Terms of Use

TERM OF USES

 

  • Introduction

Translate My Menu is a mobile Services and website (the "Services") provided by Translate My Menu LLC (the “Company”) which allow users (“User”) to access and read restaurant menus in different languages. The content of the Services ("Content") is provided by Company and third party content provider/s ("Content Provider/s"), each Content Provider assumes full and sole responsibility for the Content provided by him including the Submitted Content as detailed in section ‎3.3. It is expressly stated that any Content provided by Company and Content Providers, is provided on an "as is" basis and the Company hereby expressly disclaims all representations and warranties of any kind, whether express or implied with regards thereto, and assumes no liability for any damages that may result from the use of such Content. The Company may make changes to the Terms of Use from time to time in its sole discretion, by updating these Terms of Use on these Services, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Services following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Services, you should check to see if a new version of the Agreement has been posted. Please read the Terms of Use carefully.

 

  • Deactivation and Termination

The Company may discontinue the Services at its sole and absolute discretion, and, deactivate an account at your request and reserves the right, in its sole discretion, to terminate your account or access to the Services at any time, with or without notice or explanation, for any or no reason, and without liability.

  • You are solely responsible for properly deactivating your account. Account deactivation is available as part of the Services. Deactivations by phone or sent to any email address will not be considered valid.
  • The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services or that of any other service provided by the Company for any reason, at any time, with or without notice, and without any refund of monies paid. Such termination of service will result in the deactivation or termination of your account. You will no longer be able to access your account and any Content stored with the Services in relation to the account.
  • The Company reserves the right to refuse service to anyone for any reason at any time. Such refusal may include, but is not limited to, any materials that the Company determines to be violent, obscene, or offensive; to advocate violent or illegal activity; to contain (or have the potential to contain) any malware; or to contravene any law, statute, or ordinance; or to violate these Terms of Use; or to violate any third parties’ terms of service.

 

  • Ownership and Licenses
    • All intellectual property available through the use of the Services, including, without limitation, all software code and builds relating to the Services, all data compiled by the Company from the Services (except for the Content), and all information derived by the Company from such compiled data is the proprietary content and property of, and is solely owned by the Company. Such content is protected by laws relating to copyright, patent, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights with respect thereto. The look and feel of the Services is copyright of the Company. The Company hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Services conditioned upon your adherences to the terms and restrictions set forth herein.
    • You hereby acknowledge that all Content and any intellectual property therein are the property of the Content Provider or others. You hereby agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Content without explicit written permission of the relevant Content Provider.
    • Without derogating from Section ‎3.2 above, by using the Services and submitting content to the Services (the: “Submitted Content”) you hereby agree: (1) that the Submitted Content will be included in the Content and will be subjected to the terms and conditions applicable to Content in these Terms of Use; and (2) confirm that you are entitled to post or transmit Submitted Content; (2) agree that you are solely responsible for all Submitted Content that you submit for posting; and (3) grant to Company and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, your Submitted Content in any way on the Services and on any other service owned or operated by Company or its affiliates (as well as on any social media sites associated with Company or its affiliates); and (4) grant other users of the Services an irrevocable, worldwide, nonexclusive, perpetual, royalty-free right and license to access, read, edit, translate and manipulate, your Submitted Content on the Services and on any other service owned or operated by Company or its affiliates.

 

  • Trademarks

The name and mark Translate My Menu, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Services are registered or unregistered trademarks, service marks or trade dress of the Company.

 

  • Quality of Service

While reasonable efforts are made to keep the Services accurate and current, the Company assumes no liability for any inaccuracies in the Services or any of its services or for any damages that may result from the use of the Services and/or the Content. You understand and agree that your use of the Services is at your own risk and on an as-is basis. The Company does not warrant that:

  • The Services will function on the User's and/or Content Provider's device/s, including but not limited to, mobile phone or mobile device, camera, computer systems, computer equipment and/or software.
  • The Services will meet your specific requirements.
  • The Services will be uninterrupted, timely, secure or error-free.
  • The results that may be obtained from the use of the Services will be accurate or reliable.
  • The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and any errors in the Services will be corrected.
  • At no time is the Company obligated to issue a monetary refund, nor is it liable for damages in connection with any use of the Services or any related defect, perceived or real, in the services rendered.

