Updated: February 25, 2014
BUZZTABLE WEBSITE AND DOWNLOADABLE APPLICATIONS
TERMS OF SERVICE
Hello and welcome to our Terms of Service. These Terms of Service govern the use of this website http://www.buzztable.com (the “Site”), other consumer websites and mobile applications that reference these Terms of Service, and the services and products of made available to Restaurants under a free account (together, the "Service") by BuzzTable, Inc. ("us", "we", “Guest Manager” or the “Company”). The Company is located at
214 W. 29th St., 5th Floor, New York, NY 10001
Guest Manager is an internet-based communication platform for Restaurants and their Guests, which also includes downloadable mobile applications.
As used in these Terms of Service, “you” means the person(s) that is provided access to the Serivce by the Company. By accessing the Service you agree:
GENERAL TERMS AND CONDITIONS
Binding Legal Agreement. By accessing or using this Service, you agree to be bound by and comply with these Terms of Service, including all restrictions, limitations, and technical legal matters set forth below. If you do not agree with any part of these Terms of Service, please do not use or access the Service.
General Restrictions. The Service may only be used if you are (i) above the age of 13; (ii) permitted to so under the laws of the United States, as well as applicable laws in your country of residence if other than the U.S., and (iii) using the site in accordance with these Terms of Service and all restrictions contained herein. If you are under the age of 18, you must use the Site only with the consent of your parent or legal guardian.
Termination of Service. You acknowledge and agree that your ability to use or access the Service is subject to your continuing compliance with these Terms of Service or any laws or rules of conduct specified or incorporated herein, the violation of which may result in the termination or suspension of your ability to use the Service at our sole discretion. See “TERMINATION”, below.
CHANGES TO TERMS OF SERVICE
You do not have to create a user account to use the Service. However, accessing certain features of the Service requires you to create a user account comprised of choosing a user name and password ("User Account"). Your User Account is for your personal and related business use only and may require you to submit personal information, such as your name, affiliated company/business name, e-mail address, and phone number. The Company reserves the right to use your submitted personal information for sales-related solicitation. You should keep your User Account information confidential. You agree not to use another User's user name and password to access the Service. The Company also reserves the right to suspend or terminate a User Account at any time in the event that a user does not comply with any provision of this Terms of Service. The Company further reserves the right to suspend or terminate a User Account that has been inactive for a period of twelve (12) months or more. If you have questions or concerns about your account, please contact us at: firstname.lastname@example.org.
YOUR RIGHT TO USE THE SERVICE
The Company grants you a personal, limited, non-exclusive, non-transferable and revocable license to access and use the Service on the terms set forth herein, and subject in all cases to this Terms of Service. The Company reserves the right to suspend or terminate operation of the Service at any time for any reason without liability to you. The Company has the right to change or discontinue any aspect or feature of the Service without prior notice to you, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without liability to you.
In addition to other proprietary rights specified in this Terms of Service, users may not: a) frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Service (collectively, "Elements"); b) gather, obtain, use, access or otherwise copy the Service or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; c) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; d) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service; or e) engage in any activity that interferes with another user's access, use or enjoyment of the Service.
OWNERSHIP OF THE SERVICE AND CONTENT
The Service, and unless otherwise indicated, all content appearing on the Service (collectively, “content” or “materials”) is the sole and exclusive property of the Company and/or the authors, owners or publishers of such content, and are protected, without limitation, by U.S. and foreign copyright and trademark laws. Copying these materials for anything other than the use intended under the Terms of Service, publishing or distributing any such materials to any third party, or creating a derivative work based on such content or materials, is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute, or modify in any way any materials available on the Service without written permission from us. If you access this material outside the United States, you are responsible for compliance with all applicable local laws and regulations. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. No user of the Service will acquire any ownership or use rights by accessing or downloading copyrighted material.
