided by GrapeGasm, for use with the site or otherwise, collectively, the “Site”) to you subject to these terms of use (these “Terms”). In these Terms we describe users of the Site, whether registered or not, as “Users”.

Please read these Terms carefully before using the Site and App. By accessing, using or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

IMPORTANTLY THIS APP CONTAINS REFERENCE TO ALCOHOL AND SO PLEASE BE AWARE THAT BY BOTH STATE AND U.S. FEDERAL LAW YOU HAVE TO BE OF LEGAL DRINKING AGE (+21 YEARS) TO USE THE APP. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE OR FRAUDULENT FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

IF YOU ARE NOT 21 YEARS OF AGE OR OLDER OR IF YOU ARE A MINOR, YOU MAY NOT USE THE SITE.

GrapeGasm may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address hello@theGrapeGasmapp.co.

The various services we provide through the Site (collectively, “Services”) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

  1. Privacy Policy

Please refer to GrapeGasm’s privacy policy, available at https://www.grapegasm.com/privacy-policy/ (the “Privacy Policy”) for information on how GrapeGasm collects, uses and discloses personal information from Users of the Site. By using the Site you agree to our use, collection and disclosure of personal information in accordance with the Privacy Policy.

  1. Registration Data; Account Security

If you register for an account on the Site, you agree to:

  1. provide accurate, current, and complete information as may be prompted by any registration forms on the Site (“Registration Data”);
  2. maintain the security of your password;
  3. maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
  4. accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.
  5. use this site for personal purposes and not for commercial purposes.
  6. to have no more than one account, and to not sell, trade or transfer that account to any other person, or access GrapeGasm by any other means other than through the interface provided publicly.

You are responsible for all activity on your Site account. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery page where you will be asked for the email address associated with the account. If the email address is valid, a key will be emailed to the email account which may be clicked on to restore or reset the account password.

You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage GrapeGasm may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately at hello@theGrapeGasmapp.co

  1. Fees; Charges; Taxes

GrapeGasm does not charge for subscribing to our Site.  Merchandise is available for purchase in the commerce section of the Site.  Purchasing terms, taxes, merchandise costs and shipping costs are disclosed before sales are processed.

GrapeGasm is a “3rd Party Vendor Marketing Servicer”.  We do not supply or ship merchandise.    The supplying vendors are responsible for all purchasing terms, taxes, merchandise costs, shipping costs, shipping laws and regulations, refunds, deliveries, and quality of products.   GrapeGasm will provide you with the supplying vendors’ contact information incase of any questions or concerns with merchandise.

Your credit card information is processed and securely stored by our partner PAYPAL (the “Payment Processor”), one of the leading companies in online and mobile app payment processing. GrapeGasm does not store any of your credit card information. The processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor in addition to the Terms here.

  1. Private Membership Organization

GrapeGasm is a private membership organization and your Membership is a privilege and not a guarantee. GrapeGasm reserves the right to terminate your Membership with or without cause at any time. The Site and GrapeGasm services are proprietary and protected by intellectual property and other laws, including applicable Singapore and international patents, trademarks and copyrights. Your use of the Site and GrapeGasm services are subject to you following all Membership rules and acceptable behaviour and conduct, as well as all applicable local, state and federal laws and regulations.

By using the Site, you agree:

  1. To comply with local laws and regulation;
  2. Not to use the Site or GrapeGasm services at Venues if you are under 21;
  3. Not to maintain more than One (1) account per person;
  4. Not to access the Site or GrapeGasm services using a 3rd party membership account;
  5. Not to use the Site for illegal purposes;
  6. Not to commit any acts of infringement on the Site;
  7. Not to use the Site to engage in any commercial activities;
  8. Not to copy any content for republication in print or online;
  9. Not to create disruption or interfere with another person’s use and enjoyment of the Site;
  10. Not to upload or transit viruses or other harmful files that disrupt or violate the security of the Site or any GrapeGasm services.
  1. Links to other Sites

The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. GrapeGasm does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. GrapeGasm provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply GrapeGasm’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. GrapeGasm accepts no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  1. Advertisements and Promotions

GrapeGasm may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GrapeGasm, and any Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GrapeGasm is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

  1. Warranty Disclaimer; Limitation of Liability; Indemnity

DISCLAIMER.

THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. GRAPEGASM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GRAPEGASM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

WHILE GRAPEGASM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, GRAPEGASM DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE CONTENT OR ANY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AS A RESULT OF MALICIOUS ATTACKS FROM THIRD PARTY.

LIMITATION OF LIABILITY.

GRAPEGASM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GRAPEGASM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU USE THE SITE, THE CONTENT AND THE SERVICES ENTIRELY AT YOUR OWN RISK.

INDEMNITY.

You agree to indemnify and hold GrapeGasm, its officers, directors, employees, and agents harmless from any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services and from the use of the Site by any person to whom you give access to your account; (ii) your breach or violation of any of these Terms; (iii) The GrapeGasmper’s use of your User Content; or (iv) your violation of the rights of any third party, including Intellectual Property rights and Third Party Providers.

  1. Applicable Law and Venue

You and GrapeGasm explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of The Republic of Singapore applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to:

  1. these Terms;
  2. the Site, the Services or Content;
  3. oral or written statements, advertisements or promotions relating to these Terms or to the Site; or
  4. the relationships that result from these Terms, the Site, the Services, or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against The GrapeGasmper related to any Claim and, where applicable, you also agree to opt out of any class proceedings against The GrapeGasmper. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

  1. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, GrapeGasm reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

  1. terminate your license to use the Site, or any portion thereof;
  2. block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
  3. change, suspend or discontinue any aspect of the Site, the Services or Content; and
  4. impose limits on the Site, the Services or Content.
  1. Termination of Terms

GrapeGasm may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time. When your GrapeGasm account is deactivated, any prepaid premium services shall remain in effect until the end of the original term.

  1. Electronic Contracting and Notice

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

  1. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and GrapeGasm regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and GrapeGasm regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

  1. Questions and Comments

If you have any questions regarding these Terms or your use of the Site, please contact us at:

admin@grapegasm.com

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