Date of Last Revision: August 3, 2015
These terms of service governs our relationship with users and others who interact with Dishly. By using or accessing Dishly, you agree to these Terms of Service, as updated from time to time.
2. Sharing Your Content and Information
You own all of the content and information you post on Dishly, and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Dishly (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about Dishly, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety & Review Etiquette
We do our best to keep Dishly safe, but we cannot guarantee it. We need your help to keep Dishly safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Dishly.
- You will not collect users’ content or information, or otherwise access Dishly, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Dishly to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Dishly, such as a denial of service attack or interference with page rendering or other Dishly functionality.
- You will not facilitate or encourage any violations of these Terms of Service
- If your dietary information is so sensitive that you don’t want anyone else to know about it, please do not put it in Dishly.
4. Registration and Account Security
Dishly users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Dishly, or create an account for anyone other than yourself without permission.
- If we disable your account, you will not create another one without our permission.
- You will not use Dishly if you are under 13.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Dishly that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Dishly if we believe that it violates these Terms of Service or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
6. Fees on Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Dishly to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, these Terms of Service shall terminate, but the appropriate provisions will still apply.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service or Dishly exclusively in the U.S. District of Columbia. The laws of D.C. will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- WE TRY TO KEEP DISHLY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DISHLY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DISHLY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT DISHLY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. IN PARTICULAR, ANY INFORMATION PROVIDED BY DISHLY MUST BE DOUBLE-CHECKED WITH A RESTAURANT/VENUE IF YOU HAVE FOOD ALLERGIES. DISHLY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR DISHLY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DISHLY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Dishly outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- You will not use Dishly if you are prohibited from receiving products, services, or software originating from the United States.
- These Terms of Service makes up the entire agreement between the parties regarding Dishly, and supersedes any prior agreements.
- If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms of Service, it will not be considered a waiver.
- Any amendment to or waiver of these Terms of Service must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent.
- All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms of Service shall prevent us from complying with the law.
- These Terms of Service does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Dishly.