MyRestaurantList

Terms of Use

Welcome to MyRestaurantList

We hope you find it useful and enjoy your meal! By accessing our servers, websites, or content therefrom (together, "MRL"), you agree to these Terms of Use ("TOU"), last updated May 4, 2017.

License

If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access MRL in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from MRL, excluding content you create and sharing with friends/family.

You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

Your information

When you sign-up as a list-maker, you grant us full and absolute rights to use your image, name, restaurant recommendation list, page view counts and other information when we market the service to restaurant advertisers.

When you sign-up as a restaurant, you grant us the right to use your pictures, menu, etc to promote your restaurant to guests of list makers.

No cash for recommending

MyRestaurantList never charges a fee for you to create a list and it never costs a restaurant anything to be recommended on a list. You should only recommend restaurants that you feel are worth recommending. Restaurants only pay fees if they choose to optionally advertise on any list where they are already recommended.

Use

You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with MRL, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.

Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings. You agree not to collect users' personal and/or contact information ("PI").

Moderation

You agree we may moderate MRL access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

Sales

If you choose to advertise, you authorize us to charge your account for MRL advertising fees. Unless noted, fees are in US dollars; tax is additional.

Except for the first $100 in advertising fees, which are refundable upon request up to 12 months after you make your first $100 deposit, to the extent permitted by law, all other fees are nonrefundable, even for lists where you are removed. We may refuse advertising, which may place a hold on your account.

Disclaimer

MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law

  1. we make no promise as to MRL, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. your access and use are at your own risk, and MRL is provided "AS IS" and "AS AVAILABLE";
  3. we are not liable for any harm resulting from
    • user content;
    • user conduct, e.g. illegal conduct;
    • your MRL use;
    • our representations;
  4. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("MRL ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
  5. MRL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
  6. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

Claims

You agree to following claims

  1. any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your MRL use is governed by Florida ("FL") law regardless of your location or any conflict or choice of law principle;
  2. claims must be resolved exclusively by state or federal court in Naples, FL (except we may seek injunctive remedy anywhere);
  3. to submit to personal jurisdiction of said courts;
  4. any Claim must be filed by 1 year after it arose or be forever barred;
  5. not to bring or take part in a class action against MRL Entities;
  6. (except government agencies) to indemnify MRL Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your MRL use;
  7. you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network)
  8. to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

Misc

Users complying with prior written licenses may access MRL thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.

build myrestaurantlist-production#8540e7353db427618b81327c009ed6f33f2a565a (v234) @ 2017-09-20T17:29:06Z
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