Unimenu | Terms & Conditions

Your use of the Unimenu's services, software and website (referred to collectively as the "Licensed Application") is subject to the terms, conditions, and statements ("Terms") included in this legal agreement between you and Five Components, Inc. ("Application Provider"). In order to use the Licensed Application, you must first agree to the Terms. You may not use the Licensed Application if you do not accept the Terms. You can accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Application Provider in the user interface of the Licensed Application; or (ii) by actually using the Licensed Application. In this case, you understand and agree that the Application Provider will treat your use of the Licensed Application as acceptance of the Terms from that point onwards. You may not use the Licensed Application if you do not accept the Terms. You may not use the Licensed Application and may not accept the Terms if you are not of legal age to form a binding contract with the Application Provider.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

The Application Provider may modify the Terms at any time. When changes are made, we will notify you by making the revised version available on the Licensed Application website and will indicate at the top of the webpage the date that revisions were last made. Any such modification will be effective upon our posting of the new Terms. You are bound by such modification and should therefore periodically visit these Terms by visiting http://www.unimenu.com/terms to review the then-current Terms to which you are bound. Your continued use of the Licensed Application after any posted modification to the Terms indicates your acceptance of the modification.

The Application Provider is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Licensed Application, which the Application Provider provides, may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that the Application Provider may stop (permanently or temporarily) providing the Licensed Application (or any features within the Licensed Application) to you or to users generally at Application Provider's sole discretion, without prior notice to you.

In order to access certain features of the Licensed Application, You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Licensed Application, or as part of your continued use of the Licensed Application. You agree that any registration information you give to the Application Provider will always be accurate, correct and up to date. You agree to use the Licensed Application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may use or download material displayed on the Licensed Application for noncommercial, personal use only. You may not distribute, modify, transmit, post, or otherwise use the content of the Licensed Application for public or commercial purposes without the written permission of the Application Provider or the respective Listed Restaurant. You agree not to access (or attempt to access) any of the parts of the Licensed Application by any means other than through the interface that is provided by the Application Provider, unless you have been specifically allowed to do so in a separate agreement with the Application Provider. You specifically agree not to access (or attempt to access) any of the Licensed Application through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Licensed Application (or the servers and networks which are connected to the Licensed Application). Unless you have been specifically permitted to do so in a separate agreement with the Application Provider, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. The Application Provider reserves the right to refuse service and terminate accounts if we believe that your conduct violates these Terms.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to the Application Provider for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Application Provider immediately at support@unimenu.com.

You acknowledge and agree that the Application Provider owns all legal right, title and interest in and to the Licensed Application, including any intellectual property rights, which subsist in the Licensed Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Licensed Application may contain information which is designated confidential by the Application Provider and that you shall not disclose such information without the Application Provider's prior written consent. Unless you have agreed otherwise in writing with the Application Provider, nothing in the Terms gives you a right to use any of the Application Provider's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with the Application Provider, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Licensed Application. You agree that in using the Licensed Application, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

The Application Provider gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Licensed Application. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Licensed Application as provided by the Application Provider, in the manner permitted by the Terms. This license is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Services on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

"User" is anyone who accesses, browses, or in any way uses the Licensed Application. The terms "you" and "your" refer to you, as a user of the Licensed Application. The terms "we" and "us" refer to the Application Provider. "User Content" means the content Users submit, post or use in the Licensed Application.

Subject to the restrictions of the Terms, We grant you permission to use the Licensed Application, including the ability to: (1) view the Licensed Application's content; (2) post messages and comments on the Licensed Application; and (3) upload photos. Anyone can use Licensed Application to look up information via the Licensed Application's website and mobile applications. Users who want to register as a member ("Member") of the Licensed Application can participate in the Licensed Application. Only Members are allowed to contribute content to the Licensed Application. To become a Member you are required to register and provide your personal information. The collection and use of your personally identifiable information will be subject to our privacy policy.

There are two types of Members for the Licensed Application.

a. Personal Members: Personal Members are registered users who wish to participate in the Licensed Application. A Personal Member is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Licensed Application, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts. Personal Members also agree to allow its comments to be posted on the Licensed Application and shared with other users of the Licensed Application. All comments made by Personal Members are properties of the Application Provider.

b. Business Member: Business Members are registered users who wish to use the Licensed Application for business purposes. Business Members wishes to use the Licensed Application as a representative of a business that is listed on the Licensed Application's website and mobile applications. In creating or updating a restaurant or restaurant related content, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business. Business Members can claim their restaurant(s) and modify their own restaurant's content such as restaurant location, goods and services offered and individual menu items.

