Terms of Service
These terms and conditions (the "Terms of Service") govern your access to and use of Munch411's websites and other applications (mobile, tablet, and/or other) which link or reference to these Terms of Service (collectively, the "Service"). By using and/or accessing the Service you are agreeing to these Terms of Service. If you do not agree or are unwilling to be bound by the Terms of Service, do not use the Service. Your acceptance of these Terms of Service represent a legally binding contract with Munch411 LLC ("Munch411").
As it relates to these Terms of Service, "you" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to Munch411. "Content" refers to text, images, photos, video, audio, location data, and any and/or all other forms of data or communication in connection with the Service. "Your Content" refers to the Content which you submit, record, transmit to, through, or in connection with the service. "Munch411 Content" refers to Content that we create and make available in connection with the Service. "User Content" refers to all Content that users submit, record, transmit to, through, or in connection with the Service. "Third Party Content" refers to all Content which originates from parties other than Munch411 or its users which is made available in connection with the Service. "Site Content" refers to all of the Content available in connection with the Service including Your Content, Munch411 Content, User Content, and Third Party Content.
We may revise these Terms of Service at any time. When we have revised the Terms of Service we will inform you by making the revised version available on this webpage and will indicate at the top of these Terms of Service the date that revisions were last made. You should visit this web page periodically because your continued use of the Service will mean you accept the revised version effective upon our posting of the revised version, whether you have read it or not.
We grant you a limited, nonexclusive, non-transferable personal license to use the Service subject to the restrictions in this Terms of Service.
To use the Service, you must:
- be 18 years or older and have the requisite power and authority to enter into these Terms of Service;
- create a Munch411 account using true, accurate, current, and complete information using the Service's registration process;
- keep your Munch411 account information updated;
- accept responsibility for keeping your account password secure;
- agree to notify us immediately of any breach of security or unauthorized use of your account;
- accept responsibility for all activities that occur in connection with your account;
- not impersonate someone, create multiple user accounts, nor create an account for someone other than yourself;
- not be a competitor of ours;
- not be previously banned by us from using the service;
You may terminate the Terms of Service at any time by closing your account and, discontinuing the use of the Service. To close your account, you must send an email to firstname.lastname@example.org requesting that we close your account and include your name, username, address, and reason for closing the account. We will close your account as soon as we are able within ten business days. If you close your account, we may continue to display Your Content where it implicates other users. We may retain your account information and settings in case you choose to use the Service again in the future. Munch411 reserves the right to refuse registration of, suspend, or terminate a user account at its discretion for any or no reason without notice or liability of any kind. In the event of any termination, whether by you or us, the provisions in this Terms of Service which by their nature should survive termination shall survive termination and remain in full force and effect including without limitation ownership provisions, warranties, disclaimers, indemnifications, and limitations of liability.
The Service is available for your personal, non-commercial use only. You understand that the Service may be modified, updated, suspended, interrupted, or discontinued at any time without notice or liability.
Your use of the service of the Service is at your own risk, including the risk that you might be exposed to Content which is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Responsibility & Rights
You alone are responsible for Your Content including its form, substance, accuracy and all other attributes. If Your Content is submitted or published in association with the Service, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or ability to use it to make you personally identifiable. You agree that you own, or have the necessary permissions to use, distribute, and/or authorize the use of Your Content. Munch411 does not endorse any User Content or opinion and you may not imply that Your Content is in any way endorsed or sponsored by Munch411. Munch411 disclaims any and all liability in connection with User Content. You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, move, edit, remove, or reinstate any User Content with any or no reason and without notice to you. Additionally, you acknowledge we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. You may expose yourself to liability if Your Content is in violation of any right, law, or regulation such as in the case that Your Content is false, misleading; in violation of any third party rights including copyright, trademark, patent, trade secret, privacy right or any other intellectual property right; contains material that is unlawful including illegal hate speech or pornography or exploits or otherwise harms minors.
You agree that we may use Your Content in ways including but not limited to displaying it publically, reformatting it, incorporating it into advertising and other works, creating derivative works from it, promoting it, distributing it, exploiting it, and/or allowing others to do the same in connection with their own websites, media platforms, and personal use. As such, you hereby grant us irrevocable, non-exclusive, worldwide, royalty-free, transferable rights (including a waiver of any moral rights against Munch411) to use Your Content for any purpose. You also grant the users of the Service the right to access Your Content (including a waiver of any moral rights against them) in connection with their use of the Service and/or in connection with their own websites, media platforms, and/or personal use. You also acknowledge that the holder of any rights that may exist related to Your Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Additionally, Munch411 may publicly display advertisements and other information adjacent to or included with your content as well as grant permission to our licensees to do so. You are not entitled to any compensation for such advertisements and the manner, mode and extend of such advertising are subject to change without specific notice to you.
