Terms of Service
Hi and
welcome Cheapeatery.com! We’re here to help you find the best restaurants
serving meals for $10 and under. Cheapeatery.com (the “Site”) provides our
content and services to you on this Site to the following terms and conditions
(the “Terms”). We have put these Terms together so that you know your legal
rights and that these rights are respected by others. In turn, you will know
the legal rights of the Site and respect the rights that the Site has.
These Terms
may change from time to time so make sure you check back to see what’s new. Cheapeatery.com
reserves the right to amend any or all of the Terms at any time without
notification. Your continued use of the Site after any modification to the
Terms indicates your acceptance of the modification. By using this Site, you
expressly agree to be bound by these Terms and to follow these Terms and all
other applicable laws and regulations governing the Site. Do not use the Site
if you are unwilling or unable to be bound by these Terms. Cheapeatery.com
reserves the right to refuse service, cancel orders and terminate accounts if
we believe that your conduct violates the Terms.
The
headings used throughout this Agreement are meant to be illustrative of the
subjects discussed under each heading and may not cover every topic identified
in the heading. As a result, please read the Agreement in its entirety.
Use of the Site:
You may use
or download material displayed on this Site for noncommercial, personal use
only. Any material that is used or downloaded must retain all copyright and
other proprietary notices displayed on the materials. You may not distribute,
copy, modify, transmit, post, or otherwise use the content of this Site and/or
content contained in e-mails distributed to you from Cheapeatery.com for public
or commercial purposes without Cheapeatery.com’s written permission. You may
not deep-link, use a spider, use a robot, page scrape or use any other program,
device, algorithm or other methodologies to copy, access, acquire or monitor
any portion of this Site. Any use
of the Site that results in the deletion of the Sites infrastructure is not
allowed. Illegal and/or unauthorized use of the Site will be investigated and
subject to appropriate legal action including, without limitation, civil,
criminal, and injunctive redress.
Becoming
a Member and Creating a Profile Page:
If you
choose to become a member of Cheapeatery.com and create a Profile page, you
will be allowed to save your commonly used search addresses, save your favorite
restaurants, post ratings and reviews of restaurants, keep a log of your
reviews and perform other abilities given to members. As a member of
Cheapeatery.com, you agree to take
full responsibility for maintaining the confidentiality of your account username,
password, and all related activity that occurs under your account’s username.
If you violate these Terms, Cheapeatery.com reserves the right to terminate
your accounts, remove or modify any account-related material or access or take
any other action that Cheapeatery.com finds appropriate.
Submissions:
Users of
the Site who have joined as members may participate in reviewing and rating
restaurants. Users/Members agree that any and all information that was
submitted to the Site including Star Ratings/Votes, written reviews, messages,
emails, photos, ideas, suggestions, creative material, and information other
than personally identifiable information such as names, birthdates, and email
addresses (collectively, "Content") is the exclusive property of Cheapeatery.com
and may be used by us for any purpose. Content that you submit shall be deemed
a "work made for hire" under the copyright law of the United States
and other countries. If such provision is not sufficient to vest exclusive
ownership with us, then you hereby agree to transfer all of your ownership
rights in the Content to us immediately upon submission. Such transfer shall be
irrevocable, without compensation, and applicable throughout the universe and
for perpetuity. Cheapeatery.com reserves the right to modify, republish,
reproduce and/or distribute any and all Content submitted to Cheapeatery.com.
We may, in our sole discretion, elect to use or not use the Content in any
product, manner, or medium (whether existing now or in the future), without
attribution or payment to you. We are not obligated to return any Content to
you under any circumstances.
After
submitting the Content to us, you may not reproduce, distribute, publish,
transmit, modify, adapt, translate, display, sell, license, publicly perform,
prepare derivative works based upon, or otherwise use or exploit the Content
without the prior written permission of our authorized representative.
If you
submit any Content to us, you represent and warrant that (i) you are the sole
author of the Content, and the Content is not copied from or based on, in whole
or in part, any other work, except for work in the "public domain" or
which we provide; (ii) our use of the Content will not violate or infringe any
right of you or any third party; and (iii) no pending or threatened claim or
legal proceeding exists with respect to the Content.
You hereby
authorize us to publish, or authorize others to publish, your name, likeness,
voice, and biographical material to the extent that you provide them to us.
This authorization is unrestricted, royalty-free, irrevocable, perpetual,
universal, and transferable, and applies to any product, manner, or medium
(whether existing now or in the future).
