We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Websites at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile, account and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the Websites if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to any of the Websites and/or its Users.
Use of the Websites is void where prohibited. You must be a natural person at least 18 years old (or older in some jurisdictions, if the age of Majority is older than 18) or otherwise have the express consent of your parents or legal guardians, but in no event younger than 13 years old, to use any Website. By agreeing to these terms or by using any Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Certain of the Websites require each User seeking to use its services to register and create accounts for validation by such Website. Menumavin reserves the right to decline its services to any User for any reason and without explanation based upon its findings in validating the User's registration.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use any Website. For those Websites that require registration, you may terminate your account at any time, for any reason, by following the instructions on the applicable Website. We may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the applicable Website, and Menumavin shall in no way be responsible to you for such termination. Even after your account is terminated, this Agreement will remain in effect.
3. Registration Information
In consideration of their use of services provided on certain Websites, Users agree to (a) provide accurate, current and complete information as prompted by any registration forms on such Website ("Registration Information"); (b) maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete; (c) maintain the security of their password and identification; and (d) be fully responsible for all use of their account and for any actions that take place using their account. Misrepresentation may preclude your use of such Website in the future. You consent to being contacted by Menumavin for purposes of seeking feedback to ensure and evaluate the quality of its services.
4. Proprietary Rights in Site Content; Limited License
a. All content on the Websites, including software applications, designs, text, graphics, pictures, audio, video, information, content, and other files and their selection, coordination and arrangement (including any files or images incorporated in or generated by the software, or any data accompanying the software) (the "Site Content"), are the proprietary property of Menumavin, its users or its licensors with all rights reserved, and are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and laws of the United States and other countries. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Menumavin's prior written permission. By your access and use of the Websites, you agree to abide by all applicable intellectual property laws and any additional notices or restrictions contained on the Websites. Except as otherwise indicated and displayed on the Websites, and except for the trademarks, service marks and trade names of other companies that may be displayed on the Websites, all trademarks, service marks and trade names are proprietary to Menumavin, including the "MENUMAVIN" mark and Menumavin.com trade dress.
5. User Content
a. The license you grant to Menumavin is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that Menumavin is not required to pay you for the use on the Websites of the User Content that you post), sublicensable (so that Menumavin is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Websites' services), perpetual and worldwide (because the Internet and the Websites' services are global in reach).
b. You represent and warrant that: (i) you own the User Content submitted by you on or through the Websites or otherwise have the right to grant the license set forth in this Section 5, and (ii) submission of User Content on or through the Websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Websites.
c. The Websites perform technical functions necessary to offer the services on the Websites, including but not limited to transcoding and/or reformatting content to allow its use throughout the Websites.
d. By submitting any User Content on or through any of the Websites, you consent without further consideration, compensation, attribution notification or other additional consideration and to Menumavin's disclosure of any information related to your use of the Websites in any capacity in connection with Menumavin's display of your User Content on the Websites. There shall be no obligation to give credit or pay any consideration to you for any User Content, including without limitation ratings and reviews of restaurants or other businesses.
e. Menumavin may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Menumavin violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Menumavin assumes no responsibility for monitoring the Websites for inappropriate User Content or conduct. If at any time Menumavin chooses, in its sole discretion, to monitor the Websites, Menumavin nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
f. You are solely responsible for the User Content that you submit to any of the Websites.
6. Prohibited Content/Activity
a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information;
f. publicly posts information that poses or creates a privacy or security risk to any person;
g. constitutes or promotes information that you know is false, misleading, or disingenuous in any way diminishes the integrity of the Websites, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
i. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
m. involves commercial activities and/or sales without prior written consent from Menumavin such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, intellectual property rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Websites. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
ii. advertising to, or solicitation of, any User, without the written consent of Menumavin to buy or sell any products or services through the unauthorized or impermissible use of the Websites;
iii. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of any of the Websites;
iv. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, limit, damage, disable, overburden or impair any the functionality of any computer software or hardware, including without limitation a Menumavin server or the network(s) connected to any Menumavin server, permit the unauthorized use of or access to a computer or a computer network, or interfere with any other party's use and enjoyment of the Websites;
v. covering or obscuring the banner advertisements on any page on any of the Websites via HTML/CSS or any other means;
vi. any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
vii. interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites;
viii. impersonating or attempting to impersonate another User, person or entity;
ix. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
x. redistributing, selling, decompiling, reverse engineering, disassembling or otherwise reducing any Site Content that is software or the files, images or data incorporated in, generated by or accompanying software;
xi. selling or otherwise transferring your account;
xii. using any information obtained from the Websites in order to harass, abuse, or harm another person or entity, or attempting to do the same;
xiii. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Websites on behalf of that person; or
xiv. using the Websites in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy
Menumavin has a policy of responding to notices of alleged infringement on the Websites that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Menumavin removes material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any Users and/or block access to the Websites of any Users who repeatedly infringe the copyrights of others.