 

  • Links to Third-Party Sites

The Services may contain hyperlinks to websites operated by parties other than Company. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Translate My Menu to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

 

  • Account Terms The Services may require the setting up of a user account. To the extent such user account is required; violation of any of the Terms of Use may result in the termination of your account without notice. The Company prohibits inappropriate, offensive and illegal conduct and content while using the Services. In using the Services, you understand and agree that the Company is not responsible for the content posted, shared or produced using the Services. You agree to use the Services at your own risk. In using the Services you consent to receive “Pop-Up” messages from time to time from the Services by “Push Notifications” or by any other means directly to your mobile device or web browser. In setting up and using the account, you should comply with the following:
    • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
    • You must be 18 years or older to use this Services.
    • If required to do so, you must provide valid information for the registration process in order to access the Services.
    • You are responsible for maintaining the security of your account and password. You are solely responsible for any and all use of your account and actions taken under your account. You agree to notify the Company immediately if you believe your account has been accessed or used without your permission. You will also be responsible for the maintenance of any devices used in conjunction with your account. You agree to notify the Company immediately if you believe your device(s) may have been stolen or is otherwise being used by a third party without your permission. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    • You are responsible for all material you produce using the Services and activity that occurs under your account (even when content is posted by others who have access to your account).

 

  • Payments and Refund Terms

By signing with Translate My Menu Services you agree to pay the Company the monthly fees or one-time payment due for the annual or semi-annual subscription charges indicated for that service. Payments will be charged upon activation of charged services, subject to the following:

  • A valid credit card is required.
  • The paid use of the Services is non-refundable. In order to treat everyone equally, no exceptions will be made subjected to the applicable laws and regulations.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your location.

Also, if you decide, during your annual contract or semi-annual contract, to add services to your ongoing contract such as adding new languages translated or photography or any advanced service the Company would offer, you hereby agree to pay the fees related for such services. Adding more services to your ongoing contract has no effect on its duration. However, if you wish to upgrade your contract from a package to another, for example from a OPEN OFFER to a WORLDWIDE OFFER, you must be aware that a new contract will cancel and replace the previous one. Any contract modification will take within 5 business days to be effective.

 

  • Modifications to the Services and Prices
    • The Company reserves the right at any time and from time to time to modify or discontinue - temporarily or permanently - the Services (or any part thereof) with or without notice at any time.
    • Prices of all services are subject to change at any time, with or without notice. However, any price modification does not affect ongoing contracts.
    • The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or any other related service.
    • From time to time, the Company may issue an update to the Services that may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice, although the Company may notify you in advance of an upcoming update, including details on what the update includes.

 

  • Privacy

The privacy of users is important to the Company. We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only.  Your personal information is secured via SSL (Secure Socket Layer) Technology.

 

  • Endorsement

Unless otherwise explicitly noted in the Services or in these Terms of Use, none of the venues or Trademark owners mentioned in or referred to in Translate My Menu are endorsing Translate My Menu or the Services in anyway whatsoever.

 

  • Disclaimers; Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN "AS IS" BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES AND/OR CONTENT AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SERVICES, CONTENT, DATA OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH SERVICES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN SERVICES, CONTENT, DATA AND MATERIALS FROM THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES; (E) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES; AND (F) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CONTENT PROVIDER AND/OR ANY USER OF THE SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICE. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

 

  • Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS SUBSIDIARIES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICES, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

 

  • Indemnification

You agree to indemnify and hold the Company and its employees, suppliers, licensors, agents and service providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to:

  • Your use of the Services, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Use;
  • Any data, software, services or other materials that you use/or submit in connection with your access or use of the Services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.

 

  • Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida from the United States of America without giving effect to its choice of law rules. Any action or proceeding arising out of or relating hereto shall be brought exclusively in Florida. The Parties hereby agree to the exclusive jurisdiction of the competent courts of Florida State.

 

  • Integration and Severability

These Terms of Use are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

  • General Conditions
    • You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to maintain the Services.
    • The Company may use third party services to augment or enhance its Services. The Company is not responsible for services offered by other companies and cannot be held liable for their actions, including but limited to any resulting damages, defects or failures.
    • You must not modify, reproduce, mimic, adapt or hack the Services or modify another website so as to falsely imply or mislead that it is associated with the Company, including any other services or brands under the Company’s name.
    • You may not use the Services for any purposes illegal or otherwise in conflict with these Terms of Use. You must not, in the use of the Services, violate any laws in the legal jurisdiction to which you are subject to. Take special heed of copyright laws when using the Services.
    • You may not use Content with malicious intent or falsify, manipulate, or tamper with data related to but not limited to Services usage.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, access to the Services, or its resulting applications or any other resulting product without permission.
    • Any verbal, physical, written or other abuse (including threats of abuse or retribution) of any of the Company’s customers, users, Content Provider/s employees, members, or officers may result in immediate account termination. This includes abuse in any form of communication, both online or offline.
    • You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    • The failure of the Company to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. The Terms of Services constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including but not limited to any prior versions of the Terms of Use).

 

  • Questions or Feedback

Any questions about these Terms of Use should be addressed to info@translatemymenu.com. Feedback or suggestions should be submitted through the Services’ Contact Us form. While we are appreciative of your feedback or suggestions about the Services, the Company is not under obligation to implement said feedback or compensate you if it does.

