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This document outlines the terms of service between Primo Dish a creation of Primo Analytics, Inc. (hereinafter “Company”) and you, the user (hereinafter “User”), hereinafter the (“Agreement”). The terms and conditions stated herein are intended to make the User aware of their legal rights and the conditions under which the User may use the Company’s website and applications, hereinafter (“IP”).
By using the IP, User agrees to abide by the terms and conditions set forth in this Agreement and consents to be legally bound thereby to such terms and conditions. By using the IP, User represents and warrants that User possesses the full right, power, and authority to bind the User to the terms and conditions set forth in this Agreement.
As the Agreement is a legally binding contract, User is hereby instructed to read the Agreement in its entirety. If there is a term or condition that the User does not understand, User should seek competent legal advice before proceeding to use the IP. If User is unwilling to abide by the terms and conditions of the Agreement, User is directed to immediately cease all further use of the IP.
The Company thanks you for your interest in our IP and hopes you will have a positive and enjoyable experience. The Agreement is intended to ensure that each User uses the IP for a legitimate and respectful purpose.
A. Use Of IP
User agrees to use the IP in compliance with this Agreement and applicable law, and in a manner that does not violate the Company’s legal rights or those of any third party. User agrees to report any legal violations to the Company at the following email address: email@example.com
Without limiting the generality of the foregoing, User specifically agrees not to do the following in connection with the User’s use of the IP:
a. Impersonate any person or entity, including without limitation a message board monitor, chat room host, or another user;
b. Falsely state or misrepresent your affiliation with another person or entity;
c. Engage in any form of ratings fraud;
d. Create multiple accounts in order to place multiple votes for a single dish or restaurant and/or post multiple reviews or comments for a single dish or restaurant by posing as a different user;
e. Forge email addresses or otherwise manipulate identifiers in order to disguise the origin of any IP’s content;
f. Access or use the account of another user without permission;
g. Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other messages for any purpose;
h. Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with, disrupt, or destroy the functionality or use of any features of the IP by another user;
j. Interfere with, disrupt, or destroy the servers or networks connected to the IP, or disobey any rules or regulations applicable to such servers or networks;
k. Attempt to "hack" or access without permission Company’s IP or confidential records, or confidential records of another user, or those of anyone else;
l. Receive, collect, or store personal information of or concerning other users, such as names, birthdates, or email addresses;
m. 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);
n. Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities laws);
o. Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
p. Provide or deliver any messages or make any public statements or ratings 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;
q. Use the IP to "stalk" or harass other users or persons; and/or harm minors in any way.
The Company may, at any time in its sole discretion:
a. Suspend or terminate User’s access to and use of the IP or any of their features in response to a breach of this Agreement, or for any other reason;
b. Move, edit, delete, or destroy any materials that User provides or delivers to the IP or Company;
c. Access, preserve, or disclose any materials that User provides or delivers to the IP or Company; or
d. Take any other remedial action available at law in response to a breach of this Agreement.
The Company is the exclusive copyright owner of the IP and all works of authorship contained in the IP, including without limitation source code and content. User 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 materials without the prior written permission of authorized representatives of Company, unless allowed by applicable law.
The Company is the exclusive owner of the names, logos, trademarks, service marks, and trade dress displayed in the IP (collectively, "Trademarks"). Nothing in this Agreement grants User or any other person any rights or license to the Trademarks. Unauthorized use is prohibited.
User agrees to report any infringements to the Company at the following email address: firstname.lastname@example.org
In compliance with the federal law of the United States, please include the following in your reporting:
a. Identification of infringing and infringed materials;
b. Contact information of infringing person;
c. Statement of your good faith belief in the existence of the infringement;
d. Statement indicating the accuracy of the complaint and your authority to submit it; and
e. Your physical or electronic signature.
For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.
E. Submissions by User
Any User Data submitted by User shall immediately become the exclusive ownership and property of the Company and shall no longer be considered User’s confidential or proprietary property.
Further, any User Data User submits shall be deemed "work made for hire" under the copyright law of the United States and other countries. If such provision is not sufficient to vest exclusive ownership with Company, then User hereby agrees to transfer all of User’s ownership rights in such User Data to the Company upon submission. Such transfer shall be irrevocable, without compensation, and applicable throughout the universe and for perpetuity.
Company may, in its sole discretion, elect to use or not use the User Data in any product, manner, or medium (whether existing now or in the future), without attribution, payment or notice to User. Company shall not be obligated to return any User Data to User under any circumstances.
After submitting the User Data to Company, User may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the User Data without the prior written permission of the Company’s authorized representative.
