Updated October 24, 2017
The following terms explain our disclosures and contains some terms that an important part of our agreement to use our website and services.
We grant you use of our website on the condition that your use will constitute a binding contract with Menus Ent. In this Agreement you must be the authorized credit card holder or authorized to use a corporate account when making a credit card payment. We also prohibit the use of our site if you are a minor under the age of 13.
The use of our website requires that you register and/or create an account but we also provide an option to use our website as a guest. Steps in registering and creating an account also requires that you provide a password after selecting an account designation along with requested personal information. In compliance to setting-up your account, you must agree that (a) current and complete information you provide to us about you is true and accurate on the registration form, and (b) it is your responsibility to maintain and to update your personal information on and that all information is complete, current, accurate and correct. Menus Ent. website has the right to refuse you to access of any current of future use of the website if we find that you have provided any incomplete, false, inaccurate, or not current information or has reasonable credence to the effect.
Menus Ent. hold you responsible for maintaining your confidentiality and the security of your Account and password as well as wholly responsible in any actions taken pertaining and in connection to your password or Account. Should you have any questionable activity or suspect unauthorized use and activity has occurred with your Account, it is your responsibility to (a) notify Menus Ent. immediately of unknown or suspicious and/or unauthorized use of your Account, password or other unknown breach or of security you may suspect including theft, loss or unauthorized disclosure of your credit card or password information; and (b) make sure you completely exit from your Account when you complete each order or at the end of a session on our website. Failure to comply with section (a) and/or (b) or any type of acts or omissions by you or another person using your account and/or password will hold Menus Ent. harmless from liability or responsibility including any damages, injury or any type of loss as a result from your failure to comply with actions (a) and (b) or other failure on your part to or someone else as well as acts of omissions.
OUR POLICY ON ALCOHOLIC BEVERAGES
Permission and delivery of alcoholic beverages is permitted in some jurisdictions. When placing an order that includes alcoholic beverages to such jurisdictions, you must acknowledge that you are over the age of 21. When you pick-up or receive delivery of your order you must show proof of being over 21 years of age by presenting a legitimate and legal government-issued form of identification card. Should you not comply with such requirements, the alcoholic beverages will not be delivered to you and you will forfeit without exception, the cost of the alcoholic beverages.
THE MATERIALS AND LICENSE USE BY YOU
Dishzilla website is owned and licensed to Menus Ent. Everything on the website including all texts, photos, and videos as well as software and graphics (known as the “Materials”) is owned by Menus Ent. with the exception of User Content (as listed below). The Materials and website are protected by trademark, trade dress, domain name, copyright, patent, trade secret, international treaties and/or all applicable property rights and all governing laws of the United States and other countries. All trademarks, logos, service marks, trade dress and trade names are proprietary to Menus Ent., except for the service marks, trademarks, logos and other trade names of companies displayed on the website. Menus Ent. will pursue to enforce its intellectual property rights to the fullest extent of the law.
Menus Ent. grants you a limited and non-exclusive, non-transferable and revocable license (at any time) to use the website and access to the personal use of Materials for the sole purpose as expressed, permitted, and allowable by this Agreement. The use is subject to all the terms and conditions as expressed in this Agreement and restricted to, and bound by all applicable intellectual property laws inclusive of all and any additional notices or restrictions as contained on the website. Using of Materials or content on the website is strictly prohibited. Material contained in the Website may not be copied, republished, posted, upload, transmitted or distributed, without written consent or permission. Any and all Material content on the Website is not to be interpreted as granting you any right or license to use the Material and/or any third party proprietary content on the website without the expressed written consent and permission of Menus Ent. or from the appropriate third party owner, as applicable by terms and conditions expressed herein.
Any software that you download from the Website, is restricted from redistribution, decompiling, reverse engineering, disassembling, being sold, or otherwise reduced to a human-perceivable form.
Menus Ent reserved the right, to suspend, modify, or discontinue at any time in its absolute and sole discretion, with or without notice, any content, services offered on or through the Website (or any part thereof), including but not limited to the Websites’ functional elements and related services including the Websites’ feature, look and feel, and functional all functional elements.
YOUR BEHAVIOR, CONDUCT AND CONTENT
- User Conduct
As the User, by accessing the Website, you agree to the follow:
- You will comply by following all applicable laws as related to your online conduct and acceptable material you supply.
- You are not under the age of 13 and will not use the Website and any and all services or submit any content to the Website if you are under the age of 13.
- You will not purchase alcohol from the Website unless you and any recipient of the alcohol are over the legal drinking age of 21 and will present a valid photo identification(s) to verify your age when receiving the delivery of the alcohol.
- You will not use this Website or its services by using a third party account/registration without an expressed consent from the account holder.
