Terms of Service

The following terms and conditions of use (the "Terms and

Conditions") govern your use of the website www.nipyata.com, which

shall include, without limitation, the home page, splash page, and all

other pages under the same domain name, and all content thereon

(the "Site") as provided by Nipyata, Inc. ("Nipyata" or "we"). We may

change the Terms and Conditions from time to time and at any time

without notice to you, by posting such changes on the Site. BY USING

THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND

CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not

agree to these Terms and Conditions, you may not access or otherwise

use the Site. By using the Site following any modifications to the Terms

and Conditions, you agree to be bound by any such modifications to

the Terms and Conditions. We encourage you to drink responsibly. If

you choose to enjoy adult beverages, you should act like an adult. If

you drink, be a hero and don't drive.

Membership

1. This Site is intended only for the use and enjoyment of persons who

are 21 years of age or older and legally reside in the United States. You

must be 21 years of age or older to access or otherwise use this Site.

Persons under 21 years of age are prohibited from using this Site in

any way. If you consider any material on this Site to be inappropriate

or offensive, please do not visit this Site. 2. You agree to use this Site

for personal purposes and not for commercial purposes. You agree to

have no more than one account and to not sell, trade or transfer that

account to any other person. You agree to comply with these Terms

and Conditions and all applicable law or regulations of the jurisdiction

in which you reside and may be subject. You agree that you will not

interfere with or disrupt the Site or any of the services provided by

Nipyata and that you will not access Nipyata by any other means other

than through the interface provided. 3. In order to access certain

products or services, you may be required to provide information

about yourself as part of the registration process or as part of your

continued use of the Site. You agree that any registration information

you give to Nipyata will always be accurate, correct and up to date. 4.

You agree that you will not reproduce, copy, sell, barter, or trade any

information you access on Nipyata. 5. You agree that you are solely

responsible for any breach of your obligations under the Terms and

Conditions and for the consequences of such breach, including any

loss or damage Nipyata may suffer. You also agree that Nipyata has no

responsibility to you or to any third party for your breach of the Terms

and Conditions and for the consequences of such breach.

Passwords, Privacy and Security

1. You agree that we are not liable for any damages or losses caused

by someone using your account without your permission. However, if

we suffer any damage due to any unauthorized use of your account,

you may be liable. By using this Site, you represent you are qualified

and authorized to use this Site under the account registered. 2. You

acknowledge and agree that you are responsible for maintaining the

accuracy, confidentiality, and privacy of your account information.

Accordingly, you agree to be solely responsible and liable for any and

all activities that occur under your account. If you become aware of

any unauthorized use of account information, you agree to notify us

immediately at contact@nipyata.com. 3. You acknowledge that you

have read, understood and will comply with the terms of our privacy

policy and these Terms and Conditions.

Transactions

1. We rely upon a network of independent vendors, retailers,

manufacturers and other licensed parties (collectively, "Vendors") who

sell the products and services available on Nipyata. Each product or

service listed on Nipyata is not an offer to purchase such product or

service but an invitation to make an offer. You acknowledge and agree

that Nipyata does not sell, offer to sell, invite to sell, or solicit any

offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED,

OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO

RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer,

advertisement or communication is void where prohibited by law. If

you wish to purchase any product or service made available by a

Vendor, you may be asked to supply certain information relevant to

the purchase including, without limitation, your credit card

information, your billing address and your shipping information. You

represent and warrant that you have the legal right and authority to

use any credit card, debit card, gift card, gift certificate or coupon code

utilized in connection with any transaction. By submitting such

information, you grant to Nipyata and to Vendors the right to provide

such information to third parties consistent with our privacy policy and

their privacy policies. If you have any questions regarding a Vendor's

privacy policy, please contact us before purchasing a product. 2. In

connection with each transaction, you represent that you may

purchase and receive the products ordered in compliance with all

applicable laws, including, without limitation, the alcoholic beverage

control laws of the jurisdiction in which you reside, and that such

products will be used only in a lawful manner. By placing an order, you

represent that you are 21 years of age or older and you authorize our

Vendors to act on your behalf to engage a common carrier to deliver

your order where you want it delivered. Sales by certain Vendors are

made at the premises of the Vendor and title passes to you at the

premises of the Vendor. If you have any questions regarding where a

sale is being made, please contact us before purchasing the product.

