We will permit you to use an awesome platform and set of tools if you promise to only use your powers for good and not evil. In other words, follow our rules, don’t misuse our stuff, spam people, harass them, be a jerk, or do other things that you know you shouldn’t be doing with or while using MenuSpring. In return, we'll work hard to give you a great platform and outstanding customer service.
Terms and condition of service and use of MenuSpring.com
These terms and conditions (the "Terms of Service") govern your access to and use of the site at www.menuspring.com , (the "Website") and all mobile applications that link to or reference these Terms of Service (collectively, the "Service") By using the Service, you (herein also referred to as the "Customer") hereby agree to be bound by the following Terms of Service. The Terms of Service detail the condition under which you update your restaurant or stall listing and other content (collectively “Content”).
These terms and conditions (the "Terms of Service") govern your access to and use of the site at www.menuspring.com , (the "Website") and all mobile applications that link to or reference these Terms of Service (collectively, the "Service") By using the Service, you (herein also referred to as the "User") hereby agree to be bound by the following Terms of Service
• MenuSpring.com, and all related content, materials and services is an application created, designed, owned and provided by MenuSpring for use in connection with your restaurant, market or stall blog or webpage.
• MenuSpring gives its customers the opportunity to create better webpages, market their restaurants and attract more customers on their own without having to earn a master’s degree in computer whispering.
• MenuSpring is a very powerful tool and is offered at a very low price. In consideration and exchange of each customer’s use of MenuSpring, MenuSpring requires every customer to act with integrity, to follow some simple rules and to abide by these Terms and Conditions of Service and Use.
• MenuSpring wishes that all of our legal junk could be summed up to “we are just here to help you,” but our solicitors got ahold of this and, as is the case with solicitors,… things can never be that simple. So, MenuSpring hopes that you enjoy our long and boring legal policies and other terms and conditions.
By using or accessing MenuSpring, you thereby agree, (i) that you have read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance herewith, (ii) to be bound by these Terms and Conditions, any terms, conditions or other policies of Pancake and any terms, conditions or other policies of Third-Party Websites, as each may be amended or supplemented from time to time without notice; and (iii) that your use of MenuSpring shall comply with all applicable federal, state and local laws or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws applicable to your use. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing MenuSpring.
Additionally, and without limiting the foregoing, by using or accessing MenuSpring, you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) are the rightful owner of the business, (c) are not currently restricted from using MenuSpring, or not otherwise prohibited from having a MenuSpring account, (d) are not a competitor of MenuSpring or are not using MenuSpring for reasons that are in competition with MenuSpring (e) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of MenuSpring, including intellectual property rights such as copyright or trademark rights; and (g) agree to provide at your cost all equipment, software, and internet access necessary to use MenuSpring.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
• Not to transmit, send or otherwise post unauthorized commercial communications (such as spam) using MenuSpring;
• Not to collect personal information, content or other information related to users
• Not to access MenuSpring using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
• Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
• Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
• Not to bully, intimidate, or harass any person;
• Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by MenuSpring in its sole discretion;
• Not to use MenuSpring in any manner that is, or could reasonably be construed to be, unlawful, fraudulent, misleading, malicious, or discriminatory;
• Not to take any action that could disable, overburden, or impair the operation or availability of MenuSpring, such as a denial of service attack;
• Not to facilitate or encourage any violations of this Statement;
• Not to make your MenuSpring account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
• Not to use your MenuSpring account for file uploads, sharing, archiving, backup, mirroring or distribution sites;
• Not to use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
• Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, MenuSpring or any portion thereof;
• Not to take any other action that could result in any damage or disruption to MenuSpring, or that could otherwise result in any liability, damages, costs or expenses on the part of MenuSpring.
All media uploaded by you in connection with MenuSpring shall be solely used for, and you hereby agree to solely use it for, your website or blog, your personal webpage on Third-Party Websites and any communication originating from the foregoing. If your use of MenuSpring and your resource consumption is disproportionate to typical users, it is in MenuSpring’s sole determination and MenuSpring reserves the right to either change your account, without notice and in its sole discretion, to another type of MenuSpring account that is commensurate with your use of MenuSpring, or to cancel or terminate your account.
