Restaurant Intelligence Agency and its products: Soapbox, Spoonfeed and Mediafeed
Use of the Site
You agree not to copy, duplicate, alter, download, publish, modify, create derivative works, publicly display or otherwise distribute any Content (as defined below) for any purpose other than as provided for under these Terms. Other than as set forth in these Terms, the software, text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content on the Site (collectively, the “Content”), other than the User Contributions (as defined below), is the property of RIA and is protected by U.S. and other countries’ copyright laws. These Terms give you a non-exclusive, non-transferrable, limited and revocable license to visit and use the Site only so long as you comply with all of these Terms. Any violation of these Terms exceeds the scope of that license and is prohibited. Nothing in this license, or on the Site, may be construed as granting you any other rights or privileges of any kind with respect to the Site or any Content.
By using the Site, you agree that you will (i) comply with all of these Terms and (ii) not violate the rights of RIA or any other person or entity in connection with your use of the Site.
Compliance With Laws
The use of the Site may be regulated by federal, state and local laws or regulations. You acknowledge that complying with laws is your responsibility. RIA will comply with law enforcement and may provide them with all information you submit to RIA to assist in any investigation or prosecution they may conduct. You will comply with the terms of applicable state privacy rules and regulations, in connection with your use of the Site.
In order to access certain areas of the Site, you will create a user account and login (a “User Account”). You may never use another party’s User Account without such party’s express authorization, and you may create only one User Account. You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify RIA immediately of any security breach or unauthorized use of your User Account. RIA will not be liable for any costs, losses, claims or damages incurred by you or any third party which are directly or indirectly caused by any unauthorized use of your User Account.
If you are a restaurant, you are solely responsible for all activity that occurs on the Site with respect to your employees and personnel, as well as for any User Accounts created by your employees and personnel. You agree to take all necessary and appropriate measures to monitor your employees’ and personnel’s activities that occur on the Site. RIA will not be liable for any costs, losses, claims or damages incurred by you or any of your employees or personnel which are directly or indirectly caused by any unauthorized use by your employees or personnel of your User Account or the User Accounts of your employees or personnel.
Information You Provide
You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all information you provide through the Site, including but not limited to all information concerning your name, mailing address, phone number, email address and other identifying information of any nature, will be true, complete and correct. You further agree that you will not attempt to conceal your identity by using multiple IP addresses or email addresses to use the Site. All information that you submit to RIA through the Site shall be deemed and remain your property, however RIA may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. RIA has no obligations regarding such information except as expressly indicated in these Terms or required by law.
User Contributions to the Site
Anything that is contributed to the Site by you or other users of the Site is referred to in these Terms as “User Contributions”. User Contributions do not represent the views or opinions of RIA. RIA may or may not preview User Contributions before they appear on the Site. RIA does not guarantee the accuracy, safety, completeness or usefulness of any User Contribution and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Contribution or any opinion, recommendation or advice expressed in a User Contribution. RIA disclaims any and all liability in connection with User Contributions. Subject to these Terms, you will, at all times, retain ownership over the User Contributions.
You may be exposed to User Contributions when using the Site. RIA is not liable or responsible for the intellectual property rights of or relating to User Contributions. You agree and acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you hereby waive any rights or remedies you may have against RIA with respect to User Contributions. You may be held liable for any illegal or prohibited User Contributions you provide to the Site, including but not limited to infringing, defamatory or offensive materials. You agree to indemnify and hold RIA harmless to the fullest extent permitted by law regarding all such matters relating to your use of the Site. If you discover this kind of material on the Site, please notify RIA by using the information under “Contact RIA”.
Prohibited User Contributions
You may not submit prohibited or objectionable User Contributions to the Site, including but not limited to a User Contribution which:
- Is offensive, including, but not limited to, such User Contributions that may promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
- Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work;
- Displays pornographic or sexually explicit material of any kind;
- Provides material that exploits people under the age of 18, or solicits personal information from anyone under 18;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Infringes upon RIA’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature; or
- Violates applicable laws.
Access and Interference
You will not use any manual process to monitor or copy the Content for any unauthorized purpose. You will not use any device, software or routine that interferes with the proper functioning of the Site, nor will you attempt to interfere with the proper functioning of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.
Unauthorized Use of the Site; Violation of these Terms or Law; Equitable Relief
Any illegal or unauthorized use of the Site will constitute a violation of these Terms. Unauthorized uses include, but are not limited to, using the Site to facilitate illegal sales, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider or other automated process on the Site. You understand and agree that in RIA’s sole discretion, and without prior notice, RIA may terminate and block your access to the Site, or the access of any person acting or believed to be acting in concert with you, or exercise any other remedy available, if RIA believes that your conduct or the conduct of any person with whom RIA believes you act in concert violates or is inconsistent with these Terms or the law, or violates the rights of RIA, a member of RIA or another user of the Site. No refund shall be given to you (if applicable) if RIA blocks your access to the Site. If RIA is unable to verify or authenticate any information you provide during any download, registration, authentication or delivery process, or any other process, you may be prohibited from using the Site.