Nipyata and our Vendors make no representation as to the right of any

person to import any product in to any state. Some state regulations

require a business address for shipment and in those states, you

represent that the address you have provided is a business address. 3.

Nipyata displays suggested retail prices for goods and services

advertised based on pricing information available to us and provided

to us by our Vendors. We make no representation or promise as to the

reliability or accuracy of such information. 4. Despite our best efforts, a

small number of the items on our Site may be mispriced. If an item's

correct price is higher than the stated price, we will, at our discretion,

either contact you for instructions before shipping or cancel your order

and notify you of such cancellation. 5. Any packages that are refused

or unable to be delivered by our common carriers will be returned to

the Vendor at your expense. We will refund to you any product costs

minus shipping costs. 6. All invitations to make an offer for a product

featuring free shipping are invitations to make an offer for a product

that includes the cost of shipping in the price of such product. 7. The

products and services sold on this Site are sold by the Vendors and

subject to their privacy and shipping policies. Due to state regulations,

our Vendors are unable to accept the return of any product purchased

by a customer in error. 8. To meet requested delivery dates, or because of inventory variance, our Vendors may be forced to swap in of like kind Brands of Spirits or Products, of equal or higher MSRP value.

Services

1. Nipyata has affiliated legal entities that may provide services to you

on behalf of Nipyata. You acknowledge and agree that such affiliates

are entitled to provide services to you. 2. Nipyata is constantly

innovating in terms of the services it provides. You acknowledge and

agree that the form and nature of these Terms and Conditions may

change at any time without prior notice to you and acknowledge and

agree to accept the new terms so long as they are updated here.

Intellectual Property

1. You acknowledge and agree that all information (the "Information")

that you have access to may be protected by the intellectual property

rights of Nipyata, our Vendors or third parties. You should not and may

not modify, lease, rent, claim or distribute such Information without

the express written consent of the owner of such Information. 2. As

between you and the Nipyata, we are the owner and/or authorized

user of any trademark, and/or service mark appearing on the Site, and

are the copyright owner or licensee of the content and/or information

on the Site, unless otherwise indicated. Except as otherwise provided

herein, use of the Site does not grant to you a license to any content,

features or materials you may access on the Site. Any commercial use

of the Site is strictly prohibited, except as allowed herein or otherwise

approved by us in writing. If you make other use of the Site, except as

otherwise provided herein, you may violate copyright and other laws

of the United States, other countries, as well as applicable state laws

and may be subject to liability for such unauthorized use. 3. We do not

grant any license or other authorization to any member of our

trademarks, service marks, other copyrightable material or any other

intellectual property, by including them on the Site except as provided

herein. We give you a personal, royalty

exclusive license to use the Site as provided to you by Nipyata. This

license is for the sole purpose of enabling you to use and enjoy the Site

as provided in the manner permitted by these Terms and Conditions.

4. Unless specifically requested, Nipyata does not solicit nor does it

wish to receive any confidential, secret or proprietary information or

other material from you through the Site, any of its services, by e

or in any other way. Any information or material submitted or sent to

Nipyata will be deemed not to be confidential or secret. By submitting

or sending information or other material to Nipyata you represent and

warrant that the information is original from you and that no other

party has any rights to the material. By submitting or sending

information or other material to Nipyata you grant Nipyata the royalty

free, unrestricted, worldwide, perpetual, irrevocable, non

fully sub

publish, translate, create derivative works from, distribute, perform

and display such material (in whole or part) worldwide and/or to

incorporate it in other works in any form, media, or technology now

known or later developed. You also warrant that any "moral rights" in

posted materials have been waived.