By making Content available through the Service, you, the customer, represent and warrant that
• You hold all rights and licenses necessary for the purposes of commercially exploiting the Content through the Service and are not prevented from doing so;
• the Content does not violate or otherwise infringe any trademark, copyright or other proprietary right of any third party;
• you shall indemnify MenuSpring against any losses, including reasonable legal fees, in the event of legal action against MenuSpring by a third party in respect of any purported violation or infringement of any third party right contemplated above;
• You authorize MenuSpring, its successors and assigns, on a worldwide, non-exclusive, royalty free, sub-licensable and transferable basis, the right to use your company name, logos, trademarks and likenesses for the purposes of exploiting and promoting the Content through the Service and exploiting and promoting the Content, Service and MenuSpring through all media;
• MenuSpring grants the Content Provider a revocable licence to use its (MenuSrping's) logos and likenesses solely for the purposes of promoting the Service and the Content;
• MenuSpring acknowledges that in certain cases it has no intellectual property rights in any intellectual property owned by its users and uploaded to or used in MenuSpring. However, by allowing your online content to be viewed publicly, including any content developed using MenuSpring, you acknowledge and agree that such public content may be freely viewed and shared.
• You further acknowledge and agree that MenuSpring is not, in any manner, responsible for the security or protection of any intellectual property or similar content uploaded to MenuSpring, the enforcement of any intellectual property or similar rights with respect to such content, and that MenuSpring shall not be liable for any claims, damages, liabilities or other costs or expenses related thereto.
Additionally, you grant MenuSpring a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to MenuSpring for the purpose of improving or modifying MenuSpring or for the purpose of creating or developing a new service or product related to, arising from or ancillary or similar to MenuSpring, without any further consent, notice and/or compensation to you or to any third parties.
Violation; Termination of Account
MenuSpring reserves the right to investigate violations of any of these Terms and Conditions or any other policies of MenuSpring, or any other violations of any local law, rule or regulation, and to pursue any remedy available to MenuSpring whether at law, in equity or otherwise. You hereby acknowledge and agree that MenuSpring may notify, involve and cooperate with local authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of MenuSpring, and any other violations of any local laws, rules or regulations. You further acknowledge and agree that MenuSpring has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through MenuSpring, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that MenuSpring may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the account of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that MenuSpring finds, in its sole discretion, to be objectionable.
You acknowledge and agree that MenuSpring may, in its sole discretion, cancel, suspend or terminate your Account if you breach these Terms and Conditions. MenuSpring may refuse, in its sole discretion, to permit any use of any service for any reason at any time.
Payment and Refunds
When opening your MenuSpring account, a valid credit or debit card will be required for billing purposes. You hereby allow MenuSpring to store (or cause a third party to store on behalf of MenuSpring) such payment information and agree to the following policies and procedures for payment of fees related to MenuSpring. Immediately upon signing up for your MenuSpring account, the fees associated with the first month of your MenuSpring account will be billed to such credit or debit card. Within one (1) or two (2) business day of each thirty (30) day anniversary of the date on which you opened your MenuSpring account, the monthly fees associated with your MenuSpring account for the following month will be billed to such credit or debit card by MenuSpring in accordance with the then-current MenuSpring pricing schedule. If the credit or debit card associated with your MenuSpring account should expire, terminate or any payment is otherwise rejected by the issuing company, MenuSpring may immediately terminate your account. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account, and (2) that a valid email address remains on file for your account for any communications from MenuSpring related to your account.
All payments made to MenuSpring in connection with your account are non-refundable, and MenuSpring does not offer, and is not required to provide, any refunds or credits. There is no circumstance in which you will be entitled to, or MenuSpring is required to provide, a refund or credit. In its sole discretion, MenuSpring may provide a refund if (i) MenuSpring terminates your account without cause before the end of a billing period for which you have paid in full, or (ii) you are seeking a refund otherwise specifically provided for by these Terms and Conditions or other written policies of MenuSpring then in effect and fully applicable.
Modifications to MenuSpring and Pricing
MenuSpring reserves the right to, and you acknowledge and agree that MenuSpring may modify including without limitation the services offered thereby, and the fees, costs and pricing associated with the services at any time and without notice. Without limiting the generality of the foregoing, MenuSpring reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services(or any part thereof) without notice. Any new features that augment or enhance the then-current version of Services, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in MenuSpring’s sole discretion, to a price increase. MenuSpring shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of MenuSpring.