Your License to Us for Your Submitted Content. You agree that by posting content, sending emails, inputting data, answering questions, including without limitation your responses and comments in or in connection with BuzzTable Content and/or Blog Posts, uploading data or files or otherwise communicating with the Company, you and the owner of such materials are granting to the Company an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, unrestricted license (the “License”) to use, display, adapt, modify, reproduce, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material these materials at the Company’s sole discretion. You and the owner further hereby expressly waive any and all claims, and agree that you shall not have any claims against the Company or any of its affiliates for using or adapting these materials. You understand that the License also includes the right to modify, edit, display, publish your submission for all non-commercial uses, including display on the website or affiliate websites and all promotional uses relating thereto in all media. You further represent and warrant to the Company that you have all the necessary rights in and to any material you submit and the material does not infringe or violate any copyrights, trademarks or other intellectual property, contract or other rights of any kind of any third party. You also agree to permit any other user to access, view, store or reproduce the material for that user's personal, non-commercial use.
Third Party Content. Certain content portions of the Service are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any Service by anyone other than employee spokespersons of the Company while acting in their official capacities.
Submissions to the Service. The Company welcomes suggestions and comments regarding the Service. Any comments or suggestions that you submitted to the Company, either online or offline, will become property of the Company upon submission by you automatically and without notice. You will not retain any rights of any kind in such comments or suggestions submitted to the Company, including without limitation in or in connection with BuzzTable Content and/or Blog Posts.
USER ACKNOWLEDGEMENTS AND AGREEMENTS
You understand and agree that the Company and its affiliates are not responsible for material submitted, or posted to any of its services, including materials posted on any bulletin boards, forums, blogs, or other public areas (“Public Areas”). You acknowledge that the Company may or may not pre-screen these materials, and it or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Service or is otherwise objectionable. You shall not, and you hereby agree not to: upload, post, transmit, distribute, or otherwise publish or make available through the Service any content that: a) libels, defames, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone’s copyrights, trademarks or other intellectual property, contract or other rights of any kind; c) violates any law, rule or regulation of the United States or any applicable jurisdiction; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; f) contains a virus or other harmful component; g) discloses any private or personally identifiable information about yourself or any third party; or h) constitutes SPAM, spyware or spoofing. The burden of determining that any material is not protected by copyright rests with the user. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
“Guest Manager” is a trademark used by the Company and certain of its affiliates, and misuse of any such mark or of any of the information appearing on the Service may violate copyright and trademark law. All trademarks not owned by the Company or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates.
The Company prohibits the posting of any information or materials that violate or infringe the copyright of any person or entity.
Notice of Infringement. If you believe that any content on this Site infringes your copyright, you must notify they Company’s designated agent provided below in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3). In addition, if you feel that any other intellectual property right has been or is being violated through use on this Site by any person, please contact the Company at email@example.com. To be effective, the Notice must include the following:
Remedies. In appropriate cases, at the Company’s sole discretion, we will suspend and/or terminate subscriptions or accounts of copyright infringers. If you believe that a copyright of yours or any other person has been infringed, please notify firstname.lastname@example.org and provide adequate backup information to support your claim of copyright infringement.
Additional User Agreements. You further agree that you will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any content or any service or software component posted on, embedded in, or available through the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. YOUSHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD(S). NEITHER (i) THE COMPANY, (ii) ITS PARENT, SUBSIDIARIES OR AFFILIATES, NOR (iii) ANY OF THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, DIRECTORS, STOCKHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (THE PARTIES SPECIFIED IN CLAUSES (ii) AND (iii), COLLECTIVELY, THE "COVERED PARTIES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SERVICE OR ANY SITES WITH WHICH IT IS LINKED. THE SITE LINKS TO OR REFERENCES SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH SITES AND INFORMATION, BUZZTABLE MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND BUZZTABLE ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCES LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SERVICE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. THE COMPANY MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BUZZTABLE AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
IN NO EVENT WILL THE COMPANY OR ANY COVERED PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SERVICE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER BUZZTABLE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
You hereby agree to defend, indemnify, and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Service by you, including conduct in violation of these Terms of Service or the failure of any representation or warranty made by you pursuant to these Terms of Service, or arising out of your use of the Service, including but not limited to the publication, submission or transmission of any message, information, content or materials on the Service by you.
