Terms of Service
1. Acceptance
These Terms of Service ("Terms") govern your use of 5PM NYC (the "Service"), operated at 5pm.nyc and through associated mobile apps. By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. What 5PM NYC Is
5PM NYC is an independent guide to happy hour pricing and schedules at bars and restaurants in New York City. We aggregate data from public sources, bar websites, bar owner submissions, and user reports. The Service is provided free of charge.
3. Accounts
- You must be 21 years or older to create an account, consistent with the legal drinking age in New York.
- You are responsible for keeping your login credentials secure and for any activity under your account.
- You agree to provide accurate information when registering, including a valid email address.
- You may delete your account at any time from in-app settings or at 5pm.nyc/account-deletion.
- We may suspend or terminate accounts that violate these Terms, with or without notice.
4. User Content
"User Content" includes anything you submit: lists, bar crawl plans, profile info, list names and descriptions, bar reports, photos, and any other content you create or share through the Service.
- You retain ownership of your User Content.
- You grant 5PM NYC a worldwide, non-exclusive, royalty-free license to host, display, distribute, and modify your User Content as needed to operate the Service, including showing your content to your friends or, if you choose public visibility, to anyone.
- You represent that you have the rights to all User Content you submit and that it does not infringe anyone's rights or violate any law.
- We may remove User Content that violates these Terms or that we determine is harmful, without notice.
5. Acceptable Use
You agree not to:
- Harass, threaten, or intimidate other users
- Post content that is unlawful, defamatory, obscene, or violates intellectual property rights
- Impersonate any person or misrepresent your affiliation with any person or bar
- Scrape, harvest, or programmatically collect data from the Service except as permitted by our robots.txt
- Use the Service to send spam, advertise products, or solicit users for commercial purposes without our permission
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or its servers
- Submit false or misleading bar information
6. Bar Information Disclaimer
Happy hour pricing, hours, and deals change frequently and without notice. We make reasonable efforts to keep information accurate but cannot guarantee it. Always confirm pricing and hours with the bar before relying on them. 5PM NYC is not responsible for inaccurate information, expired deals, or any decisions you make based on information found on the Service.
5PM NYC does not sell alcohol. We do not collect commissions from bars listed on the Service. We are an independent guide and do not endorse, recommend, or have any business relationship with bars unless explicitly stated.
7. Responsible Drinking
Drink responsibly. Do not drink and drive. The Service may not be used by anyone under 21 years of age. If you or someone you know has a drinking problem, contact the SAMHSA National Helpline at 1-800-662-4357.
8. Intellectual Property
The 5PM NYC name, logo, and brand are owned by us. You may not use them without our permission. The Service's code, design, and aggregated bar data are protected by copyright. You may link to individual pages on the Service but may not copy or republish substantial portions without permission.
9. Third-Party Services
The Service uses third-party services including Supabase (database and authentication), Netlify (hosting), Google Maps (mapping), Google Analytics, Sign in with Apple, and Sign in with Google. Your use of these services is also governed by their respective terms.
10. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, for any reason, including violation of these Terms.
11. Disclaimer of Warranties
The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.
12. Limitation of Liability
To the maximum extent permitted by law, 5PM NYC and its operators are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service. Our total liability for any claim related to the Service is limited to the amount you paid us in the past 12 months, which for free use is $0.
13. Indemnification
You agree to indemnify and hold harmless 5PM NYC and its operators from any claims, damages, or expenses arising from your User Content, your use of the Service, or your violation of these Terms.
14. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes will be resolved in the state or federal courts located in New York County, New York.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you via email or in-app notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Email us at hello@5pm.nyc or use the feedback form on the site. By mail: 5PM NYC, 1178 Broadway, 3rd Floor #1414, New York, NY 10001.