- ACCEPTANCE OF TERMS OF SERVICE
Hello and Welcome to BiggestMenu.com™ (“BiggestMenu™”) You are permitted to use
any of BiggestMenu’s services and sites (the “Services”). In using these Services,
you are subject to the following Terms of Service (“TOS”) and Copyright Notice and
all applicable laws and regulations, including laws and regulations that govern
patent, copyright, and trademark. The TOS may be updated without any notice to you.
You may view the most current TOS at
http://biggestmenu.com/docs/termsofservice.aspx.
By using this site after we post any changes, you agree to accept those changes,
whether or not you have reviewed them. If at any time you choose not to accept these
Terms and Conditions of use, please stop using this site.
- DESCRIPTION OF SERVICE
BiggestMenu is a web-portal that helps local merchants/people/citizens by putting
their pictures and content online. There can be various types of information displayed
on BiggestMenu. Simply, anything printed on paper or any photo taken by a camera
may be displayed and searched for based on keyword. These may include, but are not
limited to restaurant menus, pictures of food/restaurants/people/, coupons,forum
listings, comments, opinions, questions, etc. (“Content”)
- CONTENT
You understand that all Content posted on, transmitted through, or linked from the
Services, are the sole responsibility of the person from whom such Content originated.
You acknowledge that BiggestMenu is not responsible for material submitted to BiggestMenu.
BiggestMenu does not pre-screen, monitor, review or edit the Content submitted to
BiggestMenu. However, BiggestMenu and its designees have the right (but not the
obligation) at their sole discretion to refuse or remove any Content, in whole or
part, that, in BiggestMenu's judgment, does not comply with these TOS or is otherwise
undesirable, inappropriate or inaccurate. BiggestMenu is not responsible for any
failure, non-failure or delay in removing such Content. You will remain responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect of
such submitted material to BiggestMenu. You agree to immediately notify BiggestMenu
of any unauthorized use of the Service or any other breach of security known or
suspected by you.
You acknowledge and agree that BiggestMenu may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
these Terms of Services; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of BiggestMenu,
its users or the public.
You understand that the technical processing and transmission of the Web Site, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
BiggestMenu assumes no responsibility for the deletion or failure to store Content
or other information submitted by you or other users to BiggestMenu.com.
Any or all Content on the Web Site may be purged periodically in BiggestMenu’s sole
discretion. You acknowledge and agree that Content you view, submit or post is at
your own discretion and risk, including any reliance on the accuracy, completeness,
or usefulness of such Content. You acknowledge that you may not rely on any Content
posted on BiggestMenu. You further acknowledge and agree that the views expressed
on the Web Site do not necessarily reflect the views of BiggestMenu, and BiggestMenu
does not support or endorse Content posted or submitted by you or any User.
- RESTRICTIONS ON THE USE OF BIGGESTMENU SERVICES
Without limitation of the foregoing, you agree to not use the Web Site or Services
to:
-
Post Content that is offends the online community, such as Content that promotes
hate, racism, bigotry, or physical harm of any kind against any group or individual;
-
Post Content that transmits "junk mail", "chain letters," or unsolicited mass mailing
or "spamming";
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Post Content that promotes information that you know is incorrect, misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory;
-
Post Content that 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 manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
-
Post Content that harasses or advocates harassment of another person;
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Post Content that provides material that hurts minors under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under 18;
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Post Content that provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone’s privacy, or providing or
creating computer viruses;
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Post Content that solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
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Post Content that engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
You also agree that you will not collect or store information about the users of
this Web Site or the Content posted by others on this Web Site or use such information
for any purpose inconsistent with the purpose of this Web Site or for the purpose
of transmitting or facilitating transmission of unsolicited bulk electronic mail
or communications.
- CORRESPONDENCE WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that BiggestMenu shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
- NO RESALE OF SERVICE
You cannot reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Services.
- VIRUSES
BiggestMenu shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to, use of,
or browsing in the Site or your downloading of any materials, data, text, images,
video, or audio from the Site.
- LINKED SITES
From the BiggestMenu Web Site, you may be able to link to third parties' Web Sites
("Linked Sites") . Linked Sites are not, however, reviewed, controlled, or examined
by BiggestMenu in any way and BiggestMenu is not responsible for any of the Content
of these Linked Sites, or any additional links contained therein. BiggestMenu has
no association with or endorsement of the Linked Sites and therefore, it is your
sole responsibility to comply with the appropriate terms of service of the Linked
Sites as well as with any other obligation under copyright, secrecy, defamation,
decency, privacy, security and export laws related to the use of such Linked Sites
and any content contained thereon. BiggestMenu is not liable, directly or indirectly,
to anyone for any loss or damage arising from or occasioned by the creation or use
of the Linked Sites or the information or material accessed-through these Linked
Sites. BiggestMenu reserves the exclusive right, at its sole discretion, to add,
change, decline or remove, without notice, any feature or link to any of the Linked
Sites from the Web Site and/or introduce different features or links to different
users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT THAT IS UNSUITABLE FOR MINORS,
OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT
THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND
THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES
DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE,
PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU
ACCESS THESE LINKED SITES.
