1. Your Acceptance
By using and/or visiting this website (collectively, including all Content available through the Schoolmenu.com domain name, the "Schoolmenu.com Website", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Service") and the terms and conditions of schoolmenu.com’s privacy notice, which are published at schoolmenu.com/privacy_policy.php, and which are incorporation herin by reference. If you do not agree to any of these terms, then please do not use the Schoolmenu.com Website.
2. Schoolmenu.com Website
These Terms of Service apply to all users of the Schoolmenu.com Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Schoolmenu.com Website may contain links to third party websites that are not owned or controlled by Schoolmenu.com. Schoolmenu.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Schoolmenu.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Schoolmenu.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Schoolmenu.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. Schoolmenu.com hereby grants you permission to
use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website
as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium
without Schoolmenu.com's prior written
authorization; (iii) you will not alter or modify
any part of the Website other than as may be
reasonably necessary to use the Website for its
intended purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms of
Service.
B. You agree not to use or launch any automated
system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request
messages to the Schoolmenu.com servers in a given
period of time than a human can reasonably produce
in the same period by using a convention on-line web
browser. Notwithstanding the foregoing,
Schoolmenu.com grants the operators of public search
engines permission to use spiders to copy materials
from the site for the sole purpose of creating
publicly available searchable indices of the
materials, but not caches or archives of such
materials. Schoolmenu.com reserves the right to
revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest
any personally identifiable information, including
account names, from the Website, nor to use the
communication systems provided by the Website for
any commercial solicitation purposes. You agree not
to solicit, for commercial purposes, any users of
the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Schoolmenu.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Schoolmenu.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Schoolmenu.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Schoolmenu.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Schoolmenu.com Website or the Content therein.
5. User Submissions
A. The Schoolmenu.com Website may now or in the
future permit the submission of videos or other
communications submitted by you and other users
("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You
understand that whether or not such User Submissions
are published, Schoolmenu.com does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or
publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and
authorize Schoolmenu.com to use all patent,
trademark, trade secret, copyright or other
proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the
Website and these Terms of Service; and (ii) you
have the written consent, release, and/or permission
of each and every identifiable individual person in
the User Submission to use the name or likeness of
each and every such identifiable individual person
to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these
Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions.
However, by submitting the User Submissions to
Schoolmenu.com, you hereby grant Schoolmenu.com a
worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in
connection with the Schoolmenu.com Website and
Schoolmenu.com's (and its successor's) business,
including without limitation for promoting and
redistributing part or all of the Schoolmenu.com
Website (and derivative works thereof) in any media
formats and through any media channels. You also
hereby grant each user of the Schoolmenu.com Website
a non-exclusive license to access your User
Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as
permitted through the functionality of the Website
and under these Terms of Service. The foregoing
license granted by you terminates once you remove or
delete a User Submission from the Schoolmenu.com
Website.
C. In connection with User Submissions, you further
agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including
privacy and publicity rights, unless you are the
owner of such rights or have permission from their
rightful owner to post the material and to grant
Schoolmenu.com all of the license rights granted
herein; (ii) publish falsehoods or
misrepresentations that could damage Schoolmenu.com
or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or
solicitations of business: (v) impersonate another
person. Schoolmenu.com does not endorse any User
Submission or any opinion, recommendation, or advice
expressed therein, and Schoolmenu.com expressly
disclaims any and all liability in connection with
User Submissions. Schoolmenu.com does not permit
copyright infringing activities and infringement of
intellectual property rights on its Website, and
Schoolmenu.com will remove all Content and User
Submissions if properly notified that such Content
or User Submission infringes on another's
intellectual property rights. Schoolmenu.com
reserves the right to remove Content and User
Submissions without prior notice. Schoolmenu.com
will also terminate a User's access to its Website,
if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a
User Submission removed from the Website more than
twice. Schoolmenu.com also reserves the right to
decide whether Content or a User Submission is
appropriate and complies with these Terms of Service
for violations other than copyright infringement and
violations of intellectual property law, such as,
but not limited to, pornography, obscene or
defamatory material, or excessive length.
Schoolmenu.com may remove such User Submissions
and/or terminate a User's access for uploading such
material in violation of these Terms of Service at
any time, without prior notice and at its sole
discretion.
D. In particular, if you are a copyright owner or an
agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our
Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a
single notification, a representative list of such
works at that site;
(iii) Identification of the material that is claimed
to be infringing or to be the subject of infringing
activity and that is to be removed or access to
which is to be disabled and information reasonably
sufficient to permit the service provider to locate
the material;
(iv) Information reasonably sufficient to permit the
service provider to contact you, such as an address,
telephone number, and, if available, an electronic
mail
(v) A statement that you have a good faith belief
that use of the material in the manner complained of
is not authorized by the copyright owner, its agent,
or the law; and
(vi) A statement that the information in the
notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
E. You understand that when using the Schoolmenu.com
Website, you will be exposed to User Submissions
from a variety of sources, and that Schoolmenu.com
is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or
relating to such User Submissions. You further
understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable rights
or remedies you have or may have against
Schoolmenu.com with respect thereto, and agree to
indemnify and hold Schoolmenu.com, its
Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law
regarding all matters related to your use of the
site.
F. Schoolmenu.com permits you to link to materials
on the Website for personal, non-commercial purposes
only. In addition, Schoolmenu.com provides an
"Embeddable Player" feature, which you may
incorporate into your own personal, non-commercial
websites for use in accessing the materials on the
Website, provided that you include a prominent link
back to the Schoolmenu.com website on the pages
containing the Embeddable Player. Schoolmenu.com
reserves the right to discontinue any aspect of the
Schoolmenu.com Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SCHOOLMENU.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOOLMENU.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SCHOOLMENU.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCHOOLMENU.COM WEBSITE. SCHOOLMENU.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCHOOLMENU.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCHOOLMENU.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL SCHOOLMENU.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SCHOOLMENU.COM WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SCHOOLMENU.COM
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by
Schoolmenu.com from its facilities in the United
States of America. Schoolmenu.com makes no
representations that the Schoolmenu.com Website is
appropriate or available for use in other locations.
Those who access or use the Schoolmenu.com Website
from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Schoolmenu.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Schoolmenu.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Schoolmenu.com Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Schoolmenu.com without restriction.
11. General
You agree that: (i) the Schoolmenu.com Website shall
be deemed solely based in California; and (ii) the
Schoolmenu.com Website shall be deemed a passive
website that does not give rise to personal
jurisdiction over Schoolmenu.com, either specific or
general, in jurisdictions other than California.
These Terms of Service shall be governed by the
internal substantive laws of the State of
California, without respect to its conflict of laws
principles. Any claim or dispute between you and
Schoolmenu.com that arises in whole or in part from
the Schoolmenu.com Website shall be decided
exclusively by a court of competent jurisdiction
located in San Mateo County, California. These Terms
of Service, together with the Privacy policy and any
other legal notices published by Schoolmenu.com on
the Website, shall constitute the entire agreement
between you and Schoolmenu.com concerning the
Schoolmenu.com Website. If any provision of these
Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such
provision shall not affect the validity of the
remaining provisions of these Terms of Service,
which shall remain in full force and effect. No
waiver of any term of this these Terms of Service
shall be deemed a further or continuing waiver of
such term or any other term, and Schoolmenu.com's
failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of
such right or provision. Schoolmenu.com reserves the
right to amend these Terms of Service at any time
and without notice, and it is your responsibility to
review these Terms of Service for any changes. Your
use of the Schoolmenu.com Website following any
amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms.
YOU AND SCHOOLMENU.COM AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE
SCHOOLMENU.COM WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated July 3, 2014