1. USING EPIDAY.COM
Use of the epiday Web sites requires that you register or create an account (“Account”) or use the epiday Web sites as a guest. To register and create an Account, you must select an account designation and password. You are responsible for maintaining the confidentiality and security of your Account and password. You are fully responsible for all activities that occur under your password or Account. Also, you are fully responsible for any other actions taken in connection with the Account or password.
You agree to (a) immediately notify UP Solution of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. UP Solution will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account or password.
When you register and create an Account, you must also provide certain personal information. In consideration of the use of the epiday Web sites’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UP Solution has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UP Solution has the right to refuse any and all current or future use of the epiday Web sites (or any portion thereof).
By accessing the epiday Web sites, you agree:• not to access the epiday Web sites or services of the epiday Web sites using a third-party's account or registration without the account holder’s consent;
• to comply with all applicable regulations, laws, statutes and ordinances regarding acceptable material and online conduct;
• if you are under the age of 21, not to use the epiday Web sites to purchase alcohol (if you and the alcohol recipient are 21 or older, you will need to present a valid photo identification(s) verifying your age at the time of alcohol delivery);
• not to deep-link to the epiday Web sites or access the epiday Web sites manually or with any web crawler, extraction software, spider, robot, automated process or device to scrape, copy or monitor any portion of the epiday Web sites or any Content on the epiday Web sites;
• not to disrupt, interfere with, or otherwise harm or violate the security of the epiday Web sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the epiday Web sites or affiliated or linked sites (including those of our restaurant partners)
• if you are under the age of 13, not to use the epiday Web sites or services of the epiday Web sites or submit content to the epiday Web sites;
• not to use the epiday Web sites in any manner that could disable, damage, impair or overburden any UP Solution server, or the network connected to any UP Solution server, or interfere with any other party’s use of the epiday Web sites;
• not to gain or attempt to gain, through any manner or means, unauthorized access to any part of the epiday Web sites or any service, other account, computer system or network connected to any UP Solution server;
• not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for any purpose including but not limited to republication in print or online;
• not to use the epiday Web sites to engage in activities, including but not limited to commercial activities, apart from the permitted use of UP Solution services;
• not to sell, license, or otherwise provide access to or use of the epiday Web sites to any third party;
• not to spread, transmit or upload viruses or any other disruptive, destructive or harmful files; and
not to post restaurant reviews in any manner for commercial or other purpose or with any intent that does not comport, in good faith, with the purpose/spirit of the epiday Web sites.
4. OWNERSHIP OF CONTENT
The epiday Web sites and the content accessible through the epiday Web sites including but not limited to any content or everything on the epiday Web sites, from text to photos to videos to graphics and software, and all intellectual property rights included in or associated with the epiday Web sites, including but not limited to patents, copyrights, trademarks and service marks, including without limitation UP Solution (collectively, “Content”), are owned by or licensed to us, and all right, title and interest in and to the epiday Web sites and Content remains with UP Solution. Except as may occur when material is downloaded to your computer and your mobile phone or any other device in the ordinary course of accessing the epiday Web sites, material from the epiday Web sites may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties. In all events, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the epiday Web sites or in the Content.
You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any software or file downloaded from the epiday Web sites to a human-perceivable form.
Any content you provide such as user ratings and reviews, UP Solution reserves the right, in its sole discretion, to suspend, modify, or discontinue the epiday Web sites or services offered on or through the epiday Web sites (or any part thereof) at any time, with or without notice, including but not limited to the epiday Web sites’ features, look and feel, and functional elements and related services.
5. CONTENT PROVIDED BY YOU AND USE OF YOUR CONTENT
You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, ratings, reviews or other materials or content that you submit, post or otherwise transmit to the epiday Web sites (“User Content”).
You will grant and hereby grant to UP Solution an irrevocable, paid up, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to copy, display, modify, publicly perform, publish, remove, use, translate, create derivative works from, distribute or otherwise use User Content on the epiday Web sites and in all forms of media now known or hereafter invented (collectively, the “User Content Uses”), without notification to or approval by you. You further grant UP Solution a license to use your information including without limitation your username or other user profile information, your ratings history and any other information, to attribute User Content to you in connection with the User Content Uses, again without notification to or approval by you.
User Content transmitted to certain parts of the epiday Web sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our epiday Web sites. UP Solution and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the epiday Web sites.Disruptive communication is discouraged and civility is encouraged on the epiday Web sites. You are responsible for all User Content. You agree not to provide any User Content that:
• is false or misleading;
• is not written in good faith;
• has a commercial purpose;
• is abusive or unlawful;
• is invasive of another’s privacy;
• is vulgar, obscene, offensive, profane, defamatory, hateful or ethically, racially or otherwise objectionable;
• has a political purpose;
• is illegal;
• is harmful to adults or minors, threatening, harassing, or tortuous;
• has a religious purpose;
• promotes illegal activity;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit any computer software, hardware or Content on the epiday Web sites or other websites;
• interrupts, destroys or limits, or is intended to interrupt, destroy or limit the functionality or integrity of the epiday Web sites or other websites;
• infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or
• contains unauthorized advertising or solicits users to a business other than those on the epiday Web sites.
UP Solution may monitor any and all use of the epiday Web sites. We reserve the right to change, delete or remove, in part or in full, any User Content or suspend access to any Content or interactive areas which include features such as user ratings and reviews, saved favorites, and bookmarked restaurants for any reason or no reason at all.
6. DISCLAIMER OF WARRANTIES
BY USING THE EPIDAY WEB SITES, YOU AGREE THAT YOU RECEIVE THE EPIDAY WEB SITES AT YOUR OWN RISK. THE EPIDAY WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EPIDAY WEB SITES OR AGAINST INFRINGEMENT. We do not guarantee uninterrupted or secure access to the epiday Web sites, that defects will be corrected, or that the epiday Web sites or the servers that make it available are free of viruses or other harmful components. UP Solution does not warrant or make any representations regarding the use or the results of the use of the epiday Web sites, any Content in terms of accuracy, completeness, correctness, currentness, reliability, timeliness, or otherwise, including without limitation, the quality or timing of a delivery ordered on the epiday Web sites. You solely assume the entire cost of all necessary repair, servicing, or correction relating to your use of the epiday Web sites, or any Content on the epiday Web sites.
7. LIMITATION OF LIABILITY
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
8. ALCOHOLIC BEVERAGES POLICY
Some jurisdictions may permit the delivery and ordering of alcoholic beverages. If you place an order which includes any alcoholic beverage in such jurisdictions, you acknowledge that you are at least 21 years of age. As applicable, you shall present a government-issued identification card, evidencing your age upon delivery or pickup. You agree that the alcoholic beverage(s) will not be released to you, if you do not comply with these terms, and you shall forfeit the cost of such beverages, without exception.
9. TEXT ALERTS
You may receive text message alerts about each order placed on epiday.com or through the epiday mobile application. Please note that standard data and message rates may apply for text message alerts.
11. PROHIBITED ACTIVITIES
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the epiday Web sites or to surreptitiously intercept or expropriate any system, data or personal information from the UP Solution Web site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. You may not use the UP Solution Web site as a service bureau for third parties.
12. LINKING AND THIRD-PARTY CONTENT.
The epiday Web sites may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Use of any third-party content contained on or accessed from the epiday Web sites may be conditioned upon terms and conditions as provided by such third-party providers.
13. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes and regulations regarding: (i) use of the epiday Web sites and (ii) release of information to and retrieval of information from the epiday Web sites.
16. GOVERNING LAW, ARBITRATION AND JURISDICTION.