1.0 General

1.1 Acceptance of Terms: By using the OpenMenu.com website or services (collectively "the Service") you ("you" or the "End User") agree to the terms and conditions that we OpenMenu, OpenMenu.com and OpenMenu (collectively "OpenMenu") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms" or "Agreement"), please refrain from using the Sevices.

OpenMenu reserves the right to make any changes to our Terms and as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and you continue to use our Site, you are impliedly agreeing to the Terms expressed herein.

1.2 General: Subject to these Terms, OpenMenu may offer to provide certain services, solely for your own personal, non-commercial use. You shall not store any significant portion of any content including, without limitation, text, graphics, logos, icons, images, and restaurant data (includes but not limited to menus), retrieved by you on the Service in any form ("Content"). Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from OpenMenu or from the copyright holder identified in such Content's copyright notice. Exceptions are noted in the Menu Usage section below.

OpenMenu shall have the right at any time to change or discontinue any aspect or feature of OpenMenu, including, but not limited to, content, online tools, services, api, hours of availability and equipment needed for access or use. Further, OpenMenu may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Access to the Service using automated means such as harvesting bots, robots, spiders or scrapers to collect OpenMenus or restaurant content or information is prohibited absent express authorization.

2.0 Usage

2.1 Overview: OpenMenu menus, herein referred to as "raw menu", obtained through the API or connected directly to through the menu's permanent URL may be accessed, used and stored locally ("cached" or "caching" - reference section 2.1.2 on caching) for personal, commercial or non-profit use. Usage of the raw menu must contain attribution back to OpenMenu.com unless expressed written permission from OpenMenu is obtained or an Enterprise API license is in place (and current). Any raw menu obtained through the API or connected directly to through the menu's permanent URL may not be redistributed, to include but not limited to an API, without expressed written permission from OpenMenu.

2.1.1 Attribution Format: Attribution to OpenMenu must link to https://OpenMenu.com or the restaurant's page on OpenMenu (https://openmenu.com/restaurant/[OpenMenu ID]) and not contain any attributes which would prevent, restrict or hinder crawling, using, consuming or following by a search engine (including, but not limited to, rel="nofollow"). Attribution can be the OpenMenu logo (request from OpenMenu) or one of these approved text phrases: OpenMenu, OpenMenu.com, Provided by OpenMenu, Powered by OpenMenu, Menu Provided by OpenMenu, Menus Provided by OpenMenu. Attribution must be present everywhere the raw menu data is rendered, displayed, used or shown. In reference to Mobile Apps the attribution can take the form of the logo shown on a loading splash screen (must be displayed for a minimum of 2 seconds). Alternative attribution can be allowed with expressed written permission from Open Menu.

2.1.2 Caching: Caching is allowed with expressed written permission from OpenMenu only.

2.3 Restrictions: Any raw menu(s) obtained through, or provided by OpenMenu, may not be used to offer or promote services that are damaging to, disparaging of, or otherwise detrimental to OpenMenu, OpenMenu.com, Open Menu LLC or its licensors, licensees, affiliates and partners.

3.0 Customer Data

3.1 Rights in Customer Data. As between the parties, Customer retains all right, title, and interest (including any intellectual property rights) in and to the Customer Data, all Customer Properties, and all content contained within them (excluding any OpenMenu Technology or derived data). Customer hereby grants OpenMenu a perpetual, non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the OpenMenu Service and related services to Customer and and OpenMenu partners. For Content, this includes the right to publicly display and perform Content and the Customer Properties (including derivative works and modifications) as provided through the OpenMenu Service.

3.2 Aggregate/Derivative Data. Customer agrees that OpenMenu will have the right to generate Aggregate/Derivative Data and that Aggregate/Derivative Data is OpenMenu Technology, which OpenMenu may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve OpenMenu's products and services and to create and distribute reports and other materials). Customer is not responsible for OpenMenu's use of Aggregate/Derivative Data.

3.3 Storage. OpenMenu does not provide an archiving service. During the Subscription Term, Customer acknowledges that OpenMenu may delete Content no longer in active use. OpenMenu expressly disclaims all other obligations with respect to storage. Additional storage terms may be specified in the applicable Service-Specific Terms.

4.0 Other

4.1 End User Conduct: This Site and any individual sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without OpenMenu's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in OpenMenu's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with OpenMenu.

4.2 Copyright and Trademarks: Everything located on or in this Site, including the Microsites, is the exclusive property of OpenMenu or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF OpenMenu IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with OpenMenu shall not be deemed to be in the public domain but rather the exclusive property of OpenMenu, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of OpenMenu, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. OpenMenu does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public or private area of this Site, End User warrants that the owner of such material has expressly granted OpenMenu the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal, commercial or non-profit use. End User hereby grants OpenMenu the right to edit, copy, publish and distribute any material made available on this Site by End User.

4.3 Limitation of Liability: End user expressly agrees that use of this site and the microsites is at end user's sole risk. Neither OpenMenu, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through this site or the microsites.

This site and the microsites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. End user specifically acknowledges that OpenMenu is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with end user.

In no event shall OpenMenu, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the microsites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. End user hereby acknowledges that the provisions of this section shall apply to all content on this site and the microsites.

In addition to the terms set forth above, neither OpenMenu, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this site or any of the microsites, or for any delay or interruption in the transmission thereof to the end user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

OpenMenu is not responsible for any content that a user, subscriber, or an unauthorized user may post on this site or any of the microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by OpenMenu. Moreover, OpenMenu reserves the right to edit, change, alter, delete and prohibit any and all content that it, OpenMenu, deems unsuitable.

4.4 Indemnity: End User agrees that OpenMenu, its parents, subsidiaries, affiliates, officers and employees shall have no liability of any kind to End User for any loss, damage, cost or expense (including attorneys' fees and expenses) arising from or relating to any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, or the violation of these Terms by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

4.5 Links to Third Party Websites: Our Services may contain links to third party websites. Access to any other Internet website linked to the Services is at your own risk and OpenMenu is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, OpenMenu is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. OpenMenu provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

4.6 Miscellaneous: OpenMenu may terminate or suspend access to the Services immediately, without prior notice or liability, if the End User breaches any of these Terms or for any other reason. 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. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by the End User except with OpenMenu' prior written consent. These Terms shall be governed by and construed in accordance with the laws of the state of South Carolina without regard to the conflict of laws provisions thereof. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by or provided by OpenMenu on this site. No agency, partnership, joint venture, or employment is created as a result of these Terms and the End User does not have any authority of any kind to bind OpenMenu in any respect whatsoever.

OpenMenu may not be held responsible for the accuracy of any information contained within this website.

updated: 2021-04-21