My Menu Privacy & TERMs

Your Privacy Is Important To Us

MY MENU PRIVACY POLICY

THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF THE MY MENU ONLINE SERVICES, INCLUDING USE OF OUR WEBSITE, MOBILE APPLICATIONS, AND OTHER ONLINE PROGRAMS (“MM ONLINE SERVICES”).BY DOWNLOADING OR USING ANY OF THE MM ONLINE SERVICES, YOU ARE AGREEING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE ANY OF THE MM ONLINE SERVICES.

We want you to enjoy every visit to My Menu.com as well as every experience with MM Online Services. We do collect information about you and we may share that information with third parties in certain circumstances, so please read on for more details about how we use personal information we collect about you when you use the MM Online Services.

My Menu controls and operates its business and the MM Online Services from within the United States of America. Our online privacy practices are governed by the laws of the United States and the State of Hawaii, which may differ from privacy laws in your state or home country. By submitting your personal information to us or our agents, through the use of the MM Online Services, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

We may change our Privacy Policy, so please check this page from time to time, as your continued use of the MM Online Services, after we publish our changes, indicates your acceptance of any changed terms.

You can jump to specific areas of our Privacy Policy by clicking on the links below, or you can read on for the full Privacy Policy:

1. What Kind Of Information We Collect

Whether accessing the MM Online Services from your home computer or while on the run from your smart phone or tablet, My Menu and its agents may collect some information that identifies you or relates to you as an individual (“Personal Information”), such as your:

  • name;

  • mailing address;

  • telephone number;

  • e-mail address;

  • username and password (for account administration);

  • device ID, including IP address;

  • geolocation (if using a mobile application and you consent to providing it);

  • financial account information and other payment information (that you submit to us for order processing); and

  • additional personal information necessary for the administration of certain promotional events.

    In addition, we may collect other types of data elements (“Other Information”) that do notreveal your identity or that do not relate directly to you or any other individual, such as:

  • browser and device information, including operating system;

  • demographic information and other information provided by you that we may

    combine with other users of the MM Online Services or use on its own;

  • mobile application usage data;

  • aggregated information such as “click stream” information such as entry and exit

    points for the MM Online Services (including referring URLs or domains), certain

    MM Online Services traffic statistics, page views, and impressions; and

  • information collected through cookies, pixel tags and other technologies described

    in more detail later in this Privacy Policy.

    In addition, when users request pages on the MM Online Services, our servers automatically log the IP address of the particular user. The IP address is a unique number assigned to your computer in order to identify it whenever you are surfing the Web.

2. How We Use The Personal Information We Collect

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the MM Online Services. For example, we may use Personal Information to:

  • process and manage your use of our services;

  • respond to your inquiries or requests, and to post your comments or statements on

    message boards or in our online forums;

  • create and deliver personalized promotions, including by combining your

    Personal Information with Other Information;

  • communicate with you by mail, telephone, facsimile, e-mail, mobile alerts and

    SMS text messaging about My Menu to update you about changes to the MM

    Online Services;

  • communicate with you, including by mail, telephone, facsimile, e-mail, mobile

    alerts and SMS text messaging, in connection with our marketing efforts, such as when we send you offers and promotions that you can take advantage of through the MM Online Services;

  • allow you to send communications or benefits to friends or family through the MM Online Services. By using this functionality, you acknowledge and agree that you are permitted to use and provide us with your friend’s or family’s nameand e-mail address; and

  • further our business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify the MM Online

Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate and expand our business activities.

We may send you “transactional or relationship” communications to you, such as notices tofacilitate a transaction you have conducted or messages that provide information about your existing account, using various electronic communication, including email and mobile communications. You must opt-in to receive email and mobile communications (other than“transactional or relationship” communications referenced above), including SMS text messagesfrom My Menu. Any opt-in will be subject to this Privacy Policy and we’ll only email you, send you mobile alerts or SMS text messages if you opt-in to receive them from us. If, at any time, you decide you would rather not receive these types of communications from My Menu, you can opt-out by clicking the unsubscribe link at the bottom of any My Menu email or update the Contact Preferences for your My Menu account.

3. How We May Disclose Personal Information We Collect

Your privacy is very important to us. We generally won’t disclose your Personal Information toanyone outside of My Menu, except in the following circumstances.

Service Providers

We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.

Affiliates

We may disclose personal Information to our affiliates (“Affiliates”) for the purposes describedin this Privacy Policy, including for marketing purposes, and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us around the globe.

To Perform Services You Request

We may disclose your Personal Information to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and forums. When you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the MM Online Services, including through our gifting program.