Digital Millennium Copyright Act (DMCA) - Infringement Notification
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address: By email: firstname.lastname@example.org
Digital Millennium Copyright Act (DMCA) - Counter Notification
The provider of Removed Content may make a counter notification pursuant to sections 512(g) (2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material Menumavin has removed.
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Send the Counter Notification to the following address: By email: email@example.com
8. Terms of Sale
Certain products and services may from time to time be made available to you by us through the Websites. By purchasing any products or services through the Websites, you signify that you have read, understand and agree to be bound by the Terms of Sale in this Section 8 in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Menumavin's sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Websites. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Websites.
a. Purchase Qualifications; Account Security
b. Payment Method and Terms
We may accept credit cards and certain debit cards, as forms of payment. By submitting an order through any of the Websites, you authorize Menumavin, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to any of the Websites, you may authorize us to store your credit card number and related payment information. Your credit card information and related payment information will not be provided to third parties, except to the extent necessary to fulfill your order.
Delivery of any tangible property purchased through the Websites is the sole responsibility of the third-party vendor from whom you have made a purchase. Menumavin shall have no liability of any kind if any third-party vendor fails to make a delivery. With respect to services you purchase through the Websites, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Menumavin will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
d. Product and Service Descriptions and Availability, Errors
Menumavin and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Menumavin may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Menumavin shall have no liability of any kind if a product or service that has been ordered is unavailable.
We attempt to be as accurate as possible and eliminate errors or defects on the Websites, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, timely, or error-free. We do not represent or warrant that the functions contained in the Site Content will be uninterrupted, that defects will be corrected, or that the Websites or server making the Site Content available are free of viruses or other harmful components, and you assume the entire cost of all necessary correction. In the event of an error, whether on the Websites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value at least equal to the amount charged to your credit card. Menumavin reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to firstname.lastname@example.org
You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Menumavin reserves the right to collect such taxes or other fees from you at any time.
There are no returns or cancellations for any intangible property or services purchased from Menumavin. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Menumavin in its sole discretion.
g. Third Party Service Providers
9. User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, although we have no obligation, to monitor disputes between you and other Users and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the account of one or more Users.
a. We are not responsible for any User Content or any other third party content submitted to any of the Websites, whether made or caused by Users or by any of the software, equipment or programming associated with or utilized in the operation of any of the Websites.
b. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITES, ANY CONTENT SUBMITTED TO THE WEBSITES OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITES, WHETHER ONLINE OR OFFLINE.
c. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Websites, any User or any other person related to or resulting from use of any of the Websites, viewing, playing or downloading any materials on or from any of the Websites. The Websites are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of any of the Websites. No advice or information, whether oral or written, obtained by you from us or from or through any of the Websites shall create any warranty not expressly stated herein.
11. Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Websites during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will Menumavin or its officers, directors, employees, agents or representatives be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages and causes of action (whether in contract, tort or otherwise, including but not limited to negligence) including lost profits arising from your use of any of the Websites or accessing the services or purchasing products from a third party service provider through or after accessing the Websites, even if we or our authorized representative have been advised of the possibility of such damages. Those who choose to access any of the Websites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
You agree to indemnify and hold Menumavin and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of any of the Websites (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
14. No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other User of the Websites.
This Agreement and any notices regarding the Websites sent to you or posted on the Websites, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Websites. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
16. Contact Information
238 East Putnam Ave
Greenwich CT 06807