Terms of Service Agreement

This Terms of Service Agreement ("TOS" and "Agreement") governs the use of the Crazymenu.com website ("the Website") produced by Restaurant Breeze, Inc. ("RBI"). This TOS may be reviewed by you at any time by clicking on the Terms of Service link at the bottom of any web page.

These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Crazymenu.com Website and Crazymenu.com Services ("the Services"). Please read these Terms of Service carefully. Your access to or use of the Website and Services constitute your acceptance of all the provisions of these Terms of Service.

Changes to the Agreement

RBI reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this page of the Website. You agree and understand that it is your obligation to know the terms of service during all times of your use.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Crazymenu.com or use the Website and Crazymenu.com Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use Crazymenu.com only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Website. Membership with Crazymenu.com is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Crazymenu.com Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Crazymenu.com website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.

Email Notification

You acknowledge that upon registering with Crazymenu.com, you are automatically subscribed to receive notifications including, but not limited to, friends invitation, regular restaurant updates, restaurant recommendations, and updates on new features or benefits. If you would not like to receive these notifications, you can remove yourself from these mailing lists at any time on your member profile page under settings.

Privacy Policy

You agree to the terms and conditions of the RBI Privacy Policy ("Policy"), hereby incorporated by reference, which details the ways in which we and other parties might use personal information that belongs to you. In accordance with this Policy, we may use information and materials received from you or collected through your use of the Website, and may disclose such information to third parties.

Limited Permission

You may use material displayed on Crazymenu.com for noncommercial, personal use only. You may NOT copy, sell, modify, remove any trademarks or sevicemarks, reverse engineer, reverse assemble, or otherwise attempt to utilize the content and or programming code provided by Crazymenu.com for anything other than non-commercial purposes. You must retain all copyright and other proprietary notices displayed on the materials. We reserve the right to refuse service, terminate accounts, cancel orders and take all other necessary action if we believe that your conduct violates the TOS.

Restriction on Right of Use

You agree not to (and agree not to allow any third party to) use any robot, spidering application, Web site search/retrieval application, or any other device, to download or index any portion of this Website. RBI grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This permission excludes any collection, aggregation, copying, duplication, display or derivative use of the Service or any use of data mining tool with a limited exception to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Use of the Service beyond the scope of authorized access granted to you by RBI immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a signed paper license from RBI.

Trademarks

RESTAURANT BREEZE, CRAZYMENU, AND WHAT'S FOR LUNCH? Pick-A-PLACE are official marks or trademarks of RBI. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of RBI or third parties. While certain trademarks of third parties may be used by RBI under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between RBI and the owner of said trademark or to imply that RBI endorses the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark logo or design of RBI or any third party, without the written permission of RBI or the respective owner of any third-party trademark.

Postings by Users

Crazymenu.com does not endorse, support, sanction, warrant, encourage, verify, or agree with the facts, views, recommendations, visual depictions, comments, opinions or statements posted by users, advertisers, third-party information providers, and organizations in Reviews or elsewhere in the Website. Any information or material placed in the Website by any users, advertisers, third-party information providers, and organizations, including but not limited to menus, advice, recommendations, ratings, and opinions, is the view and responsibility of those users and does not constitute the view, opinion, or endorsement of Crazymenu.com or RBI. Crazymenu.com does not indemnify any person or entity in any claim, action, suit, or otherwise arising from or related to any posting. You acknowledge that any reliance upon any such information shall be at your sole risk, and you hold Crazymenu.com and RBI harmless for your reliance on any such information.

User Conduct

You agree to provide accurate personal information during the registration process and to maintain the accuracy of such information. You also hereby agree to the following standards of user conduct:

The security of your username and password is your sole responsibility. You are fully responsible for any unauthorized use of your account. We assume no responsibility for damage or losses associated with unauthorized use of your account.
You hereby agree that any content you submit to Crazymenu.com or post to Crazymenu.com is the property of Crazymenu.com and Restaurant Breeze, Inc. and can be used, displayed, or deleted in any way we see fit.
You agree not to:
- Post or otherwise make available any illegal, offensive, objectionable, libelous, racially offensive, abusive, threatening, or otherwise inappropriate information or content on Crazymenu.com, including, but not limited to, remarks relating to gender, race, religion, nationality, sexual preference, age, disability etc.
- Use any robot, spider, site search/retrieval application, scraping applications or other device to retrieve or index any portion of the Crazymenu.com Website.
- Create user accounts by automated means or under false or fraudulent pretenses.
- Impersonate any person, including Crazymenu.com registered users, officers, employees, partners, advertisers, restaurants, or any other party.
- Collect, maintain, or store personal information regarding any of our users.
- Make false posts or make posts under a false name.
- Post or otherwise make available any material or content that violates a copyright, patent, trademark, or other rights.
- Reformat or frame any portion of the web pages that are part of the Crazymenu.com Website without the advanced expressed written consent of Restaurant Breeze, Inc.
- Post or otherwise make available content containing personal information (names, phone numbers, mailing addresses, e-mail addresses, website URL's, etc.).
- Post or otherwise make available any advertising, promotional materials, "spam", off-topic postings, "junk mail", or other materials without the advanced expressed written consent of Restaurant Breeze, Inc.
- Post or otherwise make available content other than standard English text, such as audio, HTML, Javascript, etc. is not permitted and may be removed. Content submitted with files containing viruses, corrupted files or any other materials intended to damage or intercept data from another computer is illegal and will be disallowed.
- Post or otherwise make available any viruses, spyware, or other computer code, malicious or otherwise that is intended to harm, disable, destroy, or otherwise limit the use and functionality of any hardware or software.
- In anyway disrupt our service, servers, network, or other software and hardware related to Crazymenu.com.
- Violate any local, state, federal, or international law or regulation.