Corporate Transactions or Events

We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

Other Legal Reasons

In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, privacy, safety or property of My Menu, our Affiliates, you and others; and (7) to enforce our terms and conditions.

4. How We May Use And Disclose Other Information We Collect

Similarly, we generally use Other Information for any purpose not prohibited by law. In particular, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Other Information, provided that such information does not personally identify you. The Other Information that we collect generally will not personally identify you or be correlated to you individually for external purposes.

Where we combine Other Information with Personal Information in a way that can identify you or be used to identify you personally, we will treat that information as Personal Information, subject to the provisions of this Privacy Policy.

5. How To Manage Your Account Information

You can visit the account section of the MM Online Services website to manage and correct any factual inaccuracies in the information we have on file about you.

6. How We Protect Your Personal Information

My Menu has implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through our MM Online Services.

With respect to payment card information and other Personal Information collected through our MM Online Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission.

Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software. If you believe that your My Menu account or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below.

7. Our Policy on Cookies, Interest-Based Advertising and “Do Not Track”

What Are Cookies?

Cookies are small text files placed in your computer browser directories to store your information about your use of the MM Online Services and your activities online (collectively,“Cookies”). A Cookie will typically contain the name of the domain (internet location) fromwhich the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value,usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them,
visit
www.allaboutcookies.org.

How We Use Cookies

We use Cookies so that we can improve your online experience for example, by remembering you when you come back to visit us, and making the content you see more relevant to you.

Your Control of Cookies

If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all of the features and functionality of the MM Online Services. The Help feature on most browsers will tell you how to prevent your browser from accepting new Cookies, how to have the browser notify you when you receive a new Cookie, or how to disable Cookies altogether. If you block or otherwise reject our Cookies, you may lose some of the functionality of our site.

Online Advertising

The MM Online Services also use Cookies and other technologies such as pixel tags, web beacons and clear GIF files (collectively, “Data Collection Technologies”) to help manage ouronline advertising program. These Data Collection Technologies are provided by our ad management partners and other third parties.

In addition, we and our ad management partners may use these Data Collection Technologies to track the actions of users of the MM Online Services, to measure statistics of our marketing efforts, and to deliver advertisements on the MM Online Services that may be more relevant to individual consumers and that will improve the consumer experience on the MM Online Services. For example, if you give us your zip code and we thus know you live in an area where a particular in-store promotion is going on (such as a new snack offering), we may deliver to you an advertisement that is specific to that promotion.

We support the Self-Regulatory Principles for Online Behavioral Advertising of the DigitalAdvertising Alliance (“Principles”). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest based advertising purposes. More information about these Principles can be found at www.aboutads.info/.

Opting Out of Interest-Based Advertisements

If you want to “opt out” of receiving online interest-based advertisements, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/. An“optout” Cookie will be placed on your device indicating that you do not want to receiveinterest-based advertisements. If you delete Cookies on your device generally, you will need to opt-out again.

Please note that when you “optout” of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on the MM Online Services. It means that the online ads that you do see will not be based on your particular interests.

In addition, please note that certain third parties that we do not control may use Data Collection Technologies on the MM Online Services. When you “optout” of receiving interest-based advertisements through one of the links above, these Data Collection Technologies may still collect information about your use of the MM Online Services, including for analytics and fraud prevention as well as any other purpose permitted under the Principles. When we use the term“Data Collection Technologies” we are referring to any technology that collects information about your use of the MM Online Services and potentially about your activities when you leave the Services and visit other sites on the Internet.

8. Social Networking And Third Party Sites

When you link to the MM Online Services through any social networking or third party sites, applications or services, please remember that you are bound by the privacy policy of the social network or third-party site, application or service, and we do not control and are not responsible for the privacy practices of such sites. You should consult the privacy policy of such sites to determine the information practices of those sites.

9. Children’s Online Privacy

My Menu recognizes the importance of protecting the privacy of children. We will not knowingly collect any personally identifiable information from children under the age of thirteen (13). When a user discloses personal information on the MM Online Services, the user is representing to us that he or she is at least thirteen (13) years of age.

If a child under the age of thirteen (13) has provided us with personally identifiable information through the MM Online Services, we ask that a parent or guardian e-mail us at support@mymenuinc.com, and we will delete the child’s information from ourrecords.

10. International

This English-language Privacy Policy is My Menus official statement of its MM Online Services privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into another language, this English-language document prevails.

11. Contact Us

If you have any questions regarding our privacy practices, you can email us at support@mymenuinc.com. You also can telephone us at (808)358-1481.