DISCLAIMER OF WARRANTIES

1. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,

FUNCTIONS AND MATERIALS IS PROVIDED "AS IS" AND "AS AVAILABLE"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR

INFORMATION, DATA, DATA PROCESSING SERVICES, OR

UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE

AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF

INFORMATION, AND ANY WARRANTIES OF TITLE, NON

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NIPYATA

DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES

OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,

UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE

CORRECTED. NIPYATA MAKES NO WARRANTY THAT THE SITE WILL

MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,

WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIPYATA OR

THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY

MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE

REMEDY IS TO DISCONTINUE USING THE SITE. 2. ANY PRODUCTS OR

SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT

YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF

THE SERVICES AND PRODUCTS.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL NIPYATA OR ANY OF ITS VENDORS, EMPLOYEES,

AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE

FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,

EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR

INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE

SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED

THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR

ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE

PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF

LIABILITY WHATSOEVER EVEN IF NIPYATA OR SUCH INDIVIDUAL HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS

INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU

INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

•

OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP

OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE

CONTENT APPEARS ON THE SITE;

PASSWORD OR ACCOUNT DETAILS SECURE;

PROVIDE ACCURATE ACCOUNT INFORMATION; AND

MADE BY NIPYATA TO OUR SITE OR FOR ANY PERMANENT OR

TEMPORARY CESSATION IN THE PROVISION OF SERVICES. SOME

JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME

OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Credits, Gift Certificates and Invitations

1. We may, from time to time, offer a credit for new

("New Member Credits"). New Member Credits, if any, will be issued by

Nipyata and not our Vendors. New Member Credits may only be

earned after new members that have been invited by a current

member make at least one completed and shipped purchase in the

amount of $25 or more within the first 30 days upon receipt of their

invitation. New Member Credits carry no cash value and can only be

used for purchases on the Site. New Member Credits expire one

month from the date of issue and are non

Credits granted by any other means other than as a result of the initial,

completed and shipped purchase by a new member introduced to

Nipyata for the first time by a referring member are in violation of

these Terms and Conditions. You may not use spam to obtain referral

credits, and you agree not to send invitations to join the Site to people

who are under the age of 21, who do not know you or who are unlikely

to recognize you as a known contact. 2. In addition to New Member

Credits, we may issue or offer credits for returns and gift certificates. If

we choose to offer these, the credits and gift certificates will be issued

by Nipyata and not our Vendors and will carry no cash value and will

expire (if they expire) on the date specified. Credits and certificates are

non

services on the Site. Expired New Member Credits, credits and gift

certificates may not be re

certificate granted in violation of these Terms and Conditions is null

and void and subject to immediate cancellation or termination of all

referral credits or gift certificates. We reserve the right to modify or

amend these Terms and Conditions at any time and the methods by

which special promotions or benefits are offered or earned. 4. You

may not participate in any referral, credit or certificate program if any

applicable laws or regulations prohibit doing so.

Advertising

1. The Site may be supported by advertising revenue. These

advertisements may be targeted to members based on their

membership history. 2. The manner, mode, and extent of advertising

by Nipyata is subject to change without notice. 3. In consideration for

granting you access to and use of the Site, you agree that Nipyata may

place such advertising on the Site.

Links

You acknowledge and agree that we have no responsibility for the

accuracy or availability of information provided by sites to which you

may link from the Site ("Linked Sites"). Links to Linked Sites do not

constitute an endorsement by or association with Nipyata of such sites

or the content, products, advertising or other materials presented on

such sites. Nipyata does not author, edit, or monitor these Linked

Sites. You acknowledge and agree that Nipyata is not responsible or

liable, directly or indirectly, for any damage or loss caused or alleged to

be caused by or in connection with use of or reliance on any such

content, goods or services available on such Linked Sites.