RIA reserves the right to modify, suspend or discontinue any part of the Site at any time, with or without notice to you. RIA also reserves the right to impose limits on certain features and services and to restrict access to any part or all of the Site without notice to you. RIA will not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
The Content is the property of RIA or users of the Site who make User Contributions and is or may be protected by copyright and other restrictions. You may not copy, modify, distribute or otherwise use any of the Content, except for your authorized use in compliance with these Terms and your own User Contributions. You may not use or frame any RIA name, trademark or logo, images posted on the Site, any text, the design of any page, any form contained on a page or other proprietary materials without RIA’s prior written consent. RIA may withdraw any Content from the Site at any time in its sole discretion. RIA will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you make User Contributions, you grant RIA a perpetual, royalty-free, non-exclusive license to use your User Contributions on the Site.
For purposes of the Digital Millennium Copyright Act (“DMCA”), RIA has designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact RIA immediately. You acknowledge that if you fail to comply with all of the requirements of the DMCA guidelines, your DMCA notice may not be valid. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RIA with respect to any DMCA notice you send, and you agree to indemnify and hold RIA and its members, managers, officers, employees, agents, representatives and licensors harmless to the fullest extent permitted by law regarding all matters relating to your sending of a DMCA notice.
The names, titles, trademarks, service marks and logos displayed on the Site (collectively, the “Trademarks”) are registered or unregistered common law trademarks of RIA or third parties. Nothing contained on the Site grants any license or right to use any Trademark without the prior written consent of RIA or the appropriate third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.
Confidential Information, Trade Secrets and Intellectual Property
You recognize that RIA has and will continue to develop certain secrets, know-how, customer lists, websites, website designs, software and software plans and designs, services, products, data, programs, source code, executable code and any other confidential or proprietary information related to the operations of RIA and its members and this Site (collectively, “Confidential Information”) and that all Confidential Information is the property of RIA. You agree that you shall not disclose or use any Confidential Information without the express prior written consent of RIA. You shall take reasonable steps to safeguard Confidential Information and to protect against its disclosure, misuse, espionage, loss and theft. Any patents, trade secrets, copyrights, improvements, technology, methodology, techniques, data, procedures, or protocols, and any derivative works prepared from any of the foregoing on the Site or developed, produced, invented or designed for use in connection with the Site are owned by and shall remain the sole property of RIA.
Release and Waiver
By using the Site, you fully waive and release RIA and its members, managers, directors, officers, partners, employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site and any dispute or defense you have or claim to have against RIA or one or more users of the Site.
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT AND THAT THE SITE WILL PROVIDE SPECIFIC RESULTS. RIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. RIA DOES NOT WARRANT THAT ANY OF THE CONTENT WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES.
RIA ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT OR (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR USE OF THE SITE.
RIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OF THE SITE OR OTHERWISE RELATED TO YOUR USE OF THE SITE. RIA IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL RIA, ITS PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL LOSSES OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES FROM USE OF THE SITE OR ANY ACTION OR FAILURE TO ACT BY RIA, EVEN IF RIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Payment and Refunds
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
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, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. RIA does not accept any liability for such loss.
What Information RIA Collects
When you visit the Site, you provide RIA with two types of information: personal information that identifies you (such as your name and email address) and non-personal information that does not identify you personally, but gives RIA information about you, your computer and your activities on the Site. Non-personal information includes but is not limited to your IP address, your browser type, the date and time you access the Site and the website that referred you to the Site.
How RIA Uses Your Information
RIA may use information that it collects from and about you in the following ways:
- To manage your User Account and provide you with customer service;
- To perform research and analyze your use of the Site and the Content;
- To enforce these Terms;
- To protect against and identify fraudulent transactions; and
- To generally manage RIA’s operations.
When you provide information through the Site, the information may be sent to servers located in the United States and other countries around the world.
Sharing Your Information
RIA also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise RIA’s legal rights; to defend against legal claims or as otherwise required by law. In such cases, RIA may raise or waive any legal objection or right available to it.
- When RIA believes disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of RIA, the Site and its users, RIA’s employees or others; to comply with applicable law or cooperate with law enforcement; or to enforce the these Terms or other agreements or policies.
All User Contributions are received and treated by RIA on a non-confidential and unrestricted basis. If you post any information to the Site, by electronic mail or otherwise, RIA will treat it as non-confidential and non-proprietary to you. Information that is posted to the Site will not be protected by these Terms and may be publicly displayed and disclosed and otherwise used by RIA or any third party in any way. By posting information to the Site, you authorize RIA to use or allow others to distribute, reproduce or otherwise use such information. You assume the risks and sole liability for posting information about yourself on the Site that can be used to identify or contact you.
RIA is not liable for any lost data resulting from the operation of the Site or the enforcement of these Terms. RIA urges all users to maintain their own back-up versions of any information they submit to the Site.
You agree to indemnify and hold RIA, its managers, members, officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Site; (ii) your breach of these Terms or (iii) your violation of any third party right. This indemnification obligation will indefinitely survive these Terms and the termination of your use of the Site.
If you have any questions about these Terms, please contact RIA by regular mail or email at the following address:
Restaurant Intelligence Agency, LLC
P.O. Box 259618
Chicago, IL 60625