In the event User submits any User Data to the Company, User represents and warrants that:
a. User is the sole author of the User Data, and the User Data is not copied from or based on, in whole or in part, any other work, except for work in the "public domain" or which the Company provides;
b. Company’s use of the User Data will not violate or infringe any right of User or any third party; and
c. No pending or threatened claim or legal proceeding exists with respect to the User Data.
The Company is hereby authorized by User to publish, or authorize others to publish, User’s name, likeness, voice, and biographical material to the extent that User provided such to the Company. This authorization is unrestricted, royalty-free, irrevocable, perpetual, universal, and transferable, and applies to any product, manner, or medium (whether existing now or in the future).
F. Privacy And Security
The Company makes efforts to maintain the security of its User Data. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business.
However, the Company does not guarantee the security of the IP, its records, User Data, or anything else. The Company hereby disclaims all liability for any computer virus or technological problems that the Company does not intentionally cause. User is directed and encouraged to install and maintain up-to-date security software on User’s computers.
G. Disclaimer Of Warranties
USER BEARS THE ENTIRE RISK OF USING THE IP AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON THE IP. THE IP AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO USER "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE IP. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY.
H. No Professional Advice
The information in the IP is provided for general informational purposes only and should not be considered as professional advice or opinions of any kind. Any information regarding economic, business, or financial matters is not intended to, and shall not, constitute investment recommendations or advice. The Company does not provide investment advisory services to the general public and the IP is not intended to solicit investment advisory clients. The IP is not intended for trading or investing purposes. The Company is not responsible or liable for any trading or investment decisions made based on any information contained in the IP.
For professional advice or opinions regarding legal, financial, investment, lifestyle, or other matters, User should contact a professional firm or advisor that specializes in the applicable area.
I. Limitation Of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF USER’S USE OF THE IP OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE IP, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO USER EXCEED THE AMOUNT USER PAID TO COMPANY, IF ANY, FOR THE USER’S USE OF THE IP.
If User is a resident of California, USA, you agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
In the event of a dispute with the Company, you may contact the State of California as follows:
Complaint Assistance Unit
Department of Consumer Affairs
400 R St., Suite 1080
Sacramento, California 95814
You may also contact the U.S. Federal Trade Commission.
J. No Liability For Third Parties
The Company may arrange for unaffiliated third parties to provide services such as programming computer code, writing online content, managing and hosting the IP, preparing and providing advertisements, processing purchase orders, and assisting IP users. In addition, users other than you may submit emails or messages to the IP.
The Company does not control any such third parties and hereby disclaims any obligation, risk, or liability with regard to such third party products, services, advertisements, and content appearing in the IP. Without limiting the generality of the foregoing, the Company expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties. Unless expressly indicated otherwise in the IP, the Company does not endorse, approve, or sponsor any products, services, advertisements, or content of third parties.
The IP may contain links to websites or other properties of unaffiliated third parties (each a "Third Party Property".). The Company has no control over the content of such Third Party Properties and hereby disclaims any obligation, risk, or liability with regard to such Third Party Properties. The Company does not endorse, approve, or sponsor such Third Party Properties or their sponsors.
User hereby agrees to indemnify, defend, and hold harmless the Company and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to:
a. User’s use of this the IP, or products or services included or advertised in the IP;
b. User’s breach of this Agreement.
The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement. This Agreement shall not be construed against the Company on the grounds that the Company conducted or arranged for the drafting of the Agreement.
III. Dispute Resolution
Any controversy or claim relating to this Agreement or the IP shall be:
a. Submitted to the judicial courts located in Travis County in the state of Texas; and
b. Governed exclusively by the laws of the state of Texas and the United States.
User hereby consents to the exclusive jurisdiction of the above stated courts. User agrees that:
a. User must commence any legal action against the Company within one (1) year after the alleged harm initially occurs;
b. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence.
c. USER HEREBY WAIVES USER’S RIGHT TO A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION AGAINST THE COMPANY.
If any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
V. Complete Agreement
This Agreement constitutes the complete agreement between the Company and the User regarding the IP. The Company may, from time to time in its sole discretion, modify, amend, suspend, or terminate the IP or this Agreement. Any modifications, amendments to, or waivers of the Agreement shall be valid only if made in writing. User’s use of the IP following the effective date of any changes to the IP or this Agreement shall constitute User’s acceptance of the changes. The Company may, at any time in its sole discretion assign this Agreement to another person, and any such assignment shall release the Company from any further liability under the Agreement.