Terms of Use and Privacy Policy

MenuGuide Privacy Policy - Privacy Statement
Last Updated June 2021


PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

We understand that privacy concerns are of utmost importance when it comes to the use of your personal information. Because we are committed to protecting your personal privacy, we have created this privacy statement. By using this site, you indicate your acceptance of this Privacy Policy. If you do not agree to this Policy, you are not permitted to access this site and you should not do so.

Log Files
Like many other Web sites, this site makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, domain names, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies
We do not use cookies.

Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that we are not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that we are not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that we are not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that we are not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Ad Servers and Third Party Cookies
To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our site. Some of our advertising partners may use cookies on our site. This site has no access to or control over these cookies that are used by third-party advertisers. If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. Our privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

Changes to this Privacy Policy
Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page.

If you feel that this site is not following this Statement, you may contact us at the addresses below:
menu at MenusGuide.com (MenusGuide is the sister site of MenuGuide.)

MenuGuide
PO Box 52
Brooktondale, NY 14817


MenuGuide - Terms of Use
UPDATED EFFECTIVE DATE: December 21, 2023

1. Acceptance of Terms Through Use. By using MenuGuide's Web site, located at www.menuguide.com (the “Site”), by accessing or using the Site in any manner, including, but not limited to visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). MenuGuide (hereinafter referred to as "we" or "us") may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, you are not allowed to use the Site, please exit the Site immediately.

2. Permitted Use. You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The software and some of the content on this Site is the property of MenuGuide and is protected by U.S. and international copyright laws.

By providing content or information to us, including by submitting or uploading content, images, menus or materials for use on the Site, you represent and warrant that you are the owner of all rights to such content or materials and you have expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

3. Representations by You. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

4. License Granted by You. By providing content or information to us, including by submitting or uploading content, images, menus or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Furthermore, you agree to indemnify, defend, and hold MenuGuide harmless from any third party copyright, trademark, service mark, or patent infringement lawsuit initiated against us arising from any materials submitted by you through the Site or for inclusion on the Site. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

5. Menu. Having a public and accessible menu is important for both the consumer and the vendor (the foodie and the restaurant) as it creates a level of expectation between the two parties and acts as an agreement, a social contract - in some jurisdictions having a menu with set prices is required by local laws and thus can function as a legal document. Restaurants without a menu or who have an outdated or old menu on MenuGuide can be considered to be in violation of MenuGuide's Terms of Use. Since menus vary, MenuGuide is the sole judge of what constitutes a valid menu on our site and is also the sole arbiter of what constitutes a violation of our Terms of Use in regards to Menu and Menus. At the sole discretion of MenuGuide, violators of our Terms and Use can and may have language placed on the infringing restaurant's MenuGuide Page that reflects the restaurant is not abiding by our Terms of Use and that MenuGuide is also unable to recommend a restaurant that violates our Terms of Use.

6. Advertising. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

7. Links and Search Results. The Site contains links to sites operated by third parties throughout the World Wide Web. MenuGuide has no control over these sites or the content within them. We do not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against MenuGuide for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at menu at MenuGuide.com.

8. Digital Millennium Copyright Act Policy. If you are notifying MenuGuide of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C.A. § 512:

a. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

b. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

e. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

MenuGuide
PO Box 52
Brooktondale, NY 14817
Menu at MenuGuide.com
607-330-3039

9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER MENUGUIDE, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MENUGUIDE, OUR SUBSIDIARIES, AGENTS, EMPLOYEES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification. You agree to defend, indemnify, and hold MenuGuide and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims (including but not limited to the actions specified in Paragraph 4 above), expenses (including attorney's fees), that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Choice of Law. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of New York, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site that either you or MenuGuide initiates shall be filed only in one of the following judicial jurisdictions: Tompkins County Superior Court of New York, or The United States District Court for the Northern District of New York, Syracuse. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

13. Integration and Severability. This Terms of Use constitutes the entire agreement between MenuGuide and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

14. Headings. Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.