 

MY MENU TERMS OF USE

BY USING THIS MY MENU MOBILE APP (THE “APP”), YOU (THE “USER” OR “YOU)ACCEPT THESE TERMS OF USE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APP, BETWEEN USER AND MY MENU INC., INCLUDING ITS SUBSIDIARY, RELATED, ANDAFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “MY MENU”). BY DOWNLOADING, INSTALLING, OR USING THE APP, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APP AND DISCONTINUE ITS USE. THESE TERMS ARE ALSO AVAILABLE ON THE MY MENU’S WEBSITE (http://www.mymenuinc.com) AND IN THE APP’S ABOUT USSCREEN. CONTINUED USE OF THE APP SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Age Restriction

Only individuals thirteen (13) years of age or older may use the App. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent orlegal guardian not acknowledge and agree to these Terms, User must immediately uninstall this App and discontinue its use.

Incorporation of Privacy Policy

These Terms incorporate and supplement our Privacy Policy, which may be found at http://www.mymenuinc.com/privacy-terms, and which is incorporated by reference into these Terms.

End-User License

Subject to these Terms, My Menu grants you a personal, non-exclusive, worldwide, non- transferable, non-sublicensable, limited and revocable license to use the App for personal use only on an Android phone or tablet (“Android Device“) owned or controlled by you in accordance with these Terms (“User License“). Any use of the App in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App (“Content“) is prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App. If you sell or transfer ownership of your Android Device to a third party, you must remove the App before doing so. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the App). If you breach any of these restrictions, you may be subject to prosecution and damages. This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

The license is effective until terminated by you or My Menu, with or without written notice. Your rights under the User License will terminate automatically without notice from My Menu if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the App and destroy all copies, full or partial, of the App.

User Information

To use certain features of the App, you may be required to create an account. In consideration of said account, you agree to: provide true, accurate, and current information about yourself when creating the account; maintain the confidentiality of your account and password and restrict access to your computer or mobile device; and accept responsibility for all activities that occur under your account or password. You are solely and exclusively responsible for keeping any login credentials (such as a username and password) confidential and limiting access to the account, including, without limitation, any use by any unauthorized third-party, and are further responsible for changing login information periodically (such as the password) to maintain continued confidentiality and limited access to your account. My Menu will not be responsible for any losses arising out of the unauthorized use of your username, password, and/or account and you agree to indemnify and hold harmless My Menu, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal use of the same.

You may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is inaccurate, My Menu reserves the right to suspend or terminate your account and refuse any and all future use of the Service by you. You further agree to immediately notify My Menu of any unauthorized use of your password or account or any other breach of security.

App features, restaurant locator, mobile gifting, feedback, account management, and interaction with third-party partners’ websites and social media sites, may use, maintain, or transmit User’spersonal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts(collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the App, User consents to the transmission of User Information to My Menu, including its agents and third-party partners, and consents to My Menu, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for App functionality and for the purposes disclosed in one or more of the My Menu Privacy Policies identified in this Agreement.

You further agree not to access, or permit any third party to access, the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or “bot”).

 

Your Responsibility for Your Mobile Device

You are solely responsible for (a) the confidentiality and security of User Information sent from or stored on your Android Device by the App, (b) taking precautionary steps to protect User Information stored on your Android Device, including without limitation, password-protecting the Android Device and employing Google’s remote-wipe feature, and (c) all transactions and activities undertaken via your device or account whether authorized by you or not. This includes any and all unauthorized purchases made from My Menu or from any third-party partner related to the App. You agree to immediately notify My Menu of any suspected unauthorized transactions associated with the App or any other breach of security. My Menu shall not be responsible for any losses arising from loss or theft of User Information due to unauthorized or fraudulent transactions related your device.

External Services and Third-Party Materials

The App may enable access to My Menu’s or third-party services and websites (collectively and individually, “External Services“). Use of the External Services requires Internet access and may require you to accept additional terms.

Certain External Services may display, include or make available or may permit third parties, such as restaurants, to publish content on the App or include third-party content via App Programming Interfaces (APIs) including but not limited to content, data, information, Apps or materials from third parties, such as graphics, text or copy, reviews, and pricing and promotional information (“Third Party Materials“) or provide links to certain third-party web sites. By using the External Services, you acknowledge and agree that neither My Menu, nor its agents or those involved in creating or providing the App, is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither My Menu, nor its agents or those involved in creating or providing the App, warrants or endorses and does not assume and will not have any liability or responsibility to you or any other person for any third- party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree to use the External Services at your sole risk and neither My Menu, nor its agents or those involved in creating or providing the App, shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. My Menu reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will My Menu be liable for the removal of or disabling of access to any such External Services. My Menu may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

You agree that the External Services and Third Party Materials contain proprietary content, information and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services and Third Party Materials, or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or My Menu. No portion of the External Services or Third Party Materials may be reproduced in any form or by any means, except as permitted by the respective owner of the External Services or Third Party Materials. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services or Third Party Materials, in any manner, and you shall not exploit the External Services or Third Party Materials in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither My Menu, nor its agents or those involved in creating or providing the App, is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.

