TERMS OF
SERVICE
Last
Updated: June 20, 2018
These
terms of service ("Terms") apply to your access and use of No Dining Curves(the "Service"). Please read them carefully.
Accepting these Terms
If you
access or use the Service, it means you agree to be bound by all of the terms
below. So, before you use the Service, please read all of the terms. If you
don't agree to all of the terms below, please do not use the Service. Also, if
a term does not make sense to you, please let us know by e-mailing support@vanguardinfotech.com.
Changes to these Terms
We
reserve the right to modify these Terms at any time. For instance, we may need
to change these Terms if we come out with a new feature or for some other reason.
Whenever
we make changes to these Terms, the changes are effective after we post such
revised Terms (indicated by revising the date at the top of these Terms) or
upon your acceptance if we provide a mechanism for your immediate acceptance of
the revised Terms (such as a click-through confirmation or acceptance button).
It is your responsibility to check No Dining Curves
for changes to these Terms.
If
you continue to use the Service after the revised Terms go into effect, then
you have accepted the changes to these Terms.
Privacy Policy
For
information about how we collect and use information about users of the
Service, please check out our privacy policy available at http://www.vanguardinfotech.com/NoDiningCurves.htm.
Third-Party Services
From
time to time, we may provide you with links to third party websites or services
that we do not own or control. Your use of the Service may also include the use
of applications that are developed or owned by a third party. Your use of such
third party applications, websites, and services is governed by that party's
own terms of service or privacy policies. We encourage you to read the terms
and conditions and privacy policy of any third party application, website or
service that you visit or use.
Content & Conduct
Our
Service allows you and other users to post, link and otherwise make available
content. You are responsible for the content that you make available to the
Service, including its legality, reliability, and appropriateness.
When
you post, link or otherwise make available content to the Service, you grant us
the right and license to use, reproduce, modify, publicly perform, publicly
display and distribute your content on or through the Service. We may format
your content for display throughout the Service, but we will not edit or revise
the substance of your content itself.
Aside
from our limited right to your content, you retain all of your rights to the
content you post, link and otherwise make available on or through the Service.
You
can remove the content that you posted by deleting it. Once you delete your
content, it will not appear on the Service, but copies of your deleted content
may remain in our system or backups for some period of time. We will retain web
server access logs for a maximum of two and then delete them.
You
may not post, link and otherwise make available on or through the Service any
of the following:
Content
that is libelous, defamatory, bigoted, fraudulent or deceptive;
Content
that is illegal or unlawful, that would otherwise create liability;
Content
that may infringe or violate any patent, trademark, trade secret, copyright,
right of privacy, right of publicity or other intellectual or other right of
any party;
Mass
or repeated promotions, political campaigning or commercial messages directed
at users who do not follow you (SPAM);
Private
information of any third party (e.g., addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers); and
Viruses, corrupted data or other
harmful, disruptive or destructive files or code.
Also,
you agree that you will not do any of the following in connection with the
Service or other users:
Use
the Service in any manner that could interfere with, disrupt, negatively affect
or inhibit other users from fully enjoying the Service or that could damage,
disable, overburden or impair the functioning of the Service;
Impersonate
or post on behalf of any person or entity or otherwise misrepresent your
affiliation with a person or entity;
Collect
any personal information about other users, or intimidate, threaten, stalk or
otherwise harass other users of the Service;
Create
an account or post any content if you are not over 13 years of age years of
age; and
Circumvent
or attempt to circumvent any filtering, security measures, rate limits or other
features designed to protect the Service, users of the Service, or third
parties.
Vanguard I.T. Materials
We
put a lot of effort into creating the Service including, the logo and all
designs, text, graphics, pictures, information and other content (excluding
your content). This property is owned by us or our licensors and it is
protected by U.S. and international copyright laws. We grant you the right to
use it.
However,
unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service;
(ii) modifying or otherwise making any derivative uses of the Service or any
portion thereof; (iii) using any data mining, robots or similar data gathering
or extraction methods; (iv) downloading (other than page caching) of any
portion of the Service or any information contained therein; (v) reverse
engineering or accessing the Service in order to build a competitive product or
service; or (vi) using the Service other than for its intended purposes. If you
do any of this stuff, we may terminate your use of the Service.
Hyperlinks and Third Party
Content
You
may create a hyperlink to the Service. But, you may not use, frame or utilize
framing techniques to enclose any of our trademarks, logos or other proprietary
information without our express written consent.
Vanguard
I.T.
makes no claim or representation regarding, and accepts no responsibility for
third party websites accessible by hyperlink from the Service or websites
linking to the Service. When you leave the Service, you should be aware that
these Terms and our policies no longer govern.
If
there is any content on the Service from you and others, we don't review,
verify or authenticate it, and it may include inaccuracies or false
information. We make no representations, warranties, or guarantees relating to
the quality, suitability, truth, accuracy or completeness of any content
contained in the Service. You acknowledge sole responsibility for and assume
all risk arising from your use of or reliance on any content.
Dispute Resolution
THE
SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE
BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY
AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN)
WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY
REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN
NO EVENT WILL Vanguard I.T. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR
CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL
CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE
AMOUNT YOU PAID TO Vanguard I.T.. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY
REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
You
agree to defend, indemnify and hold us harmless from and against any and all
costs, damages, liabilities, and expenses (including attorneys' fees, costs,
penalties, interest and disbursements) we incur in relation to, arising from,
or for the purpose of avoiding, any claim or demand from a third party relating
to your use of the Service or the use of the Service by any person using your
account, including any claim that your use of the Service violates any
applicable law or regulation, or the rights of any third party, and/or your
violation of these Terms.
Copyright Complaints
We
take intellectual property rights seriously. In accordance with the Digital
Millennium Copyright Act ("DMCA") and other applicable law, we have
adopted a policy of terminating, in appropriate circumstances and, at our sole
discretion, access to the service for users who are deemed to be repeat
infringers.
Governing Law
The
validity of these Terms and the rights, obligations, and relations of the
parties under these Terms will be construed and determined under and in
accordance with the laws of the State of California, without regard to
conflicts of law principles.
Jurisdiction
You
expressly agree that exclusive jurisdiction for any dispute with the Service or
relating to your use of it, resides in the courts of the State of California
and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California located in Los
Angeles in connection with any such dispute including any claim involving
Service. You further agree that you and Service will not commence against the
other a class action, class arbitration or other representative action or
proceeding.
Termination
If
you breach any of these Terms, we have the right to suspend or disable your
access to or use of the Service.
Entire Agreement
These
Terms constitute the entire agreement between you and Vanguard I.T.
regarding the use of the Service, superseding any prior agreements between you
and Vanguard I.T. relating to your use of the Service.
Feedback
Please
let us know what you think of the Service, these Terms and, in general, No Dining Curves. When you provide
us with any feedback, comments or suggestions about the Service, these Terms
and, in general, No Dining Curves, you
irrevocably assign to us all of your right, title and interest in and to your
feedback, comments and suggestions.
Questions & Contact
Information
Questions
or comments about the Service may be directed to us at the email address support@vanguardinfotech.com.