Miscellaneous

1. These Terms and Conditions constitute the whole legal agreement

between you and Nipyata and govern your use of the Site and

completely replace all prior agreements between you and Nipyata in

connection with the Site. 2. You acknowledge and agree that Nipyata

may update these Terms and Conditions or notify you of changes to

the Site by email, regular mail, or updates to the Site. Your continued

use of this Site indicates your acknowledgement and acceptance of

these Terms and Conditions. 3. You acknowledge and agree that each

subsidiary and affiliate of Nipyata shall be third party beneficiaries to

the Terms and Conditions and that such other companies shall be

entitled to directly enforce and rely upon any provision of these Terms

and Conditions which confers a benefit upon them. No other party

shall be a third party beneficiary of the Terms. 4. The Terms and

Conditions and the relationship between you and Nipyata shall be

governed by the laws of the State of New York, without regard to its

conflict of law provisions. You and Nipyata agree that any cause of

action, dispute or claim that may arise between you and Nipyata shall

be commenced and be heard in binding arbitration only. This includes,

but is not limited to:

the relationship between you and Nipyata, whether based in contract,

tort, statute, fraud, misrepresentation or any other legal theory;

claims that arose before this or any prior agreement (including, but not

limited to, claims related to advertising); and

after the termination of these Terms and Conditions. You agree that

you and Nipyata are each waiving the right to trial by jury or to

participate in a class action. You and Nipyata agree that each may

bring claims against the other only in your or its individual capacity,

and not as a plaintiff or class member in any purported class or

representative proceeding. Further, you and Nipyata agree that an

arbitrator may not consolidate more than one person's claims and

may not otherwise preside over any form of a representative or class

proceeding. These Terms and Conditions evidence a transaction in

interstate commerce, and thus, the Federal Arbitration Act governs the

interpretation and enforcement of this provision. This arbitration

provision shall survive termination of these Terms and Conditions. 5.

You and Nipyata each agree to submit to the personal and exclusive

jurisdiction of an impartial arbiter located within

the State of New Jersey. Notwithstanding any other provision herein,

you agree that Nipyata shall still be allowed to apply for injunctive

remedies (or the equivalent type of urgent legal relief) in any

jurisdiction. 6. The failure of Nipyata to exercise or enforce any right or

provision of the Terms and Conditions shall not constitute a waiver of

such right or provision. 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.

You agree that regardless of any statute or law to the contrary, any

claim or cause of action arising out of or related to use of the Services

or the Terms and Conditions must be filed within one (1) year after

such claim or cause of action arose or be forever barred. 7. We control

and operate this Site from our offices in New Jersey. We do not

represent that materials on this Site are appropriate or available for

use in other locations. Persons who choose to access this Site from

other locations do so on their own initiative, and are responsible for

compliance with local laws, if and to the extent local laws are

applicable. 8. When you use this Site, you may purchase a service or

product that is provided by another person or company. Your use of

these other services and products may be subject to separate terms

between you and the company concerned. If so, the Terms and

Conditions do not affect your legal relationship with these other

companies or individuals. 9. You acknowledge and agree that Nipyata

may terminate providing any services or the legal agreement between

you and Nipyata for any reason at any time. If at any time, the

relationship between Nipyata and you ends, the provisions in these

Terms and Conditions set forth in this "Miscellaneous" chapter shall

continue to survive (including the provisions related to arbitration and

venue) and shall be unaffected by the cessation.

Code of Conduct

We continually strive to offer our members a unique and satisfying

experience by curating fine craft spirits and party enhancement

products. Accordingly, we reserve the right to cancel or terminate any

member's account for any violation of our Terms and Conditions. Any

fraudulent behavior, creating multiple accounts, spamming, use of

profanity or abusive language or personal attacks, either on Nipyata or

to Nipyata, our Vendors or any third party, will not be tolerated.

Mobile Terms of Service

NIPYATA!

Last updated: April 11, 2025

The NIPYATA! mobile message service (the "Service") is operated by NIPYATA! (“NIPYATA!”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to NIPYATA!’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of NIPYATA! through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with NIPYATA!. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18337740723 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other NIPYATA! mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18337740723 or email will@nipyata.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.