Terms of Service

Updated and Effective April 6, 2018


These Terms of Service (the "Terms of Service") govern your access to and use of the services provided and MenuBubble's websites (the "Services"). By using the Services, users agree to be bound by these Terms of Service, our Privacy Policy , all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). MenuBubble may amend the Terms at any time by posting a revised version of the Terms on our Services.


Definitions

In the Terms, we refer to:

  • a person who signs up for an account as a "User"

Basics

  1. Only one account is permitted per person.
  2. All information submitted by Users must be accurate and truthful. Users agree to notify MenuBubble immediately if their account has been used without authorization or there has been any other breach of security of the account. Each User also agrees to provide additional information MenuBubble may reasonably request and to answer truthfully and completely any questions MenuBubble might ask you in order to verify such User's identity.
  3. Users must not use threatening, abusive, harassing, defamatory, libelous, profane content or content that is invasive of another's privacy.
  4. Users are not permitted to use the Services to garner support for illegal activities, to cause harm to people or property, or to scam others.
  5. Users must disclose any food allergies they may have prior to making a purchase.
  6. Users must not:
    • impersonate any person or entity, including any employee or representative of MenuBubble, or infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.

License to Users

MenuBubble grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.

All content made available through the Services, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of MenuBubble or individual Users and is protected by United States and international intellectual property laws.


User Content

While using the Services, Users may post photos, text, graphics, logos artwork and other materials (collectively, "User Content"). Users grant MenuBubble a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and MenuBubble, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.


Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by MenuBubble. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, MenuBubble is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.


Indemnity

Each User agrees to defend, indemnify and hold harmless MenuBubble, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. MenuBubble may assume the exclusive defense and control of any matter for which Users have agreed to indemnify MenuBubble and each User agrees to assist and cooperate with MenuBubble in the defense or settlement of any such matters.


Indemnity

MENUBUBBLE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MENUBUBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow MenuBubble to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then MenuBubble's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, MenuBubble does not disclaim liability for: (a) fraudulent misrepresentation or intentional misconduct; or (b) any liability which it is not lawful to exclude either now or in the future.


Termination

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their account by following the instructions on the Services, but MenuBubble may retain the account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Notifications

Users agree MenuBubble may provide notifications to Users via email, text message, written or hard copy notice, or through conspicuous posting of notices on our website. Users may opt out of certain means of notification or to receive certain notifications.


Entire Agreement/Severability

These Terms are the entire agreement between each User and MenuBubble regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. MenuBubble's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.


Changes to Terms

MenuBubble may alter the Terms at any time, so please review them frequently. If a material change is made, MenuBubble may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at MenuBubble’s sole discretion, in good faith, and using common sense and reasonable judgment.