 

 

 

TERM OF USES

 

  • Introduction

Translate My Menu is a mobile Services and website (the “Services“) provided by Translate My Menu LLC (the “Company”) which allow users (“User”) to access and read restaurant menus in different languages. The content of the Services (“Content“) is provided by Company and third party content provider/s (“Content Provider/s“), each Content Provider assumes full and sole responsibility for the Content provided by him including the Submitted Content as detailed in section ‎3.3. It is expressly stated that any Content provided by Company and Content Providers, is provided on an “as is” basis and the Company hereby expressly disclaims all representations and warranties of any kind, whether express or implied with regards thereto, and assumes no liability for any damages that may result from the use of such Content. The Company may make changes to the Terms of Use from time to time in its sole discretion, by updating these Terms of Use on these Services, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Services following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Services, you should check to see if a new version of the Agreement has been posted. Please read the Terms of Use carefully.

 

  • Deactivation and Termination

The Company may discontinue the Services at its sole and absolute discretion, and, deactivate an account at your request and reserves the right, in its sole discretion, to terminate your account or access to the Services at any time, with or without notice or explanation, for any or no reason, and without liability.

  • You are solely responsible for properly deactivating your account. Account deactivation is available as part of the Services. Deactivations by phone or sent to any email address will not be considered valid.
  • The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services or that of any other service provided by the Company for any reason, at any time, with or without notice, and without any refund of monies paid. Such termination of service will result in the deactivation or termination of your account. You will no longer be able to access your account and any Content stored with the Services in relation to the account.
  • The Company reserves the right to refuse service to anyone for any reason at any time. Such refusal may include, but is not limited to, any materials that the Company determines to be violent, obscene, or offensive; to advocate violent or illegal activity; to contain (or have the potential to contain) any malware; or to contravene any law, statute, or ordinance; or to violate these Terms of Use; or to violate any third parties’ terms of service.

 

  • Ownership and Licenses
    • All intellectual property available through the use of the Services, including, without limitation, all software code and builds relating to the Services, all data compiled by the Company from the Services (except for the Content), and all information derived by the Company from such compiled data is the proprietary content and property of, and is solely owned by the Company. Such content is protected by laws relating to copyright, patent, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights with respect thereto. The look and feel of the Services is copyright of the Company. The Company hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Services conditioned upon your adherences to the terms and restrictions set forth herein.
    • You hereby acknowledge that all Content and any intellectual property therein are the property of the Content Provider or others. You hereby agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Content without explicit written permission of the relevant Content Provider.
    • Without derogating from Section ‎3.2 above, by using the Services and submitting content to the Services (the: “Submitted Content”) you hereby agree: (1) that the Submitted Content will be included in the Content and will be subjected to the terms and conditions applicable to Content in these Terms of Use; and (2) confirm that you are entitled to post or transmit Submitted Content; (2) agree that you are solely responsible for all Submitted Content that you submit for posting; and (3) grant to Company and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, your Submitted Content in any way on the Services and on any other service owned or operated by Company or its affiliates (as well as on any social media sites associated with Company or its affiliates); and (4) grant other users of the Services an irrevocable, worldwide, nonexclusive, perpetual, royalty-free right and license to access, read, edit, translate and manipulate, your Submitted Content on the Services and on any other service owned or operated by Company or its affiliates.

 

  • Trademarks

The name and mark Translate My Menu, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Services are registered or unregistered trademarks, service marks or trade dress of the Company.

 

  • Quality of Service

While reasonable efforts are made to keep the Services accurate and current, the Company assumes no liability for any inaccuracies in the Services or any of its services or for any damages that may result from the use of the Services and/or the Content. You understand and agree that your use of the Services is at your own risk and on an as-is basis. The Company does not warrant that:

  • The Services will function on the User’s and/or Content Provider’s device/s, including but not limited to, mobile phone or mobile device, camera, computer systems, computer equipment and/or software.
  • The Services will meet your specific requirements.
  • The Services will be uninterrupted, timely, secure or error-free.
  • The results that may be obtained from the use of the Services will be accurate or reliable.
  • The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and any errors in the Services will be corrected.
  • At no time is the Company obligated to issue a monetary refund, nor is it liable for damages in connection with any use of the Services or any related defect, perceived or real, in the services rendered.

