1.  Introduction

Thank you for visiting Pombe and, if applicable, downloading and/or installing our App.  Please read these Terms of Service and our Privacy Policy carefully as you must agree to both documents in order to have permission to use our Service.

2.  Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them.  The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“App” refers to our mobile software application;

“Pombe” refers to our company, known as “Pombe LLC”; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide, including our Site and our App;

“Site” refers to our website, www.pombe.com, pombe.comp0m.be, or about.pombe.com;

“User” refers to anyone who uses our Service, including general visitors to our Site;

“You” refers to you, the person who is entering into this Agreement with Pombe.

3.  How Pombe Works

Pombe is currently targeted at sellers and consumers of craft beer.  Our Service is designed to notify Users of when their favorite beers go on tap or are released in store.  Additionally, our Service will use an iBeacon to permit consumers to check into restaurants so that owners of those restaurants are informed of how long consumers are in those restaurants.  Our Service will also permit Users to discover more information about each other via Facebook.  At this time, our Service is designed for craft beer and restaurants, but we may expand it to apply to other beverages and venues in the future.

4.  Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Pombe, and yourself.  For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be the minimum age required to enter into a contract and purchase alcohol in the area in which you reside and, in any event, must not be less than 18 years of age.
  • You must not sign up on behalf of a natural person other than yourself.
  • You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement and you hereby warrant that you are binding both that person and yourself to this Agreement and that both of you shall be jointly and severally liable to Pombe for any duties imposed under, or breaches of, this Agreement.
  • You must agree that we may create your account using OAuth/OpenID Connect.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5.  Nature of Service

Pombe is provided to facilitate information sharing and customer service between consumers and members of the beverage industry and hospitality business.  However, Pombe may not be appropriate for your purposes, and in any event, Pombe does not endorse any of its Users unless otherwise stated.  You therefore agree to release Pombe from any liability relating to the actions of any other User who may use our Service and you are advised to not enter into relations with any other party any differently than you would if you were not a User of Pombe.

6.  Rules of Use

You must not:

  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Pombe or its delegates.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Sell alcohol to minors or in violation of any licensing conditions imposed upon you, or promote the consumption of such unauthorized sale or consumption.
  • Rate, review, or otherwise assess any business or beer where a reasonable person would believe that there could be an appearance of bias on your part, including rating your own business or beer or that of a competitor.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Pombe Site, Service, or its Users’ computers.
  • Do anything else which could bring Pombe into disrepute or violate the rights of any person.

Pombe reserves the right to block, edit, delete, or otherwise exercise editorial discretion to ensure that the rules contained in this section of this Agreement are followed.

7.  Payment and Refunds

Payment may be made by means of credit card, PayPal or purchase order.  Unless otherwise stated, all prices are listed in United States dollars.  Rebilling will be conducted at thirty day intervals.  In the event that you are offered a free trial period, you will be billed immediately upon the expiration of such a trial period.  Because our Service is intangible, you may cancel your subscription at any time but no refunds will be permitted, even on a pro rata basis.  Additional terms surrounding payment may be located on our Site or communicated to you directly and are hereby incorporated into this Agreement by reference.

8.  Chargebacks, Credit Card Cancellations, and PayPal Disputes

Where a User conducts a chargeback or PayPal dispute against Pombe, such User shall be liable to Pombe for the full amount reversed as a result of such chargeback or PayPal dispute, as well as all reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Pombe in its enforcement of its rights under this section.

Users are responsible for ensuring that their payment methods are able to be charged on time and as required.  Should a User’s payment not be charged due to a credit card or PayPal account transaction being declined, Pombe may choose to inform the User of the problem and give the User time to correct the error, but is under no obligation to do so and may terminate such a User’s account immediately and delete all associated User data without notice.

9.  Authority to Release Information

Pombe may share data about consumer trends and other information with businesses and other interested parties.  You agree that we may share such information for commercial and non-commercial purposes without notification or remuneration o you.

10. Third Party Charges

Because our App is a mobile software application, your mobile carrier may assess data, text messaging, or other charges against you while using all or some features of our App or our App in general.  You agree that Pombe is not responsible for any such charges and you are advised to contact your mobile carrier to ensure that you are fully aware of the cost of using our Service.

11.  Limited License

The Pombe App is offered on a licensed basis.  By downloading and/or installing our App, you are agreeing to be granted a revocable license to use our Service for your own personal purposes.  You agree not to attempt to reverse engineer, resell, copy, or otherwise tamper with or distribute our Service.

We may revoke this license to you at any time without compensation.  You agree that upon receiving notice of such revocation, you will make all reasonable efforts to remove any of our proprietary files from your hardware or any hardware under your control.

12.  Our Copyright

Pombe values its copyright as it distinguishes us from third party competitors.  You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information made available through the Service—including third party-owned content—without receiving our prior written permission or that of the relevant copyright holder.

13.  Your Copyright

Pombe must be assured that it has the right to use the content that is published through its Service by its Users.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our Service, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

14.  Trademarks

“Pombe” is a mark used by us, Pombe LLC, to uniquely identify our Site, App, Service, and business.  You agree not to use this phrase anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

15.  Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

16.  Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at hello@pombe.com.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

17.  Communications Decency Act

Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content published through our Service.  Although we are not liable for defamatory words published through our Service by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User.  Please notify us at hello@pombe.com if any of our Users have posted anything that you believe is defamatory.

18.  Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INJURY OR LOSS SUFFERED BY YOU AS A RESULT—IN WHOLE OR IN PART—OF THE ACTIONS OF ANY OTHER USER.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

19.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

20.  Choice of Law

This Agreement shall be governed by the laws in force in the State of Michigan.  The offer and acceptance of this contract are deemed to have occurred in the State of Michigan.

21.  Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Michigan.  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of Michigan (“Small Claims Court”) in accordance with MCL 600.8401 through MCL 600.8427, MCL 600.8302, MCR 4.301 through MCR 4.306, and all other applicable legislation.

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.  At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

22.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

23.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Pombe shall have the sole right to elect which provision remains in force.

24.  Non-Waiver

Pombe reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

25.  Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

26.  Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

27.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page accordingly and require that you accept the amendments as a condition of your continued use of our Service.

28.  California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Pombe must be addressed to our agent for notice and sent via certified mail to that agent.  For our agent’s most current contact information, please send a request to hello@pombe.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified:  March 15, 2014