You agree that you will not: (a) post any User Content that is obscene, defamatory, violent, sexually explicit, indecent or offensive. Users should not use obscene or indecent language as part of or whole of the registered names; (b) use the Licensed Application for promotion, advertising or commercial sales purposes unless you are a Business Member; (c) use the Licensed Application to transmit or post spam, chain letters, surveys, or other mass messaging, whether commercial in nature or not; (d) violate any third-party right, including any breach of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (e) post pornography or illegal events; (f) violate the Terms or any applicable law; (g) post any Content that strays away from the subjects of the Licensed Application (users are advised to keep their posts and comments on topic); (h) post insulting or vulgar Content which will offend or insult a specific national origin or political orientation; (i) register for more than one account on the Licensed Application; print or duplicate the postings of another User without the relevant consent; (j)publicly attack any person or organization; (k) content attacking any brands or restaurants; (l) upload disproportionately large images to the Services. Users are advised to follow the uploading limitations set by the Application Provider; (m) Post your phone numbers, email address and other contacts; and (n) use any robot, spider or other means of monitoring, copying or searching the Licensed Application.

By submitting, posting or displaying the content you give the Application Provider a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content (without compensation) which you submit, post or display on or through, the Licensed Application. This license is for the sole purpose of enabling the Application Provider to display, distribute and promote in connection with the Licensed Application. You understand that the Application Provider, in performing the required technical steps to provide the Licensed Application to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Application Provider to take these actions. You irrevocably waive any claims and assertions of moral right or attribution with respect to your Content. You confirm and warrant to the Application Provider that you have all the rights, power and authority necessary to grant the above license.

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential subject only to the terms of our Privacy Policy and the Terms. You acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

You are solely responsible for your Content. You assume all risks associated with the use of your Content. We will not be liable for any loss suffered by you as a result of your posting to the Licensed Application. You may expose yourself to liability if, for example, your Content violates a third party's right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory or contains material that is unlawful. You agree to indemnify, defend and hold harmless the Application Provider, its affiliates, officers, directors, employees, owners, consultants, agents, successors and assigns from any and all third-party claims, liability, damages and/or costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and attorneys' fees) arising from (i) your violation of the Terms, (ii) your use of the Licensed Application, or (iii) the infringement or violation by you of any third party's rights.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Licensed Application are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". You should be aware that Content presented to you as part of the Licensed Application, including but not limited to advertisements in the Licensed Application and sponsored Content within the Licensed Application may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Application Provider (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Application Provider or by the owners of that Content, in a separate agreement. The Application Provider reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Licensed Application. You understand that by using the Licensed Application you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Licensed Application at your own risk. You agree that you are solely responsible for (and that the Application Provider has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Licensed Application and for the consequences of your actions by doing so. The Licensed Application may include hyperlinks to other web sites or content or resources. The Application Provider may have no control over any web sites or resources, which are provided, by companies or persons other than the Application Provider. You acknowledge and agree that the Application Provider is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that the Application Provider is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

For information about Unimenu's data protection practices, please read the Application Provider's privacy policy at http://www.unimenu.com/privacy. This policy explains how the Application Provider treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with the Application Provider's Terms and Privacy Policy.

a. The Application Provider may terminate or suspend your account or ability to use the Licensed Application, in whole or in part, at the Application Provider's sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Licensed Application if you breach the Terms or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Licensed Application, Your Content, Licensed Application Content, or any other related information.

b.You may terminate the Terms at any time by closing your account, discontinuing your use of any and all parts of the Licensed Application, and providing the Application Provider with a notice of termination by an email to support@unimenu.com with the subject "Close my account" and your username in the body of the email.

c. In the event of any termination, whether by you or us the Terms will continue in full force and effect, including the Application Provider's rights with respect to Your Content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE." THE APPLICATION PROVIDER DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LICENSED APPLICATION WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE LICENSED APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION PROVIDER OR THROUGH OR FROM THE LICENSED APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE APPLICATION PROVIDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APPLICATION PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE 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; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY 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 SERVICES; (II) ANY CHANGES WHICH THE APPLICATION PROVIDER MAY MAKE TO THE LICENSED APPLICATION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LICENSED APPLICATION (OR ANY FEATURES WITHIN THE LICENSED APPLICATION); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE THE APPLICATION PROVIDER WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON THE APPLICATION PROVIDER'S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT THE APPLICATION PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

It is Application Provider's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act ("DMCA")) and to terminating the accounts of repeat infringers.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Licensed Application, on sites linked to the Licensed Application, or in connection with the services or materials, please provide, pursuant to the DMCA, written notification via regular mail or via e-mail of claimed copyright infringement to us (contact information below), which must contain all of the following elements: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (ii) a description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; (iii) a description of where the content that you claim is infringing is located on the Licensed Application; (iv) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. The notice of infringement should be sent to us at: legal@unimenu.com.

Unimenu.com and the Unimenu Logo are trademarks of the Application Provider in the United States and other countries. The Application Providers trademarks may not be used in connection with any product or service that is not the Application Provider's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Application Provider.

If you believe that we have not adhered to these Terms you may write to us at the following address:

E-mail: legal@unimenu.com

In your letter, please describe in as much detail as possible ways in which you believe the Terms have not been complied with. We will investigate your complaint promptly.

The Terms constitute the entire understanding between you and us with respect to your use of the Licensed Application. The Terms, and your relationship with the Application Provider under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and the Application Provider agree to submit to the exclusive jurisdiction of the courts located within New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Application Provider shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that if the Application Provider does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Application Provider has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Application Provider's rights and that those rights or remedies will still be available to the Application Provider. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.