Without limiting the foregoing, MenuSpring may use banner notices or similar devices to alert you to certain modifications to Services or the pricing associated therewith. Alternatively, notice may consist of an email from MenuSpring to an email address associated with your account, even if we have other contact information. You also agree that MenuSpring may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or associated services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about MenuSpring or pricing.
Upgrading, Downgrading or Canceling Account
Your MenuSpring account may be upgraded, downgraded or canceled, subject to the terms hereof, at any time.
When you upgrade, you will immediately be charged the difference between your upgraded account and your prior account.
When you downgrade from a paid account to another paid account, the new account will come in affect at the next building cycle and you will not receive any credit for the downgrade. You hereby acknowledge that downgrading your account may cause the loss of services, features or capacity of your account, and that you are solely responsible for the result of any such downgrade, including without limitation, lost profits, claims, damages or other liabilities, costs or expenses.
When you cancel, you are solely responsible for properly canceling your MenuSpring account. Your account may be cancelled at any time by (i) clicking on the Account link in the navigation bar at the top of the screen and following the onscreen prompts, (ii) by requesting such cancellation in writing addressed and sent to MenuSpring at 145-157 St John Street, London, EC1V 4PW or (iii) by e-mailing email@example.com and submitting your restaurant name, phone number and date of cancellation. Cancelation requests by telephone, electronic mail, facsimile, carrier pigeon or other means of communication cannot and will not be accepted or effective. The cancelation of your account will immediately result in the deactivation and deletion of your account, the denial of access to your account and the forfeiture and relinquishment of all content and information in your account. No content or information can be recovered once your account is cancelled, and you assume all responsibility for preserving any content or information on your account prior to its cancellation. MenuSpring may retain content or information from your account after cancelation in backup and/or archival copies of MenuSpring and related databases, but such copies, if any, will not be available to you. You may request in writing that MenuSpring delete any such copies from your account, and MenuSpring will make a reasonable commercial effort to timely delete such copies of your account after such a request is made.
Use of MenuSpring on Third-Party Websites
In addition to these Terms and Conditions and any other polices and requirements of MenuSpring, you must abide by all of the rules, regulations and other policies of Third-Party Websites, including without limitation any Statement of Rights and Responsibilities, or other terms or conditions of service. Should you fail to adhere to the policies of any Third-Party Website, and without limiting any rights of Pancake or any of your obligations hereunder, MenuSpring reserves the right to terminate your account. Even though MenuSpring and Third-Party Websites are not affiliated in any manner, MenuSpring does not condone or support any violation of the policies of Third-Party Websites.
GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks; and
• the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
MenuSpring, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
You agree that your use of the Content shall be at your own sole risk. MenuSpring hereby disclaims to the fullest extent permitted by applicable law all representations or warranties, express or implied , in connection with the Service. Specifically, MenuSpring does not represent or warrant that the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. In no event shall MenuSpring or its affiliates, agents, officers, directors, or employees be liable to you, in contract, tort, or otherwise, for any damages of any kind arising out of your access to the Content, including but not limited to damages arising from your use of or reliance upon information obtained from or through the Service.
Each user shall, and hereby agrees to, indemnify and hold harmless, MenuSpring, and its officers, directors, shareholders, employees and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using MenuSpring, or (iii) any use of, access to or other activity engaged in, on or through MenuSpring.
MenuSpring reserves the right to revise these Terms and Conditions at any time without notice. By using MenuSpring, you are agreeing to be bound by the then current version of these Terms and Conditions.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
1.The Service together with all content data and other materials contained in the Service (the "Content") is owned or controlled by MenuSpring Ltd. ("MenuSpring") registered in England and Wales.
2.You agree that your use of the Content shall be at your own sole risk. MenuSpring hereby disclaims to the fullest extent permitted by applicable law all representations or warranties, express or implied , in connection with the Service. Specifically, MenuSpring does not represent or warrant that the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. In no event shall MenuSpring or its affiliates, agents, officers, directors, or employees be liable to you, in contract, tort, or otherwise, for any damages of any kind arising out of your access to the Content, including but not limited to damages arising from your use of or reliance upon information obtained from or through the Service.
3.The Service may provide links to other websites or applications (each, a "Third Party Site") from time to time. These links are provided for your convenience and MenuSpring: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable, directly or indirectly, in any way for any loss or damage which you may suffer by using such websites or in connection with use of or reliance on any such content, goods or websites available on or through any such website or resource. You agree that we are not responsible for the availability or contents of such Third Party Sites and if you decide to access linked websites and/or obtain goods or services from providers accessible via such links, you do so at your own risk. Some of the services made available as part of the Service are provided in connection with third parties and subject to additional terms and conditions of the Third Party Site.
