|
MenuUSA.com
Terms Of Service
- ACCEPTANCE
OF TERMS
MenuUSA provides its service to
you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
In addition, when using particular MenuUSA services, you and MenuUSA
shall be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the
TOS.
- DESCRIPTION
OF SERVICE
MenuUSA currently provides users
with access to a rich collection of on-line resources, including,
various communications tools, online forums, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new MenuUSA properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that MenuUSA assumes no
responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device. Please be aware that MenuUSA has created
certain areas on the Service that contain adult or mature content.
You must be at least 18 years of age to access and view such areas.
- YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of
the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or MenuUSA has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
MenuUSA has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any
portion thereof). MenuUSA is concerned about the safety and privacy
of all its users, particularly children. For this reason, parents of
children under the age of 13 who wish to allow their children access
to the Service must create a MenuUSA Family Account. When you create
a MenuUSA Family Account and add your child to the account, you
certify that you are at least 18 years old and that you are the
legal guardian of the child/children listed on the MenuUSA Family
Account. By adding a child to your MenuUSA Family Account, you also
give your child permission to access all of the Services including,
email, message boards, clubs, instant messages and chat (among
others). Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate for your
child.
- MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive a password and
account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to
(a) immediately notify MenuUSA of any unauthorized use of your
password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. MenuUSA
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
This means that you, and not MenuUSA, are entirely responsible for
all Content that you upload, post, email or otherwise transmit via
the Service. MenuUSA does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will MenuUSA be liable in any
way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
6. You agree to not use the
Service to:
|
a.
|
upload, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
|
|
b.
|
harm minors in any way;
|
|
c.
|
impersonate any person or entity, including, but not
limited to, a MenuUSA official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
|
|
d.
|
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
|
|
e.
|
upload, post, email or otherwise transmit any Content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
|
|
f.
|
upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
|
|
g.
|
upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
|
|
h.
|
upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
|
|
i.
|
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
|
|
j.
|
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
|
|
k.
|
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
|
|
l.
|
"stalk" or otherwise harass another; or
|
|
m.
|
collect or store personal data about other users.
|
You
acknowledge that MenuUSA does not pre-screen Content, but that
MenuUSA and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
MenuUSA and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by MenuUSA or submitted to
MenuUSA, including without limitation information in MenuUSA Message
Boards, MenuUSA Clubs, and in all other parts of the Service.
You
acknowledge and agree that MenuUSA 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 the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of MenuUSA, its
users and the public.
You
understand that the technical processing and transmission of the
Service, 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.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
Disclaimer
THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS
SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE
MAXIMUM EXTENT PERMITTED BY THE LAW, MENUUSA.COM INC. DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, MENUUSA.COM INC. DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE
IS ACCURATE, COMPLETE OR CURRENT. Price and availability information
is subject to change without notice.
Trademark
All
trademarks, service marks, and trade names (collectively the
"Marks") are proprietary to Menuusa.com Inc. or other
respective owners that have granted Menuusa.com Inc. the right and
license to use such Marks.
8.
PUBLIC CONTENT POSTED TO MENUUSA
(a)
For purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public. By way of
example, a publicly accessible area of the Service would include
public MenuUSA Clubs and MenuUSA Message Boards, but would not
include private MenuUSA Clubs or private MenuUSA communication
services such as MenuUSA Mail or MenuUSA Messenger.
(b)
With respect to Content you elect to post for inclusion in publicly
accessible areas of MenuUSA Clubs or that consists of photos or
other graphics you elect to post to any other publicly accessible
area of the Service, you grant MenuUSA the world-wide, royalty free
and non-exclusive license to reproduce, modify, adapt and publish
such Content on the Service solely for the purpose of displaying,
distributing and promoting the specific MenuUSA Club to which such
Content was submitted, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted to the
Service. This license exists only for as long as you elect to
continue to include such Content on the Service and shall be
terminated at the time you delete such Content from the Service.
(c)
With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant MenuUSA the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
9.
INDEMNITY
You
agree to indemnify and hold MenuUSA, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11.
MODIFICATIONS TO SERVICE
MenuUSA
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that MenuUSA shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
13.
TERMINATION
You
agree that MenuUSA, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if MenuUSA
believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. MenuUSA may also in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
MenuUSA may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that MenuUSA
shall not be liable to you or any third-party for any termination of
your access to the Service.
15.
LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because MenuUSA has no control
over such sites and resources, you acknowledge and agree that
MenuUSA is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge
and agree that MenuUSA shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16.
MENUUSA'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by MenuUSA or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
MenuUSA
grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by MenuUSA for use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
|
a.
|
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MENUUSA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
|
|
b.
|
MENUUSA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
|
|
c.
|
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
|
|
d.
|
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MENUUSA OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
|
18.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT MENUUSA SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
MENUUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
19.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If
you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 17 and 18 again. They go doubly for
you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. MenuUSA
shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the Service, and
shall not be responsible or liable for any trading or investment
decisions made based on such information.
21.
NOTICE
Notices
to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the
Service.
Privacy Statement for MenuUSA.com http://www.menuusa.com
MenuUsa.com
has created this privacy statement in order to demonstrate our firm
commitment to privacy. The following discloses our information
gathering and dissemination practices for this website: http://www.menuusa.com.
Our
site uses cookies to keep track of your shopping cart. We use
cookies to deliver content specific to your interests.
Our
site's registration form requires users to give us contact
information (like their name and email address). We use customer
contact information from the registration form to send the user
information about our company and promotional material from some of
our partners. The customer's contact information is also used to
contact the visitor when necessary. Users may opt-out of receiving
future mailings; see the choice/opt-out section below.
This
site contains links to other sites. http://www.menuusa.com is not
responsible for the privacy practices or the content of such Web
sites.
Our
site uses an order form for customers to request information,
products, and services. We collect visitor's contact information
(like their email address) and financial information (like their
account or credit card numbers). Contact information from the order
form is used to send orders, information about our company, and
promotional material from some of our partners to our customers. The
customer's contact information is also used to get in touch with the
visitor when necessary. Users may opt-out of receiving future
mailings; see the choice/opt-out section below. Financial
information that is collected is used to bill the user for products
and services.
Our
online surveys ask visitors for contact information (like their
email address) and demographic information (like their zip code,
age, or income level). We use contact data from our surveys to send
the user information about our company and promotional material from
some of our partners. The customer's contact information is also
used to contact the visitor when necessary. Users may opt-out of
receiving future mailings; see the choice/opt-out section below.
Demographic and profile data is also collected at our site. We use
this data to tailor our visitor's experience at our site, showing
them content that we think they might be interested in, and
displaying the content according to their preferences.
Public
Forums
This
site makes chat rooms, forums, message boards, and/or news groups
available to its users. Please remember that any information that is
disclosed in these areas becomes public information and you should
exercise caution when deciding to disclose your personal
information.
Security
This
site has security measures in place to protect the loss, misuse and
alteration of the information under our control. (*Please elaborate
on the security measures that you have in place.)
Supplementation
Information
This
site supplements the information that you provide with information
that is received from third parties.
Choice/Opt-Out
Our
site provides users the opportunity to opt-out of receiving
communications from us and our partners at the point where we
request information about the visitor.
Correct/Update
This
site gives users the following options for changing and modifying
information previously provided.
1.
visit Contacting> http://www.menuusa.com
Contacting
the Web Site
If
you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact
Guo
Hui Huang
MenuUsa.com
1018
Webster St.
Oakland,
CA 94607
info@menuusa.com
|