LINKS TO THIRD-PARTY WEBSITES
The Service may contain links to websites that are run and maintained by third parties. The Company is not responsible, nor shall it be held liable for, the content, services, or products provided on these websites, nor for the practices of any third party. These Terms of Service apply solely to the Service, or any website or application expressly incorporated or referenced by the Company herein, and you should always review the terms and conditions of any site that you access through a link from this or any other website.
The Company takes reasonable steps to ensure website security and safeguard content and submissions. However, no system is 100% secure and reliable, and is also dependent on other factors beyond its control, such as hosting services, internet intermediaries, your internet service provider and other service providers whose reliability is not controlled or guaranteed by the Company. Accordingly, when you use the Service, you accept both these risks and the responsibility for choosing a technology that does not provide perfect security or reliability.
By using the Service, you understand and accept that the Company may suspend or terminate your account or ability to use the Service if it determines at its sole discretion that you have violated any provision in these Terms of Service or have used or attempted to use the Service in any manner inconsistent with the stated purposes of the Service.
You agree that we may provide you with notice hereunder by email, regular mail or postings on the Service as applicable, at the Company’s sole discretion, and that we may rely on the contact or registration information you have provided as being accurate, complete and current. It is your responsibility to update any such information. Any notice from you to the Company must be in writing and sent by email to email@example.com or as otherwise specified under “COPYRIGHT INFRINGEMENT – Notice of Infringement”, above.
OTHER LEGAL PROVISIONS
Arbitration. We encourage you to contact our customer support team if you have concerns with respect to the operation of the Service or the Company. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that any unresolved dispute or claim between you and the Company or its indirect or direct subsidiary, parent or affiliate companies or any of their employees, officers, directors, and agents (collectively, the “Company Entities”) arising out of, relating to, or connected in any way with the Service or the Company (including third party products or services supported or facilitated by the Service) whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved exclusively by binding arbitration unless (i) the claim qualifies for a small claims court hearing and the complaining party wishes to file in small claims court, or (ii) the claim relates solely to the collection of debts owed by you to a Company Entity and the Company Entity or you opts to pursue the claim in court. Even for a claim that may be brought to court, you waive (a) any right to trial by jury, (b) any claims for punitive damages and (c) any right to pursue claims on a class or representative basis (including consolidated claims involving another person’s account). You also agree not to participate in claims brought in a private attorney general capacity if the Company is a party to the proceeding.
Claims or disputes must be initially presented by the complaining party to the other. If the dispute remains unresolved, prior to initiating any formal proceedings, the complaining party will formally notify the other of a “Notice of a Legal Claim.” Upon receipt of a Notice of a Legal Claim, you and we shall attempt to resolve the dispute through informal negotiation within forty-five (45) days from the date the Notice of Legal Claim is sent. If the dispute remains unresolved, either you or we may initiate formal arbitration proceedings. The arbitration of any of your disputes or claims shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by the Agreement and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA. You agree further that: (a) if the value of the relief sought is US$15,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions (subject to the arbitrator’s discretion to require an in-person hearing), otherwise any arbitration will take place in San Francisco, California; (b) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) an arbitrator may not award relief in excess of or contrary to what these Terms of Service provide, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute; and (e) in all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
If any part of this arbitration section is deemed by a court to be invalid, then the remainder will remain in full force and effect. If the arbitration section is deemed inapplicable or invalid, each party waives, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Equitable Relief. You further agree that the Company shall be entitled to apply for injunctive relief or other equitable remedies in this or any other legal jurisdiction without the requirement of posting a bond.
Severability. If any provision of this Terms of Service is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.
Assignment. The Company may assign any or all of its rights hereunder without your consent. You may not assign any or your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment in derogation hereof by you will void and unenforceable.
No Waiver. Failure or delay by the Company in exercising any legal right or provision under these Terms of Service shall not constitute a waiver of such right as of such time or in the future, which waiver may only be done in writing.
Claims. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or relating to the use of the Service must be filed within one (1) year after such claim or cause of action arose, or you understand and agree that you will be forever barred from bringing such claim against the Company, any of its Affiliates or Covered Party or any other person.
English Language. The parties confirm that it is their wish that these Terms of Service, together with any other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.