- You will not try or attempt to gain unauthorized access to the Website or any part of the Website by any means to access any services, other user account, computer system, or attempt to gain connection to Menus Ent. server.
- You will not attempt to access the Website by using any deep-link to the Website and/or access by any means (including manually) with any robot, web crawler, spider, extraction software, monitor and/or copy any part of the Website, Materials including part of or in whole as content from the Website, unless Menus Ent. gives you specific written permission.
- You will not use the Website that may in any manner overburden, damage, disable and/or impair the Menus Ent. server, or the Websites’ network(s) connected to the Menus Ent. server, and you may not interfere with the use and enjoyment of any other party.
- You will not use the Website as prohibited by the stated Terms for any illegal purposes.
- You will not use the Website for the engagement of commercial activities unless otherwise sanctioned for use by the Menus Ent. services.
- You will not copy for replication online or in print any content, including, but not limited to the restaurant menu content and any copy of provided by third party reviews.
- You will not sell, license and/or otherwise facilitate access to and/or use to any third party to the Website to build a competitive product without limitation.
- You will not create any content in a blog or restaurant review for or with any commercial or for any other purpose that does not comport in the spirit of the Website or have the intent of good faith that keeps within the purpose of the Website.
- You will not upload any viruses, harmful or disruptive files that may be destructive by its transmittal.
- You will not harm, disrupt, violate the security of the site and/or otherwise interfere with the services, accounts, passwords, system resources, servers or networks that are connected to or otherwise accessible by means of the Website including those sites linked or affiliated and also includes any of our partners.
By using the Website you agree to the consequences of commercial use or content republication including any information from the Website may not have a monetary remedy as compensation for the violation and may result in temporary or permanent injunctive relief and Menus Ent. will have the right to prohibit your use.
THE CONTENT YOU PROVIDE TO MENUS ENT.
You disclose and provide information to the menus Ent. Website and represent yourself as the owner and warrant that the information you submit is owned by you and otherwise have the right to submit reviews, comments, ratings and information you provide and any all material, including the “User Content” submitted and posted by you to the Website, is owned by you.
GRANTING USE OF CONTENT
By uploading your User Content to the Website, you grant Menus Ent. the use and irrevocable right to User Content in a royalty free, non-exclusive worldwide license to modify, promote, display, remove, translate, distribute, edit, publish the User Content on the Website to be used in all forms of media now known or hereafter invented (collectively, the now known as the “Uses”). Menus Ent. reserves the right of use without notification and without approval by you.
By using the Website and creating a username and profile, you grant Menus Ent. the right to use your profile information including your username, including to and without limitation, your member information such as your rating history, and the length of your membership including your User Content credit pertaining to the Uses should we chose to do so and we reserve the right to license your User Content without your approval and without notification to you at our discretion.
Any and all User Content as transmitted to our Website may be used in public areas on the Website, including, without limitation, a particular interactive part of the Website area, including without limitation, in a publicly visible section of the Website and may be compiled in single form or compilation format and publicly accessible. Members of Menus Ent. , its employees, affiliates, parents, successors, subsidiaries, representative and agents (collectively the “Released Parties”) shall not be responsible for, and in agreement to these terms you hereby hold harmless and expressly release the Released Parties from any and all liability for any and/or all actions performed by any and all third parties as it pertains to User Content respectively.
INTERACTIVE AREA CONDUCT BY YOU
You agree to the following standard of conduct as listed and inclusive any additional standards as applicable on the Website by transmitting your User Content.
Menus Ent. discourages disruptive communication on the Website and we strongly encourage a civility when accessing our Website. Menus Ent. also frowns upon any communication that may intend to incite a violation of our standards by others. We stand strong behind upholding our standards and expect your cooperation. By abiding to our standards and you are solely responsible for your User Content. The following are the User Content standards you agree to follow as a User of Menus Ent.
* Using unlawful threats, abusive or harassing behavior, tortious or defamation of character, vulgar and profane language, invasive or offensive behavior that violates another person’s privacy and any racial or ethnic insults or hateful comments that may be considered objectionable by Menus Ent.;
* Content that has a religious connotation and/or political in nature or used for commercial purposes;
* Any content that may be misleading, untrue, false and/or not written in good faith;
* Any content that may infringe any person and/or entity, any trade secret, patent, copyright, right of privacy and/or publicity, and/or proprietary rights of an individual or entity;
* An action that is considered illegal by the applicable laws or promotes illegal activity;
* Any unauthorized advertising and/or soliciting users for business otherwise not on the Website;
* Any content with the intent to cause harm, interrupt, destroy, or limit the function or integrity of any hardware, Materials contained on the Website, or other website.