You understand and agree that we may access or disclose your personal information with others if we believe it is necessary to comply with a court order, the legal process, to defend our rights, or to defend ourselves in any litigation, to protect the safety and/or rights of the general public, or to respond to a service related request by you.

Content Posted By You

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You understand and agree that RBI may review and delete any content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews, menus, photos, images) that in the sole judgment of RBI violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Website and/or other website users.
You are solely responsible for any content that you publish or display on Crazymenu.com or transmit to other members and/or other website users.
You are solely responsible for your ratings and reviews of businesses listed on Crazymenu.com, menus added and photos posted. RBI reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
You agree that you will only post content that you believe to be true and you will not purposely provide false or misleading information.
By posting content on Crazymenu.com, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, RBI, its contractors, and the users of Crazymenu.com an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content.

Software Licenses and Ownership.

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software ("Software") is protected by copyright and may be protected by other rights. All such Software is owned by RBI, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Venue Only

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Website Service, such activity is solely between you and the applicable third party. RBI shall have no liability, obligation or responsibility for any such activity. You hereby release RBI from all claims arising from such activity.

Registration as Restaurant Owner or Manager, or Authorized Agent

By registering or logging in through pages and sections that are intended for restaurant owners, managers or authorized agents, such as but not limited to, Crazymenu.com/owner, Crazymenu.com/promo pages, or by answering any other web form where you confirm you are an owner, manager or agent of a restaurant or by following a link "I am the owner, manager, or an official representative of," you hereby represent that you are the owner, manager, or an official representative of any such establishment you have listed, or have been authorized to act as an agent for such establishment for the specific purpose of using the Website. You agree to (i) provide true, accurate, current and complete information about yourself and the establishment for which you are submitting this Restaurant Ownership Claim as prompted by the registration form; and (ii) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If RBI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RBI has the right to suspend or terminate your Restaurant Ownership Claim and access to and use of the Website (or any portion thereof). You also agree that RBI will not be liable and is indemnified for any misrepresentations made by you or your agents. Any misrepresentation of ownership or authorization to act as an agent for an establishment for purposes including but not limited to competitive benchmarking of RBI technology, business solutions offers and services, design, functionality and user interface will constitute an illegal trespassing of Crazymenu.com and RBI properties and will be legally pursued under tort of trespass laws and Computer Fraud and Abuse Act.

Copyright Dispute Policy

RBI, publisher of Crazymenu.com, disclaims any and all responsibility for the content of any third party materials provided through or on its network sites. RBI respects all copyrights and will respond accordingly when notified of the infringement of those rights. RBI has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). In compliance with the DMCA, if you are a copyright owner or agent therefore and believe that any such third party materials infringes upon your copyright, please contact Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") in writing to request a review of the alleged infringement with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that RBI is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification.

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is RBI's policy:

To remove or disable access to the infringing material;
To notify the Content provider, member or user that it has removed or disabled access to the material; and
That repeat offenders will have the infringing material removed from the system and that Crazymenu.com will terminate such Content provider's, member's or user's access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the Content provider, member or user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which RBI is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal.

If a counter-notice is received by the Designated Agent, RBI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at RBI's discretion.

RBI's Designated Agent can be reached at:
   Restaurant Breeze, Inc.
   Attention: Legal
   237 Kearny St. #153
   San Francisco, CA 94108

Indemnification

You agree to indemnify and hold harmless RBI and its subsidiaries, affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. RBI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL RBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF RBI KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

LIQUIDATED DAMAGES.

USER UNDERSTANDS AND AGREES THAT IF USER IS IN VIOLATION OF ANY PROVISION OF THE TOS AGREEMENT, USER WILL MAKE A MINIMUM PAYMENT TO THE RBI OF $30,000.00 (U.S. CURRENCY) AS LIQUIDATED DAMAGES FOR EACH INDIVIDUAL VIOLATION IN ADDITION TO ALL ATTORNEY'S FEES, COURT COSTS, AND OTHER EXPENSES ASSOCIATED WITH EACH VIOLATION. USER DECLARES AND AGREES THAT THIS SUM SHALL, WITHOUT PROOF, BE DEEMED TO REPRESENT THE DAMAGES ACTUALLY SUSTAINED BY THE RBI BY REASON OF SUCH VIOLATION ALONE. USER UNDERSTANDS AND AGREES THAT THE LIQUIDATED DAMAGES PAYMENT IS INTENDED TO BE, AND SHALL BE, CUMULATIVE, AND SHALL BE IN ADDITION TO EVERY OTHER REMEDY EXISTING AT THE TIME OF SAID VIOLATION OR THEREAFTER AT LAW OR IN EQUITY, OR BY STATUTE, AND SHALL NOT IN ANY WAY INTERFERE WITH ANY ADDITIONAL RIGHT OR REMEDY AVAILABLE TO RBI. USER AGREES THAT THE LIQUIDATED DAMAGES ABOVE ARE REASONABLE AND WAIVES ANY OBJECTION TO THE APPLICATION OF SUCH LIQUIDATED DAMAGES.

Governing Law and Jurisdiction

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in San Francisco, CA.

General

Any consent by RBI to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with RBI that expressly reference this Agreement, this is the entire agreement between you and RBI relating to the matters contained herein.