 

  • Links to Third-Party Sites

The Services may contain hyperlinks to websites operated by parties other than Company. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Translate My Menu to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

 

  • Account Terms The Services may require the setting up of a user account. To the extent such user account is required; violation of any of the Terms of Use may result in the termination of your account without notice. The Company prohibits inappropriate, offensive and illegal conduct and content while using the Services. In using the Services, you understand and agree that the Company is not responsible for the content posted, shared or produced using the Services. You agree to use the Services at your own risk. In using the Services you consent to receive “Pop-Up” messages from time to time from the Services by “Push Notifications” or by any other means directly to your mobile device or web browser. In setting up and using the account, you should comply with the following:
    • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    • You must be 18 years or older to use this Services.
    • If required to do so, you must provide valid information for the registration process in order to access the Services.
    • You are responsible for maintaining the security of your account and password. You are solely responsible for any and all use of your account and actions taken under your account. You agree to notify the Company immediately if you believe your account has been accessed or used without your permission. You will also be responsible for the maintenance of any devices used in conjunction with your account. You agree to notify the Company immediately if you believe your device(s) may have been stolen or is otherwise being used by a third party without your permission. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    • You are responsible for all material you produce using the Services and activity that occurs under your account (even when content is posted by others who have access to your account).

 

  • Payments and Refund Terms

By signing with Translate My Menu Services you agree to pay the Company the monthly fees or one-time payment due for the annual or semi-annual subscription charges indicated for that service. Payments will be charged upon activation of charged services, subject to the following:

  • A valid credit card is required.
  • The paid use of the Services is non-refundable. In order to treat everyone equally, no exceptions will be made subjected to the applicable laws and regulations.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your location.

Also, if you decide, during your annual contract or semi-annual contract, to add services to your ongoing contract such as adding new languages translated or photography or any advanced service the Company would offer, you hereby agree to pay the fees related for such services. Adding more services to your ongoing contract has no effect on its duration. However, if you wish to upgrade your contract from a package to another, for example from a OPEN OFFER to a WORLDWIDE OFFER, you must be aware that a new contract will cancel and replace the previous one. Any contract modification will take within 5 business days to be effective.

 

  • Modifications to the Services and Prices
    • The Company reserves the right at any time and from time to time to modify or discontinue – temporarily or permanently – the Services (or any part thereof) with or without notice at any time.
    • Prices of all services are subject to change at any time, with or without notice. However, any price modification does not affect ongoing contracts.
    • The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or any other related service.
    • From time to time, the Company may issue an update to the Services that may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice, although the Company may notify you in advance of an upcoming update, including details on what the update includes.

 

  • Privacy

The privacy of users is important to the Company. We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only.  Your personal information is secured via SSL (Secure Socket Layer) Technology.

 

  • Endorsement

Unless otherwise explicitly noted in the Services or in these Terms of Use, none of the venues or Trademark owners mentioned in or referred to in Translate My Menu are endorsing Translate My Menu or the Services in anyway whatsoever.

 

  • Disclaimers; Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES AND/OR CONTENT AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SERVICES, CONTENT, DATA OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH SERVICES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN SERVICES, CONTENT, DATA AND MATERIALS FROM THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES; (E) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES; AND (F) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CONTENT PROVIDER AND/OR ANY USER OF THE SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICE. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

 

  • Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS SUBSIDIARIES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICES, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

 

  • Indemnification

You agree to indemnify and hold the Company and its employees, suppliers, licensors, agents and service providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to:

  • Your use of the Services, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Use;
  • Any data, software, services or other materials that you use/or submit in connection with your access or use of the Services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.

 

  • Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida from the United States of America without giving effect to its choice of law rules. Any action or proceeding arising out of or relating hereto shall be brought exclusively in Florida. The Parties hereby agree to the exclusive jurisdiction of the competent courts of Florida State.

 

  • Integration and Severability

These Terms of Use are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

  • General Conditions
    • You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to maintain the Services.
    • The Company may use third party services to augment or enhance its Services. The Company is not responsible for services offered by other companies and cannot be held liable for their actions, including but limited to any resulting damages, defects or failures.
    • You must not modify, reproduce, mimic, adapt or hack the Services or modify another website so as to falsely imply or mislead that it is associated with the Company, including any other services or brands under the Company’s name.
    • You may not use the Services for any purposes illegal or otherwise in conflict with these Terms of Use. You must not, in the use of the Services, violate any laws in the legal jurisdiction to which you are subject to. Take special heed of copyright laws when using the Services.
    • You may not use Content with malicious intent or falsify, manipulate, or tamper with data related to but not limited to Services usage.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, access to the Services, or its resulting applications or any other resulting product without permission.
    • Any verbal, physical, written or other abuse (including threats of abuse or retribution) of any of the Company’s customers, users, Content Provider/s employees, members, or officers may result in immediate account termination. This includes abuse in any form of communication, both online or offline.
    • You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    • The failure of the Company to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. The Terms of Services constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including but not limited to any prior versions of the Terms of Use).

 

  • Questions or Feedback

Any questions about these Terms of Use should be addressed to info@translatemymenu.com. Feedback or suggestions should be submitted through the Services’ Contact Us form. While we are appreciative of your feedback or suggestions about the Services, the Company is not under obligation to implement said feedback or compensate you if it does.

 

 

 

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