Menus Ent. reserves the right to change, monitor, and/or remove, fully or partially any User Content Menus Ent. determined to violate Website standards, violates any terms and/or conditions of the Agreement, is rendered inappropriate and may interfere with the rights of others to enjoy the Materials and/or our Website, and Menus Ent. reserve the right to terminate and/or end your use of access to the Website should Menus Ent. find your Content inappropriate and we reserve that right at our own discretion. Menus Ent. will also enlist the local, state and federal authorities as permissible by applicable law to cooperate in the questioning as related to User Content.
REVIEWS AND RATING YOUR MEAL
Menus Ent. has set-up this Website in order to allow the User to post their experiences when placing orders from their local restaurants. Users are also given an opportunity to sound their ratings and reviews and this is your User Content. Always remember that all User Content is subject to the guidelines provided as your Agreement and are to be followed in the Menus Ent. interactive areas. Menus Ent. encourages the User to remember to use their ratings as legitimate and their reviews as honest and concise to the best of your ability while keeping in mind that Menus Ent. promotes integrity and legitimacy. All Ratings and Reviews will be posted after you have created a User Accounts and also have placed an order on the Website. Should Menus Ent. find that your rate or review is untrue, Menus Ent. reserves the right to not publish it or to immediately remove it.
By using the Website as a User, you agree to indemnify and hold Menus Ent. and the Release Parties harmless from any and all claims, actions, losses, judgements, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that may or may not arise from a breach pertaining to any Agreements that you may have violated as applicable to governing laws. Using the Website and in accordance to the terms and agreements on the site and your use of the Website Material and uploading Profile information to the Website as well as Menus Ent. and any and all third party authorized to use the Material by Menus Ent.
. Website information (1): While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website. The material on the Website may be out of date, and we make no commitment to update any such material.
6.2. Website information (2): no information contained in or referenced on this Website is or shall be deemed to be an invitation or inducement to invest or otherwise deal investment of Dishzilla.
6.3. Exclusion of terms: We provide you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
6.4. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects any statutory rights you may have.
6.5. Exclusion of liability: except as stated above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use of inability to use the Website) for:
6.5.1. any loss of profits, sales, business, or revenue;
6.5.2. loss or corruption of data, information or software;
6.5.3. loss of business opportunity;
6.5.4. loss of anticipated savings;
6.5.5. loss of goodwill; or
6.5.6. any indirect or consequential loss.
6.6. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
LIMITATION OF LIABILITY:
MENUS ENT. IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS AND CONDITIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER IN OUR SITES OR IN CONNECTION WITH YOUR USE OF OUR SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON OUR SITES. YOU MAY ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MENUS ENT. ITS AFFILIATES. PARTNERS AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL DATA LOSS.\
THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. LIMITATION OF LIABILITY AND INDEMNITY.
MENUS ENT. AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MENUS ENT. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MENUS ENT. AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MENUS ENT. AND ITS AFFILIATES, PARTNERS AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO MENUS ENT. TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY MENUS ENT.
You agree to indemnify and hold Menus Ent. and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Menus Ent. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Menus Ent. in the defense of any Claims.
CHANGES TO THIS AGREEMENT OR THE SERVICES
We may change this Agreement from time to time, and the changes will be effective when posted on Menus Ent. website for the Services, through Menus Ent. account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Menus Ent. posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.
COPYRIGHT AND TRADEMARK NOTICES
All materials of the Service (as well as the organization and layout of the Service) are owned and copyrighted or licensed by Menus Ent. its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Menus Ent. website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of Menus Ent. Any rights not expressly granted herein are reserved. Menus Ent., the Menus Ent. logo, other Menus Ent. logos and product and service names are trademarks of Menus Ent (the " Menus Ent. Marks"). You agree not to display or use the Menus Ent. Marks in any manner whatsoever without Menus Ent. written permission. The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. Menus Ent. does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Menus Ent. disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.
GOVERNING LAW AND JURISDICTION
The internal, substantive laws of the State of California governs this Agreement without regard to its conflicts of laws provisions. As a material inducement to Menus Ent. to enter into this Agreement and provide you access to the Services and other offerings provided by us at such low price points, you agree that to resolve any legal dispute arising from this Agreement, you and Menus Ent. agree to the exclusive jurisdiction of state or federal courts located in Los Angeles, California. Menus Ent. does not represent that information on the website for the Services is appropriate or available for use in all countries. Menus Ent. prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and Menus Ent. and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Menus Ent. right and remedies under this Agreement are intended to be cumulative and any failure by Menus Ent. to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which Menus Ent. is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Menus Ent. rights or remedies, all of which will still be and remain available to Menus Ent. By signing this agreement, you also agree to receive e-mail communication from Menus Ent. unless you respond that you would like for your address to be removed from this list.