As between you and Munch411 (and subject to the rights you grant Munch411 in these Terms of Service), you own Your Content. Munch411 owns the Munch411 Content including but not limited to designs, text, graphics, images, data aggregations (such as ratings aggregations), compilations, software (including computer code), interactive features and all other components of the Service excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Munch411 Content and the Service, which are protected by proprietary rights and laws. As such, you may not reproduce, modify, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Munch411 Content in whole or in part except as explicitly authorized by us in writing. We do not grant you, except as expressly and unambiguously provided in these Terms of Service, any express or implied rights, and all rights in and to the Service and the Munch411 content are retained by us.
Munch411 will not permit copyright infringing activities or infringement of intellectual property rights on our Service and Munch411 will remove Content if properly notified that such Content infringes another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Munch411 to locate the material;
- Information reasonably sufficient to permit Munch411 to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Munch411 will receive notifications of claimed infringement via the email inbox of email@example.com.
If Munch411 has removed some of Your Content (or disabled access to it) in response to a DMCA complaint by another person, and you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Content, you may send a counter-notice containing the following information to us:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, WA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Munch411, we may send a copy of the counter-notice to the original complaining party informing that person that Munch411 may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Munch411's sole discretion.
You agree not to, and you will not assist or enable others, to use the Service to:
- sell a product or service;
- solicit for commercial purposes, any users;
- solicit personal information from minors;
- increase traffic to your website for commercial reasons;
- make available any content available which could be defined as unsolicited or unauthorized advertising or promotional materials;
- promote a business or any other commercial entity, venue, or event except where expressly permitted by Munch411 in writing;
- impersonate any person or entity, including but not limited to a Munch411 employee or falsely state or otherwise misrepresent your affiliation with a person or entity;
- pursue, threaten, stalk or harass others;
- send bulk communication such as emails, surveys or other mass messaging for any purpose not expressly permitted by Munch411 in writing;
- engage in key word spamming or otherwise attempt to manipulate the Service's search results on any third party website;
- violate any applicable law;
- transmit any computer viruses, worms, defects, Trojan Horses, or other items of a damaging nature.
You agree you will not to, and you will not assist or enable others to:
- use or launch any automated system, including without limitation: "robots," "spiders," or "offline readers," or use any similar method to access, retrieve, "scrape," or index Content or other items related to the Service;
- use any automated method to purposefully alter the recommendation or matching outcomes of the Service;
- use any method to purposefully bias the recommendation or matching outcomes of the Service beyond the intended influence of a single human reasonably using the Service's rating, review, and profile controls on a normal web browser;
- post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy;
- post, submit, or transmit pornography ;
- post any content that is racially, ethnically or otherwise objectionable;
- post any content that infringes on any rights of any party (including third parties) including any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual or proprietary rights;
- interfere with and/or disrupt the Service and/or violate the security of the Service or servers or networks connected to Munch411;
- engage in any activity which imposes or may impose, as determined by us in our sole discretion, any impact on the Service or its related systems larger than what a single person could reasonably impose in a given amount of time using a normal web browser
- make, in our sole discretion, excessive demands on the Service or its related systems
- attempt to gain unauthorized access to the Service, user accounts or associated systems
- harvest, collect, process, mine, or record any personally identifiable information including but not limited to account usernames, photos, profile descriptions, reviews or other information from the Service;
- publish, distribute, or make publically available your account login information;
- adapt, modify, reproduce, distribute, translate, create a derivative work or adaption of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than your content), except as expressly authorized by Munch411 in writing;
- reverse engineer any portion of the Service;
- access , retrieve, or index any Content of the Service with the intention of populating or constructing a database related or unrelated to personality profiles, place reviews and/or ratings;
- frame or otherwise represent any portion of the Service;
- disable, circumvent, damage, remove or otherwise interfere with any security-related features of the Service;
except with authorized written permission from us. The restrictions above apply only to the extent permitted under applicable law.
You agree to receive a certain amount of communication from Munch411 and/or other users in connection with the Service including but not limited to Munch411 newsletters, general Service communications, invitations, comments, user follow requests, and/or messages. Additionally, you certify that any communication you provide to Munch411 including any ideas, suggestions, documents or proposals ("Communicated Ideas") may not contain the confidential or proprietary information of third parties. Further you recognize and herby grant ownership of all Communicated Ideas to Munch411 with irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, exploit, and sublicense the Communicated Ideas. You hold Munch411 under no obligation of confidentiality related to Communicated Ideas express or implied.
