Terms of Service
Last modified March 4th, 2010
We (the folks at Tasty Lounge LLC) run a service called Menumill.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to maintain content relative to your restaurant and the restaurant industry. However, be responsible for your website's content. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content). If you find a Menumill.com member website that you believe violates our terms of service, please inform us. firstname.lastname@example.org
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tasty Lounge, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Menumill.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tasty Lounge may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Tasty Lounge liability. You must immediately notify Tasty Lounge of any unauthorized uses of your site, your account or any other breaches of security. Tasty Lounge will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tasty Lounge or otherwise.
By submitting Content to Tasty Lounge for inclusion on your Website, you grant Tasty Lounge a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Tasty Lounge will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Tasty Lounge has the right (though not the obligation) to, in Tasty Lounge’s sole discretion (i) refuse or remove any content that, in Tasty Lounge’s reasonable opinion, violates any Tasty Lounge policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tasty Lounge’s sole discretion. Tasty Lounge will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium services are available on the Website. By selecting a premium service you agree to pay Tasty Lounge the monthly or annual subscription fees indicated for that service (the payment terms for PAID hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- PAID Services.
- Fees and Payment. By signing up for a PAID Services account you agree to pay Tasty Lounge the setup fees and monthly hosting fees indicated at http://menumill.com/signup in exchange for the services listed at http://menumill.com/signup. Applicable fees will be invoiced starting from the day your PAID Services are established and in advance of using such services. Tasty Lounge reserves the right to change the payment terms and fees upon thirty (30) days notice to you. Pricing of all Services are subject to change upon 30 days notice from Tasty Lounge. Such notice may come either in the form of an email or through a general posting on Menumill.com.
- Cancellation and Termination.Tasty Lounge may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Menumill.com free account (if you have one), you may simply discontinue using the Website or log in to your account and cancel from the Account/Billing link in your account console. If you wish to terminate your Menumill.com paid account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. In order to cancel your Menumill.com paid subscription you must log into your account and cancel from the Account page of your console. Canceling your Service may result in the immediate deletion of your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Support. PAID Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Menumill Support to respond within one business day) concerning the use of the PAID Services. “Priority” means that support for PAID Services customers takes priority over support for users of the free Menumill.com application services. All PAID Services support will be provided in accordance with Tasty Lounge standard PAID Services practices, procedures and policies.
- Responsibility of Website Visitors. Tasty Lounge has not reviewed, and cannot review, all of the material, including restaurant information, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tasty Lounge does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tasty Lounge disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Menumill.com links, and that link to Menumill.com. Tasty Lounge does not have any control over those non-Menumill websites and webpages, and is not responsible for their contents or their use. By linking to a non-Menumill website or webpage, Tasty Lounge does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tasty Lounge disclaims any responsibility for any harm resulting from your use of non-Menumill websites and webpages.
- Copyright Infringement and DMCA Policy. As Tasty Lounge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Menumill.com violates your copyright, you are encouraged to notify Tasty Lounge in accordance with Tasty Lounge’s Digital Millennium Copyright Act (”DMCA”) Policy. Tasty Lounge will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Tasty Lounge or others, Tasty Lounge may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Tasty Lounge will have no obligation to provide a refund of any amounts previously paid to Tasty Lounge.
- Intellectual Property. This Agreement does not transfer from Tasty Lounge to you any Tasty Lounge or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tasty Lounge. Tasty Lounge, Menumill, Menumill.com, the Menumill.com logo, and all other trademarks, service marks, graphics and logos used in connection with Menumill.com, or the Website are trademarks or registered trademarks of Tasty Lounge or Tasty Lounge’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tasty Lounge or third-party trademarks.
- Changes. Tasty Lounge reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tasty Lounge may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Website is provided “as is”. Tasty Lounge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tasty Lounge nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Tasty Lounge, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tasty Lounge under this agreement during the twelve (12) month period prior to the cause of action. Tasty Lounge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Tasty Lounge, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Tasty Lounge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tasty Lounge, or by the posting by Tasty Lounge of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Hawaii, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in City and County of Honolulu, Hawaii. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Honolulu, Hawaii, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tasty Lounge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any problems related to your Menumill.com paid billing account or need technical assistance with your website please email us. Technical assistance is not currently available over the phone.
For further information, please email us or contact us via regular mail:
Tasty Lounge LLC
157 Kuumele Place
Kailua, HI 96734