MENUMORE TERMS OF SERVICE
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;
“Customer” refers to a User who uses our Service to view menus and interact with Professionals;
“Menumore” refers to our company, known as “MMX, LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Professional” refers to a User who uses our Service;
“Service” refers to the services that we provide through our Site, including our menu posting service and our Site itself;
“Site” refers to our website, www.Menumore.com;
“User” refers to Customers, Professionals, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Menumore.
3. What Menumore Offers
Menumore is a web application that allows hospitality professionals to upload menu items to our Site. These items include photos, videos, recipes, ingredients, allergen information, and other relevant information. We believe that menus should be seen and not read. Our Users can choose who can see this information using permissions—their restaurant’s team or members of the public for the purpose of browsing at their table.
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, Menumore, 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 in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must, if signing up on behalf of a person other than yourself, be an authorized representative of that person and agree that you are binding both you and that person to this Agreement and that both you and that person shall be jointly and severally liable for any breaches hereof and for the fulfillment of any duties established hereunder.
- 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
Menumore is offered to facilitate communications and the exchange of information between Customers and Professionals. Although you believe that our Service is useful, we make no representations as to whether it will enhance your earnings. You agree to release Menumore from all liability relating to your use of our Service. Furthermore, we do not represent that the information produced by the system, either by input from users or by the MenuMore system, is accurate. This includes, but is not limited to, nutritional information, allergies, and other information. Users should not rely on MenuMore for this information. We make no claim to the accuracy.
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 Menumore or its delegates.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Post reviews which are inaccurate, or post reviews where you have a conflict of interest, financial or otherwise (such as being an employee or owner of the relevant restaurant or one of its competitors, or a person related to such an employee or owner).
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Menumore Site, Service, or its Users’ computers.
- Do anything else which could bring Menumore into disrepute or violate the rights of any person.
Menumore shall reserve the absolute right to block, edit, modify, delete, and otherwise exercise editorial functions over any content to bring it into compliance with these Rules of Use, without waiving any of its rights under Section 230 of the Communications Decency Act or any other defenses, safe harbors, or legal rights that it may have.
7. Payment and Refunds
Free accounts do not require the submission of payment details. For paid accounts, payment can be made by means of credit card. Unless otherwise stated, all prices are listed in United States dollars. Additional provisions for pricing and other payments terms may be published on our Site or otherwise communicated directly to you and are hereby incorporated into this Agreement by reference.
You authorize us to charge your credit card on a monthly basis for your continued use of our Service. If you have a free account and upgrade to a paid account, your credit card will be charged immediately. If you sign up for a paid account for which payment is due every thirty days, your credit card will be charged upon the thirtieth day of your subscription unless you cancel your subscription before that in which case you shall not be charged any amount.
If you upgrade or downgrade, your credit card will be charged at the new rate when the next billing cycle begins. Downgrading may result in the loss or deletion of your data due to the lower Service level being incompatible with the data which you have created at the higher Service level.
You agree that you are responsible for remitting any of the applicable sales, use, or other taxes to the appropriate revenue agency or agencies.
No refunds are available, even on a pro rata basis. You may cancel your subscription at any time and our Service will be accessible to you for the remainder of the period for which you have paid.
8. Chargebacks and Credit Card Cancellations
Where a User conducts a chargeback against Menumore, Menumore shall be entitled to the full amount lost by Menumore as a result of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Menumore in its enforcement of its rights under this section.
If your credit card is declined for any reason (such as cancellation, expiration, insufficient credits, anti-fraud blocks, etc.), Menumore shall be entitled to cancel the provision of its Service to you immediately and without notification. Such cancellation may result in the deletion of all or some of your data.
9. Our Copyright
Menumore must preserve the integrity of its content as it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including information uploaded by Professionals to Menumore, without receiving our prior written permission or that of the Professional or other person who holds the intellectual property rights to such content.
10. Your Copyright
Menumore must be assured that it has the right to use the content that is posted to its Site by its Users, whether they are Customers or Professionals. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, 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.
“Menumore” is a trademark used by us, MMX, LLC, to uniquely identify our Site, 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 Site 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 business.
12. 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.
13. 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 team@Menumore.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.
14. 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 posted on our Site. Although we are not liable for defamatory words posted on our Site 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 team@Menumore.com if any of our Users have posted anything that you believe is defamatory.
15. 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 ACT OR OMISSION OF A CUSTOMER OR PROFESSIONAL IN RELATION TO EACH OTHER. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT NUTRITIONAL VALUES, ALLERGEN INFORMATION, OR OTHER INFORMATION PUBLISHED THROUGH OUR SERVICE.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A THIRD PARTY, INCLUDING YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT 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.
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 Site or acceptance of the offers contained on it. 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.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida. The offer and acceptance of this contract are deemed to have occurred in the State of Florida.
18. 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 Florida. 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 within the State of Florida (“Small Claims Court”).
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.
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.
19. 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.
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, Menumore shall have the sole right to elect which provision remains in force.
Menumore 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.
22. 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.
23. 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.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You agree to read this page each time you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
25. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Menumore must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current address for service, please send a request to team@Menumore.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: August 8, 2014