Additional Important Stuff
Entertainment & Accuracy Disclaimer
You recognize and understand that Munch411 uses a series of algorithms to combine the collective input of Munch411 users to generate recommendations, matches and other relationships such as user-to-user, user-to-place, user-to-object, and place-to-place ("Recommendations"). Munch411's Recommendations are intended to be used for informational and entertainment purposes only and not as a specific directive to take any given action. In no way do Munch411's Recommendations represent specific opinions, preferences, or advice of Munch411 as an entity or its respective employees, directors, advisors, or investors. Munch411 Content or Recommendations should never be considered to be a substitute for professional advice or sound judgment. Munch411 is in no way recommends taking actions which may be deemed illegal, risky, hurtful, or dangerous regardless of Site Content. Munch411 shall not be responsible or liable nor does it make any warranties, express or implied, for the accuracy, usefulness, or completeness of any Content and you agree you will not hold Munch411 responsible or liable for any decisions based on such Content.
Third Party Disclaimer
The Munch411 Service may contain links to other websites or applications ("Third Party Sites") that are not owned or controlled by Munch411 (including websites with whom we may have sponsorship or marketing relationships). We do not control or endorse any Third Party Sites. By using the Service you expressly agree that we are not responsible for, and you relieve us from all liability arising from, the availability and/or use of such Third Party Sites. You use Third Party Sites at your own risk and we encourage you to be aware of the terms and conditions associated with such Third Party Sites.
"Munch411" and associated marks, names, and logos are trademarks of Munch411 LLC. All other marks, names, and logos mentioned on the Munch411 site or Service are trademarks of their respective owners. Your use of the Munch411 and other marks, copyrights, service marks, trade names, and other intellectual and proprietary rights set forth in the Service without prior express written consent of their respective owners is strictly prohibited.
You agree to indemnify and hold harmless Munch411, its parents, subsidiaries, and any related companies and their respective officers, directors, employees, agents, affiliates, and advisors, and to defend them from and against any and all claims, damages, obligations, losses, including costs or debt, liabilities, and expenses (including but not limited to legal fees) from you or any third party arising from : (i) your access or use of the Munch411 Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Munch411 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. This defense and indemnification obligation will survive any termination of these Terms of Service or your cessation of use of the Munch411 Site.
You acknowledge the services, Content, Service, and any software are provided on an "as-is" basis, without warranties of any kind either express or implied. You further acknowledge that Munch411 has no control over and no duty to take action regarding:
- which users do or do not gain access to the Service;
- what Content you or other users access via the Service;
- effects of the Content may have on you or other users including how you may interpret or use that Content and what actions you may or may not take as a result of having been exposed to the Content.
You release Munch411 from all liability for your having acquired or not acquired Content through the Service. YOU RECOGNIZE AND AGREE THAT YOUR USE OF MUNCH411 AND/OR THE SERVICES SHALL BE AT YOUR SOLE RISK. MUNCH411 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF MUNCH411 AND ITS SUBSIDIARIES , AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, AND ADVISORS (COLLECTIVELY, THE "MUNCH411 ENTITIES").
1) THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS AT YOUR OWN DISCRETION AND RISK. IN NO EVENT SHALL THE MUNCH411 ENTITIES BE LIABLE TO YOU FOR ANY (I) ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT; (II) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY THE SERVICE (III) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM; (A) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTUNG FROM YOUR ACCESS TO AND USE OF THE SERVICE.
2) IN NO EVENT SHALL THE MUNCH411 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) UNATHORIZED ACCESS TO OR USE OF YOUR CONTENT AND/OR IDENTITY; (II) ACCESS TO OR USE OF THE SERVICES OR RELATED MUNCH411 SERVERS OR OTHER EQUIPMENT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (III) ANY OR ALL INTERACTION WITH THIRD PARTIES INCLUDING USERS OR BUSINESSES LISTED ON THE SERVICE; (IV) INTERUPPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE ; (V) BUGS, WORMS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.
3) THE MUNCH411 ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO $100 WHETHER OR NOT MUNCH411 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4) YOUR SOLE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
5) MUNCH411 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU SPECIFICALLY ACKNOWLEDGE THAT THE RISK OF DAMAGE OR HARM FROM ANY THIRD PARTY CONTENT RESTS SOLELY WITH YOU.
The Service is offered and intended for use in the United States of America and Munch411 makes no representations of its appropriateness in other locations. Those who choose to access the Service outside the United States do so on their own initiative and are responsible for compliance with the local laws of the applicable jurisdiction. Use of the Service, these Terms of Service, and the relationship between users and Munch411 shall be governed by the laws of the State of Delaware including any claim, cause of action, or dispute that might arise between you and Munch411 without regard to conflict of law provisions. YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL EXCLUSIVE JURISDICTION IN THE STATE AND FEDERAL COURTS OF DELAWARE.
Ability to Accept Terms of Service