- LINKING TO BIGGESTMENU
Permission must be granted by us for any type of link to BiggestMenu.com. To seek
our permission, you may write or email your request to info@biggestmenu.com. We
reserve the right, however, to rescind any permission granted by us to link through
any type of link, and to require termination of any such link to the Web Site, at
our discretion at any time.
- INTELLECTUAL PROPERTY
All materials contained in this Web Site are the copyrighted property of BiggestMenu
and its affiliates or licensors. As between BiggestMenu and you, BiggestMenu is
the sole owner of all content on the Web Site, including without limitation, all
applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets,
and other intellectual property rights thereto. Except as otherwise specifically
provided in these Terms of Services, you may not download or save a copy of the
Web Site or any portion thereof, for any purpose. You may, however, print a copy
of individual screens appearing as part of the Web Site solely for your personal,
non-commercial use or records, provided that any marks, logos or other legends that
appear on the copied screens remain on, and are not removed from the printed or
stored images of such screens. All title and intellectual property rights in and
to the content of the Linked Sites is the property of the respective content owner
and may be protected by applicable copyright or other intellectual property laws
and treaties.
- PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail
the steps we take to do so. We urge you to read our privacy policy.
- DISCLAIMER OF WARRANTY
THE MATERIALS IN THE BIGGESTMENU SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY BIGGESTMENU SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY BIGGESTMENU SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY BIGGESTMENU SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to or from any
BIGGESTMENU Site. We cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to or from any
BIGGESTMENU Site or third-party content on our sites. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third parties.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, ANY BIGGESTMENU SITE OR MATERIALS OR FUNCTIONS
ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS)
FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY BIGGESTMENU SITE.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold BIGGESTMENU, and all of our officers,
directors, owners, employees, agents, information providers, affiliates, partners
and licensors (collectively, the "BIGGESTMENU Parties") harmless from and against
any and all liability, losses, costs and expenses (including attorneys' fees) incurred
by any BIGGESTMENU Party in connection with any claim including, but not limited
to, claims for defamation, violation of rights of publicity and/or privacy, copyright
infringement or trademark infringement arising out of:
1. Your use of our sites; 2. Any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you; 3. The content, quality or performance
of content that you submit to our sites; 4. Your connection to our sites; 5. Your
violation of these Terms; or 6. Your violation of the rights of any other person
or entity.
We reserve the right, at our own 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.
- COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, digital downloads, data compilations, is the property of BiggestMenu or
its Advertisers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of BiggestMenu.com
and protected by U.S. and international copyright laws.
- CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide BiggestMenu.com's copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying BiggestMenu.com
and its affiliates that your copyrighted material has been infringed.
-
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed upon;
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A description of where the material that you claim is infringing is located on the
site, if applicable;
-
Your address, telephone number, and e-mail address;
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A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
BiggestMenu’s Copyright Agent for notice of claims of copyright infringement on
its site can be reached as follows:
Copyright Agent
BiggestMenu Legal Department
legal@biggestmenu.com
(310) 709-7069
- APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of California, excluding its conflicts-of-law
rules, shall govern these Terms of Services. Please note that your use of the Web
Site may be subject to other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or dispute with BiggestMenu
or relating in any way to your use of the Web Site resides in the courts of the
State of California, and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of California, in connection
with any such dispute and including any claim involving BiggestMenu or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers
and content providers.
We control and operate this site from our offices in Santa Monica, California. We
do not represent that materials on the site are appropriate or available for use
outside of Santa Monica, California. Persons who choose to access this site from
other locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to
info@biggestmenu.com.
- PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect.
- ASSIGNMENT OF RIGHTS
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. BiggestMenu may transfer,
assign sublicense or pledge in any manner whatsoever, any of its rights and obligations
under this agreement to a subsidiary, affiliate, or successor thereof or to any
third party whatsoever, without notifying you or receiving your consent.
- CONTACT
If you have any questions about this policy or our site in general, please contact
us at:
BiggestMenu.com
info@biggestmenu.com
(310) 709-7069