4.The name, trademarks, service marks, designs, and logos of the restaurant(s) identified on the Website (each a "Listed Restaurant" and together the "Listed Restaurants"), and any accompanying menu information is the property of the relevant Listed Restaurant and is protected by applicable copyright law.
5.The Website and its Content, menus of Listed Restaurants or hypertext links to a Listed Restaurant website or other web sites, are provided solely for informational purposes and are not endorsements or guarantees by MenuSpring of any Listed Restaurant or the products or services available from such websites. We accept no liability and make no endorsements of such websites, nor do we guarantee the fitness or safety of the same. We accept no liability in connection with the inclusion or omission of any restaurant from MenuSpring, and will not be responsible for changes in menus, prices, phone numbers, addresses, ownership, management, and other factual information regarding the Listed Restaurants.
6.You may use or download Content for noncommercial, personal use only. You agree to retain all copyright and other proprietary notices displayed on the Content. You agree not to distribute, modify, transmit, post, or otherwise use the Content for public or commercial purposes without the written permission of the relevant copyright holder (ie- MenuSpring or the respective Listed Restaurant, as applicable). You may not use any "page-scrape," "spider," "robot," "deep-link" or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of the Website.
7.You acknowledge that the Internet, our systems, websites and/or equipment may from time to time be less than fully operative and that we will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted service under these or any other circumstances.
8.We may arrange for unaffiliated third parties to provide services such as programming computer code, writing online content, managing and hosting the Website, preparing and providing advertisements, processing purchase orders, and assisting Website users. In addition, users other than you may submit emails or messages to the Website. We do not control any such third parties and disclaim any obligation, risk, or liability with regard to their products, services, advertisements, and content appearing in the Website. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties. Unless expressly indicated otherwise in the Website, we do not endorse, approve, or sponsor any products, services, advertisements, or content of third parties.
9.Without limiting the generality of the foregoing, you specifically agree not to do the following in connection with the Website: impersonate any person or entity, including without limitation a message board monitor, chat room host, or another user; falsely state or misrepresent your affiliation with another person or entity; engage in any form of ratings fraud, including but not limited to the creation of multiple accounts in order to place multiple votes for a single restaurant and/or post multiple reviews or comments for a single restaurant by posing as a different user; forge email addresses or otherwise manipulate identifiers in order to disguise the origin of any Website content; access or use the account of another user without permission; distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other messages for any purpose; violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of an employment, consulting, or nondisclosure agreement); violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities laws); infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person; provide or deliver any messages that are unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, invasive of privacy, infringing on the rights of others, hateful, or otherwise objectionable; "stalk" or harass other users or persons; and/or harm minors in any way.
10.We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of the Website or any of their features in response to a breach of these Terms of Service, or for any other reason; (ii) move, edit, delete, or destroy any materials that you provide or deliver to the Website; (iii) access, preserve, or disclose any materials that you provide or deliver to the Website; or (iv) take any other remedial action available at law in response to a breach of these Terms of Service.
12.After submitting 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 such Content without the prior written permission of our authorized representative. For permission, please contact us at firstname.lastname@example.org
13.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.
14.MenuSpring, unless otherwise stated, owns or controls all copyright, database and all other intellectual property rights in the Website and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Service or its contents in any form (including storing it in any medium) other than as expressly allowed herein.
15. You hereby agree to indemnify, defend and hold harmless MenuSpring, its affiliates, and employees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MenuSpring reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
16.Your use of the Website and/or its content creates no partnership, client, fiduciary or other professional relationship with MenuSpring.
17.These Terms of Service, as may be amended from time to time as set forth in paragraph 19, constitutes the entire agreement between the parties on the subject matter hereof.
18.If any part, term, or provision of these Terms of Service shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of the United Kingdom having jurisdiction over these Terms of Service, the remaining portions or provisions shall still remain valid and continue in full force and effect.
19.These Terms of Service may be changed at any time without prior notice, and any such amendment will be applicable to all users of the Service from the date and time such revised terms have been posted on the Website. User’s continued use of the Service constitutes agreement with and acceptance of any such amendment or other changes.
20.These Terms of Service shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the English Courts.