Terms of service

Please read section 13 carefully. It says most disputes are decided by an individual arbitrator, not a judge or jury, and not as a class action, and it tells you how to opt out.

1. Who you're agreeing with

These terms are an agreement between you and ThePour, LLC, a Nevada limited liability company (“ThePour,” “we,” “us”). They cover the ThePour app, thepour.cards and the cards themselves (together, “ThePour”). By creating an account or using ThePour, you agree to them. Our privacy policy explains how we handle your information and is part of these terms.

Bars that sell ThePour cards also accept our partner agreement in the partner portal. For a bar, that agreement governs anything it covers, and these terms cover everything else.

2. You must be 21 or older

ThePour is only for people 21 and older. By creating an account you confirm that you are. We don't create an account without that confirmation, and we delete any account we learn belongs to someone under 21.

3. Your account

• You sign in with a code we email you. Keep access to that email address secure: anyone who can read it can sign in as you.
• One person per account. Don't create accounts for other people or share yours.
• Your handle must not impersonate anyone, mislead, or be offensive. A handle is licensed to you for use in ThePour, not owned: you can't sell or transfer it, and we may change, remove or reclaim a handle, for example one that breaks these terms, infringes someone's rights or has gone unused.
• You can delete your account at any time, in the app or at thepour.cards/delete-account. The privacy policy says what deletion removes and what it keeps.

4. The cards

• Cards are collectibles. Each printed card carries a code. Scanning it and entering the code under the scratch panel claims the card to your account.
• Our records decide ownership in the app. The ownership history we keep for each card is what the app shows. If two people claim the same card, the dispute process in the app decides it. The current holder is asked whether they traded it, and each side can scan the card to show they have it. We may correct the record if we find an error or misuse.
• No guaranteed value. We don't promise that any card is or will stay rare, valuable or available. Rarity, series and print quantities are ours to set, and describing a card as rare is not a statement about its money value.
• Virtual cards, collected by logging pours, have no serial, can't be traded, and have no cash value.
• Sealed packs are sold only by participating bars, to people 21 and older.

5. Your bar journal

What you log is yours. Your ratings, notes and tasting answers are private to your account, as the privacy policy describes. You give us permission to store and process what you log so we can run ThePour, and to include your pours, never your ratings or notes, in the anonymous statistics the privacy policy describes.

6. The bartender program

• By invitation. Bartender cards are for people who work at a ThePour partner bar. The bar invites you from its partner portal, and you accept in the app, signed in with the email it invited. A bar can end the connection at any time, and so can you; your card and points stay yours.
• We review every card. You make your card and send it to us with Go live. We review it, and every later change, before anyone else sees it. We may decline a card or a change that isn't yours to use, misleads, or breaks these terms, and we'll tell you why. A photo you add must be one you have the right to use.
• Accepting creates your card. When you first accept, we make a virtual card showing the name you choose. By accepting, you give ThePour a worldwide, royalty-free, perpetual licence to use that name, and any image you provide for the card, on that card and to show it in ThePour. A card, once made, may already be in other people's collections, so it continues to exist if you later delete your account. It is then no longer connected to you and no longer appears in search.
• Points. You earn points when patrons credit you with pours logged after you first accepted. You can't earn points from pours you log yourself, or for pours from before you accepted. Points have no cash value, can't be transferred or sold, and can't yet be redeemed. We may change the program, or correct or remove points earned in error or by misuse.

7. Drink responsibly

ThePour is about enjoying cocktails at the bar, not about drinking more. Recipes, histories and suggestions are for information and enjoyment. Nothing in ThePour encourages excessive drinking, and nothing we say about a drink is advice about its safety for you. Ingredients and allergens can vary by bar; ask the bartender. Never drink and drive.

8. What you may not do

• Guess, generate or share card codes, or claim a card you don't hold.
• Log pours that didn't happen, or credit a bartender for one, to earn cards or points.
• Scrape, copy or harvest ThePour's content or other people's data, or use automated means to access ThePour except as we allow.
• Probe, disrupt or bypass ThePour's security, rate limits or access controls.
• Use ThePour to break the law, harass anyone, or impersonate anyone.

We may suspend or close an account that breaks these terms. We'll tell you why unless the law or safety prevents it, and you can write to us if you think we got it wrong.

9. Our content

The card art, text, recipes as we've written them, the app, the website and the ThePour name and marks belong to ThePour or our licensors. We give you a personal, non-transferable licence to use ThePour as these terms allow. Owning a printed card gives you the physical card, not the rights in its artwork or text. Other brand names on cards belong to their owners and appear with permission or as fair reference.

10. Other services

ThePour links to and relies on other services, such as maps for finding bars and app stores for installing the app. Their terms govern your use of them, and we're not responsible for them.

11. Disclaimers

ThePour is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise ThePour will be uninterrupted, error-free, or that any bar, drink, special or event shown is available. Bars are independent businesses and are responsible for what they serve and publish.

12. Limits on liability

To the fullest extent the law allows, ThePour is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Our total liability for any claim about ThePour is limited to the greater of what you paid us in the 12 months before the claim or US $50. Some places don't allow these limits, and then they apply only as far as the law permits.

You agree to indemnify ThePour against claims arising from your breach of these terms or your misuse of ThePour, as far as the law allows.

13. Disputes and arbitration

Talk to us first. Before starting a claim, email hello@thepour.cards describing it, and give us 30 days to try to resolve it.

Arbitration. If we can't resolve it, you and ThePour agree that any dispute about ThePour or these terms is resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, not in court. Either of us may instead bring an individual claim in small-claims court. Either of us may also ask a court to stop infringement of intellectual property.

No class actions. Claims are brought only individually, not as a plaintiff or class member in any class or representative proceeding.

Opting out. You can opt out of this section within 30 days of first accepting these terms by emailing hello@thepour.cards with your name, the email on your account, and a statement that you opt out of arbitration.

Governing law. These terms are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-laws rules. Any claim not subject to arbitration is heard in the state or federal courts located in Nevada, and you and ThePour consent to their jurisdiction. Nothing here removes a protection the law of your state gives you that can't be waived.

14. Changes and ending

We may update these terms. We'll change the date at the top, and if a change is material we'll tell you in the app or by email before it takes effect. Continuing to use ThePour after that means you accept the change. You can stop using ThePour and delete your account at any time. Sections that by their nature should survive, including 4 (ownership records), 6 (the card licence), 9, 11, 12 and 13, survive the end of this agreement.

15. The rest

If any part of these terms can't be enforced, the rest still applies. Our not enforcing a term is not a waiver of it. You may not transfer these terms; we may transfer them with our business. These terms, with the privacy policy and, for bars, the partner agreement, are the whole agreement between us about ThePour.

16. Contact

ThePour, LLC · hello@thepour.cards