Prohibited Uses

Use of the App is limited to the contemplated functionality. The App shall not be used in any way that,

1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

  1. is unlawful, fraudulent, or deceptive;

  2. uses technology or other means to access unauthorized content or non-public spaces;

  3. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;

5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  1. attempts to damage, disable, overburden, or impair My Menu servers or networks;

  2. attempts to gain unauthorized access to a My Menu computer network;

  3. attempts to gain unauthorized access to My Menus user accounts;

  4. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

  1. violates these Terms in any manner; or

  2. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

My Menu reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the App, that My Menu reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Content

The User may generate content, written or otherwise, while using the App (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by My Menu (for example, in product marketing campaigns). User grants My Menu and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non- exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

Indemnification

User agrees to indemnify and hold harmless My Menu, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, andexpenses (including attorneys’ fees) occurring from or related to the use or misuse of the App, violation of these Terms, or violations of any rights of a third party, or any allegation

thereof. My Menu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Representations or Warranties

MY MENU IS PROVIDING THE APP AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH MY MENU, TO THE USER“AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. THE USER IS USING THE APP AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MY MENU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MY MENU OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APP; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE ORMALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APP. MY MENU, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall My Menu, its agents or anyone involved in creating or providing this App or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the App or $100, whichever is less.

Intellectual Property

My Menu and any other trademarks, service marks, graphics, logos and other materials (including photographs) used in connection with the App are trademarks or registered trademarks or other intellectual property of My Menu (collectively “My Menu”). Other trademarks, service marks, graphics, logos and other materials (including photographs) used in connection with the App are the trademarks or other intellectual property of their respective owners (collectively“ThirdParty Marks”). The My Menu’ Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of My Menu or the applicable trademark or other intellectual property rights holder. The App and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by My Menu or the owner of the Content.

Choice of Law, Jurisdiction

These Terms are governed by the laws of the State of Hawaii, United States of America, without regard to Hawaii’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in the City and County of Honolulu, State of Hawaii, United States of America and the federal courts in the United States District Court for the District of Hawaii, United States of America, for purposes of any legal action arising out of or related to the use of the App or these Terms.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of My Menu to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms

My Menu reserves the right to change or modify these Terms or any other My Menu terms, conditions, or policies related to use of the App (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the My Menu website or within this App. Continued use of the App following the posting of these changes or modifications willconstitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of My Menu shall have any legal effect as a waiver by My Menu of any Terms of this Agreement.

Third Party Beneficiary

User agrees that My Menus service providers, licensors, or others involved in creating or providing the App are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Digital Millennium Copyright Act Policy Notice and Takedown Procedure

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of My Menu will comply with applicable copyright laws. If My Menu receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.

If we remove or disable access to the App in response to such a notice, we will make a good- faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent

My Menu’s Designated Agent to receive notification of alleged infringement under the DMCA is:

MY MENU.
Email: violations@mymenuinc.com

Upon receipt of proper notification of claimed infringement, My Menu will follow the procedures outlined herein and in the DMCA. Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide My Menu’s Designated Agent (listed above) the following information in a written communication (preferably via email):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit My Menu to locate the material on the Site or App;

  • Information reasonably sufficient to permit My Menu to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

  • The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

    Counter Notification

    A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide My Menu’s Designated Agent (listed above) the following information in a written communication (preferably via email):

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • Your name, address, and telephone number;

  • The following statement: “I consent to the jurisdiction of Federal District Court for the

    [insert the federal judicial district in which your address is located]”;

  • The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;

  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and Your signature, in physical or electronic form.

    Upon receipt of such counter notification, My Menu will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that My Menu will replace the removed material or cease disabling access to it in 10 business days. My Menu will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

    Repeat Infringers

    In accordance with Section 512(i)(1)(a) of the DMCA, My Menu will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.

    Contact Us

    If you have any questions regarding our privacy practices, you can email us at info@mymenuinc.com

    THESE TERMS ARE EFFECTIVE AS OF _June 1st, 2018

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