Terms and Conditions (“Terms”)
Last updated: August 29, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Decide-N-Dine mobile application (the “Service”) operated by HOMic, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
“User” or “You” or “Your” refers to you, as a user of Decide-N-Dine. A user is someone who accesses or uses Decide-N-Dine for the purpose of viewing all content within the mobile application.
“Content” will include (but is not limited to) images, photos, audio, video, location data, restaurant contact information, and all other forms of information or data on restaurants. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with Decide-N-Dine such as likes in order to improve the rating of a restaurant, and information on your profile(account) such as first name, last name, and email address. “Decide-N-Dine content” means content that HOMic, LLC creates and makes available in connection with the Service including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, restaurant rating, reports and other usage-related data in connection with activities associated with your account and all other elements and components of Decide-N-Dine excluding “Your Content” and third party content. “Third Party Content” means content that comes from parties other than HOMic, LLC, or its users and is available on Decide-N-Dine.
When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
If you are under the age of 21 and sign up for an account, it is your responsibility to make sure you do not go into an establishment portrayed by Decide-N-Dine or Third party content which has an age restriction. Since Decide-N-Dine might include certain locations that have such age restriction during certain hours, it is your, and your parents (if you are under the age of 18) obligation to thoroughly inspect whether age might be an issue in any activity that stems from the use of the Service. The User hereby agrees to omit HOMic, LLC from any guilt, fault, and responsibility if a legal issue about age should arise, and will not hold HOMic, LLC and its partners liable under such circumstances.
Provision of the Service (Decide-N-Dine) being offered by HOMic, LLC
- The Decide-N-Dine mobile app is constantly evolving in order to provide the best possible user experience and restaurant information to its users. You acknowledge and agree that the form and nature of Decide-N-Dine which HOMic, LLC provides may require effecting certain changes in it, therefore HOMic, LLC reserves the right to suspend/cancel, or discontinue any or all products at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on Decide-N-Dine without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access Decide-N-Dine, such as updates to the software to improve the Service. Any updates or upgrades provided to you by us under the Terms shall be considered part of the Service.
- You acknowledge and agree that if HOMic, LLC disables access to your account, you may be prevented from accessing Decide-N-Dine, your profile(account) or any other files which is contained in your account.
- HOMic, LLC reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of services or products within Decide-N-Dine anytime in the future.
- By using Decide-N-Dine you agree to the following disclaimer: The Content on Decide-N-Dine is for informational purposes only. HOMic, LLC disclaims any liability for any information that may have become outdated since the last time that particular piece of information was updated. HOMic, LLC reserves the right to make changes and corrections to any part of the content on Decide-N-Dine at any time without prior notice. HOMic, LLC does not guarantee the availability of all menu items at any restaurant, as well as prices when they become available as a part of our service. Unless stated otherwise, all pictures and information contained on Decide-N-Dine are believed to be owned by or licensed to HOMic, LLC.
Intellectual Property and Data
Intellectual Property: “IP” means all intellectual property including without limitation all patents, inventions, trademarks, service marks, trade names and trade dress, copyrights and copyrightable works, trade secrets, know-how, design rights and database rights.
Ownership of Work Product: All works, materials, software, documentation, methods, apparatus, systems and the like prepared, developed, conceived, or delivered as part of or in connection with the service, and all tangible embodiments thereof, shall be considered “Work Product”. To the fullest extent permissible by applicable Law, HOMic, LLC shall have exclusive title and ownership rights including all IP rights, throughout the world in all Work Product that Decide-N-Dine embodies.
The name, Decide-N-Dine and the logo for Decide-N-Dine, have been applied for federal trademarks by HOMic, LLC. The use of the Decide-N-Dine name and logo is here by prohibited without the express written consent of HOMic, LLC.
Data incorporated into Decide-N-Dine in the form of content is a combination of Decide-N-Dine content and third party content. Under no circumstances shall anyone be allowed to duplicate, re-sell, or claim content as their own. All content is either owned by HOMic, LLC or licensed for use to HOMic, LLC. Under no circumstances shall anyone be allowed to claim “Work Product” as their own, including all intellectual property and copyrightable works associated with HOMic, LLC and Decide-N-Dine.
You agree to not use any of Decide-N-Dine content or Third party content for any reason listed above, to protect our proprietary information and content, and to comply with all changes given by our Third party providers.
By Using Decide-N-Dine You Agree:
- Not to violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secrets, or any other intellectual property
- Not to attempt to impersonate another person or entity;
- Not to disguise or attempt to disguise the origin of Your Content, including but not limited to using a fake name and disguising your IP address
- Not to imply that Your Content is in any way sponsored or endorsed by us;
- Not to access or use the account of another user without permission;
- Not to distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, servers, and other computer related equipment
- Not to interfere with, disrupt, or destroy the functionality or use of any features of the Service or the networks or servers connected to the Service;
- Not to illegally access or “hack” our proprietary property and confidential records
- Not to reverse engineer, disassemble or otherwise attempt to derive source code from the Service;
- Not to disable or remove security features or any such features that enforces limitations on use of the Service
- Not to collect, access, or store personal information about other users of the Service;
- Not to modify, copy, display, publish, sell, rent, license, lend, lease, transfer or otherwise commercialize any rights to the Service or Our Content
Links to Other Web Sites and Third Party Content
Our Service may contain links to third party web sites or services that are not owned or controlled by HOMic, LLC.
HOMic, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HOMic, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Decide-N-Dine after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Your License to HOMic, LLC and Decide-N-Dine Content:
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Service only as expressly permitted in these Terms. You shall not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Service solely for your personal use and not for commercial use. You agree not to use, display, copy, modify, distribute, broadcast, translate, reproduce, reformat, incorporate into advertisements, incorporate into other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Decide-N-Dine content as a whole or in part except as expressly authorized by us. We do not grant you any other express or implied right or license to the Service, Decide-N-Dine content or our IP Rights, without HOMic, LLC’s express written consent.
Any violation of the license provisions contained in this Section by you may result in the immediate termination of your right to use the Service, as well as potential liability for copyright and other IP Rights infringement depending on the circumstance of the violation.
HOMic, LLC’s License to Your or User Content:
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in the future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.
THE DECIDE-N-DINE MOBILE APPLICATION AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
HOMIC, LLC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF DECIDE-N-DINE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMIC, LLC OR IT’S PARTNERS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION, DECIDE-N-DINE
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY
- ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICE
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMIC, LLC AND IT’S PARTNERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
- LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE. IN NO EVENT SHALL HOMIC, LLC AND IT’S PARTNERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. YOUR USE OF DECIDE-N-DINE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold HOMic, LLC and its partners harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- Your Content
- Your unauthorized use of the Service, or products or services included or advertised in the Service
- Your access to and use of the Service
- Your violation of any rights of another party; or
- Your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party
We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable effort to notify you of any such claim, action or proceeding upon becoming aware of it.
We are always respectful of any and all intellectual property. If you believe that certain content on our Service, either provided by us or by a Third party, is infringing on your copyright, please contact us by including all of the guidelines required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This notice can be sent to our executive email address: email@example.com, with the SUBJECT listed as: COPYRIGHT INQUIRY
Carrier Rates may Apply – Because Decide-N-Dine is accessed through a mobile device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
Partnership or Agency – None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and HOMic, LLC and you shall have no authority to bind HOMic, LLC in any form or manner, whatsoever.
Severability – If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
If you have any questions about these Terms, please contact us: firstname.lastname@example.org