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TextMyFood User Agreement
1. WHAT WE DO
TextMyFood provides the Services to USER for the purpose of assisting USER in receiving service within participating third party restaurants (each a "Restaurant"). In response to a USER's request, the TextMyFood system passes the request along to the Restaurant. The availability of service is determined at the time of USER's request. Once a request is made by USER, TextMyFood will provide confirmation of the request to USER’s cell phone. By using the Services, USER agrees to receive cell phone confirmations after placing a request.
3. USAGE GUIDELINES
The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to make appropriate requests when seated at a participating Restaurant. When requesting food or beverage, the guest is required to pay for all items requested at the conclusion of the Restaurant visit.
Harassment. You agree not to use the system to send content that may abuse, harass, threaten, intimidate or harm another persons or use any information obtained from the Service in order to do so.
Inappropriate Message Content. You agree not post on the Service or transmit any Content or material that: (i) is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, tortious, libelous, patently offensive; (ii) promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (iii) is sexually oriented or sexually explicit, or that contains obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery; (iv) solicits personal information from anyone under 18; (v) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (vi) provides any telephone numbers, street addresses, last names, URLs, or email addresses of any other person; (vii) includes a photograph of another person that you have posted without that person's consent; (viii) is excessively violent or exploits people in a violent manner; (ix) is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person; (x) is hateful, harmful or racially offensive, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (xi) infringes or violates another party's rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual, or fiduciary rights and obligations, and rights of privacy and publicity); (xii) 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-protection devices, or providing pirated music or links to pirated music files; (xiii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (xiv) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (xvi) contains unfair, misleading or deceptive Content intended to draw traffic to the profile or other page; or (xvii) otherwise offensive or objectionable.
TextMyFood expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. TextMyFood reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel requests.
4. EMAIL AND TEXT MESSAGE POLICY
5. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
The materials and services provided for and depicted on the TextMyFood Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the TextMyFood Site ("TextMyFood Content") is provided to USER by TextMyFood for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the TextMyFood Content or any information, software, or services provided by TextMyFood hereunder. The TextMyFood Content may be modified from time to time by TextMyFood in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the TextMyFood Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of TextMyFood or its licensors in the Services or TextMyFood Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of TextMyFood or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of TextMyFood or its licensors in the Services or TextMyFood Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of TextMyFood or any third party is granted under this Agreement.
6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At TextMyFood invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address or cell phone number, impersonate any person or entity, or otherwise mislead as to the origin of content. TextMyFood reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant TextMyFood a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TextMyFood for all claims resulting from content you supply. TextMyFood has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by TextMyFood in its sole discretion. TextMyFood takes no responsibility and assumes no liability for any content submitted by you or any third party.
7. ACCESS AND INTERFERENCE
Much of the information on the TextMyFood Site is updated on a real time basis and is proprietary or licensed to TextMyFood by its Restaurants or third parties. By using the TextMyFood Site, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access the TextMyFood Site for any purpose without TextMyFood express written permission.
- Take any action that imposes or may impose (in TextMyFood’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Implement any manual processes to monitor or copy TextMyFood Content from the TextMyFood Site without express written permission.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the TextMyFood Site.
8. LIABILITY LIMITATIONS
IN NO EVENT SHALL TEXTMYFOOD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE TEXTMYFOOD SITE OR THE TEXTMYFOOD CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE TEXTMYFOOD SITE FOR REQUESTING RESTAURANT SERVICE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE TEXTMYFOOD SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE TEXTMYFOOD SITE OR THE TEXTMYFOOD CONTENT. TEXTMYFOOD IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED RESTAURANT IN WHICH A USER HAS USED THE TEXTMYFOOD SERVICE. ASIDE FROM THE SERVICES PROVIDED ON THE TEXTMYFOOD SITE. TEXTMYFOOD IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT.
9. DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE TEXTMYFOOD SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE TEXTMYFOOD CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TEXTMYFOOD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE TEXTMYFOOD SITE, THE TEXTMYFOOD CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
10. LINKS TO THIRD PARTY SITES
The TextMyFood Site may contain hypertext links to Web sites operated by parties other than TextMyFood. Such hypertext links are provided for USER's reference only and TextMyFood does not control such Web sites and is not responsible for their content. TextMyFood‘s inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
12. NO ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by TextMyFood.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
14. TERM AND TERMINATION
Term. This Agreement shall become effective upon your acceptance of the Terms by your use of the Service and shall remain in effect in perpetuity unless terminated hereunder.
Termination. TextMyFood may terminate your access at any time, for any reason or no reason, without explanation. TextMyFood shall not be liable to you or any third-party for any termination of your access, made in TextMyFood’s sole discretion.
This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Massachusetts, U.S.A., without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Middlesex County.