Reviews are
not endorsed by Cheapeatery.com. Cheapeatery.com reserves the right, but not
the obligation, to remove or refuse to post any review or photo if it contains
or features any of the following unacceptable material:
- Harmful, abusive or offensive
language including but not limited to: expletives, profanities,
obscenities, personal attacks, threats, harassment, vulgarities, sexually
explicit language and hate speech (e.g., racist/discriminatory speech.) as
determined by Cheapeatery.com
- Reviews that do not contain
comments of any value (e.g. “it was wonderful”).
- Personal information like phone
numbers, email addresses, physical addresses, URL’s, etc.
- Reviews posted by those with
inappropriate user names as determined by Cheapeatery.com
- Non-English reviews or messages
encrypted with programs to disrupt, damage or interfere with the Site or
intercept any data from the Site and it’s users. Reviews submitted in all
capitol letters will not be posted.
- Commercial reviews or any
material that would be considered advertising, publicity or commercial in
nature.
- Material that would be illegal
or would violate federal, state or local law.
- Reviews submitted by the
business’ owner or employees (past or present) or Reviews submitted by a
business competitor or any form of ratings fraud.
- Reviews for which a user
impersonates another person or entity or falsely states or misrepresents
an affiliation with another person or entity.
- Reviews that would be
considered to be spam, chain letters, contests, junk email, pyramid
schemes, surveys, or other mass messaging, whether commercial in nature or
not
Copyrights:
All Content
on the Site and/or on e-mails distributed to you from Cheapeatery.com,
including text, graphics, logos, button icons, and images, and the selection
and arrangement of such Content is the exclusive property of Cheapeatery.com or
its licensors and is protected by U.S. and international copyright laws. All
rights not expressly granted are reserved.
Trademarks:
The
trademarks, designs, and logos (collectively, the "Trademarks")
displayed on this Site and/or on e-mails sent to you are the registered and
unregistered Trademarks of Cheapeatery.com and of Cheapeatery.com’s licensors.
Your use of the Trademarks displayed on this Site is strictly prohibited.
Nothing in this Agreement grants you any rights or license to the Trademarks.
Unauthorized use is prohibited.
Privacy:
If you’d
like to know more about our practices and policies in relation to collecting
and using user information, please visit our Privacy Policy page for the
details.
Disclaimers,
Warranties and Limitations of Liability
YOUR USE OF
THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITE IS DELIVERED TO YOU
“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CHEAPEATERY.COM DOES NOT AND CANNOT PROMISE THAT THE INFORMATION ON THE SITE
WILL BE ERRORLESS, UNINTERRUPTED OR WILL PROVIDE ANY SPECIFIC RESULTS FROM THE
USE OF THE SITE, IT’S CONTENTS AND IT’S LINKS. WE MAKE NO WARRANTIES,
GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS,
RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR
SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR
OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. CHEAPEATERY.COM
CANNOT GUARANTEE THAT FILES YOU DOWLOAD FROM THE SITE WILL BE FREE AND CLEAR OF
ANY VIRUS OR CONTAMINATION OR DESTRUCTIVE FEATURES. IN NO EVENT SHALL
CHEAPEATERY.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITE. CHEAPEATERY.COM
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTY USERS, CHEAPEATERY.COM USERS, ADVERTISERS AND/OR YOUR USE OF THE
SITE. CHEAPEATERY.COM IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR
FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
CHEAPEATERY.COM ACCEPTS NO LIABILITY IN CONNECTION WITH THE INCLUSION OR
OMISSION OF ANY RESTAURANT FROM THE SITE AND WILL NOT BE RESPONSIBLE FOR
CHANGES IN MENUS, PRICES, PHONE NUMBERS, ADDRESSES, OWNERSHIP, MANAGEMENT, AND
OTHER FACTUAL INFORMATION REGARDING LISTED RESTAURANTS. THE SITE AND ITS CONTENTS,
THE MENUS OF LISTED RESTAURANTS, OR LINKS TO THE LISTED RESTAURANT’S WEB SITE
OR OTHER WEBSITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT ENDORSEMENTS
OR GUARNATEES BY CHEAPEATERY.COM.
You agree
to indemnify and hold Cheapeatery.com, its parents, subsidiaries, affiliates,
any related companies, suppliers, licensors and partners, and the officers,
directors, employees, agents and representatives of each of them harmless,
including costs, liabilities and legal fees, from any claim or demand made by
any third party due to or arising out of (i) your access to or use of the Site,
(ii) your violation of the Terms of Service, or (iii) the infringement by you,
or any third party using your account, of any intellectual property or other
right of any person or entity. Cheapeatery.com 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. You agree not to settle any matter without the prior written
consent of Cheapeatery.com. Cheapeatery.com will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
Severability:
If any
provision of this Agreement is deemed unlawful, invalid, or unenforceable by a
judicial court for any reason, then that provision shall be deemed severed from
this Agreement, and the remainder of the Agreement shall continue in full force
and effect.
