Terms of Use

Last Modified: 04-27-2020

Acceptance of these Terms of Use

Welcome to the application/website of Oneloa Ventures, LLC, providers of the POPDISH™ service (hereinafter referred to as “PopDish,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the application (the “App”) for personal digital devices, including any content, functionality and services offered on or through popdish.io (the “Website”).  The App and Website may be collectively referred to as the “Services”.

Please read the Terms of Use carefully before you start to use the App or view our Website. By using the app or Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Services.

This Website is offered and available to users who are 18 years of age or older, reside in the United States of America, and are accessing the Services from within USA. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the App or Website.

Permitted Use of the Services

Subject to these Terms of Use, you may use the Website for your personal, non-commercial use only.  If you breach these Terms of Use, your right to use the Website will cease immediately.

Interaction of the Services with your Computer or Device

Your use of the Services may permit the Services to use your location and other Information you provide to us or may be available to us through your computer or digital device or its applications. We use that to us help you, such as by displaying nearby restaurants, food providers, and dishes they serve, and providing maps or directions to locations.

Contributing Pictures, Reviews and Information and Materials to Us

The Services will typically permit you to contribute food reviews, pictures of food dishes, and related Information and Materials to us. By contributing any of that to us you represent and warrant that:

• The information you contribute is authored by you, and represents your views and opinions genuinely held, and you are contributing the same for no illegal, improper, or malicious purpose.
• You are the author and photographer who created or made the photograph, video, or image you contribute or upload to us through the Service.
• You agree and promise that nothing you contribute or upload to us, whether text, photograph, or other Information or Materials, is or will (i) be for any unlawful purposes as contemplated by the purposes of the Services (i.e. to rate food dishes and restaurants and food providers), or (ii) be obscene, immoral, pornographic, discriminatory on the basis of race, religion, ethnic or national origin, gender preference, sexual orientation, political persuasion, disability, age, skin pigment, or any other criteria that is intended or likely to harass, abuse, insult, harm, offend, defame, slander, disparage, intimidate, or discriminate against any individual or group of individuals, or (iii) contain any virus, worm, or contain any code of a destructive or disabling nature either to us and the Services, or to any user of the Services, or (iv) intended or have the effect of soliciting others to perform or participate in any unlawful acts or omissions; or (v) to violate any international, federal, or state regulations, rules, laws, or local ordinances.
• You agree that what you contribute will conform to any content guidelines we may provide.

Our Right to Use What You Contribute

By contributing or uploading to us any Information, image, photograph, or Materials, you irrevocably grant to us a world-wide, perpetual, royalty free, assignable, sublicensable, transferable right to use what you contribute for any purpose, and to alter, edit, prepare derivative works of, and to fully commercialize, republish, translate, remove, analyze, perform, distribute, and publish the same in and through the Services and elsewhere by any means and methods as if we were the owner of the copyright and all rights in and to the same.

Reliance on Information Posted

The information presented on or through the Services (the “Information”) is made available solely for general information purposes.  The Information may provide reviews; opinions; menus; restaurant names, addresses, websites, and phone numbers; and photos, but may be subject to change at any time, both by restaurants or food establishments, or by a user of the Services altering a review or other information.

We do not warrant the accuracy, completeness or usefulness of the Information. We may update the Services from time to time, but we do not warrant that the Information is up-to-date; the Information may be out of date at any given time (for example, because of menu changes), and we are under no obligation to update the Information of any other available through the Services.  Any reliance you place on the Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Services will include content provided by third parties, particularly other users of the Services.  All statements and/or opinions expressed in the materials, and any pictures, audio or video (collectively, “Materials”), available through the Services, are solely the opinions and the responsibility of the user or other person providing those Materials or pictures.  These Materials do not necessarily reflect our opinion. We are not responsible, or liable to you or to any third party, for the content or accuracy of any Materials and pictures provided by you or by any third party.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, with or without notice to you.  All changes are effective immediately when we post them,and apply to all access to and use of the Services thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change as posted on the Services.

Your continued use of the Services following the posting of any revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Availability of the Services

We reserve the right to limit, withdraw, or amend the Services, the Information, and any service or material provided on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time, or in any territory or location.

Advertising

The Services may provide third party and other advertising to you.  You will not alter or interfere or seek to exploit for your commercial gain any such advertising.  We may change advertising and advertisements at any time without notice to you, including the nature and content of the advertising, and the mode and manner of delivery of any such advertising.

Coupons

Coupons available through the Services expire according to their terms (and if not specified then within thirty (30) days), are non-transferable (unless the law otherwise requires), and are not redeemable for cash or any other service or think of value. 

Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to the Information and all software, text, displays, images, photographs, video, and audio, and the design, selection and arrangement thereof), are owned by us, except photographs submitted to us through the Services are owned by the submitter, but irrevocably and unconditionally licensed to us on a perpetual royalty free basis. Photographs provided by restaurant owners and food providers are owned by the restaurant owner, and a non-exclusive, revocable license is granted to us for use in the Services. If at any point the restaurant owner wishes to retract the license and remove photos from the Services, they will notify us by emailing permissions@popdish.io and we will remove the images from the Services within seven business days. Our content is protected by United States and international copyright, trademark, invention rights, trade secret, or other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish Services, except as follows:

• Your computer or personal digital device may temporarily store copies of Materials from the Services in RAM incidental to your accessing and viewing those Materials.
• You may store files that are automatically cached by your Web browser or the App for display enhancement purposes.

If your right to use the Services ceases you must, at our option, return or destroy any copies of the Materials you have made.  No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Your breach of these Terms of Use and may also violate copyright, trademark, intellectual property, and other laws, and may violate criminal laws.

Trademarks

The “POPDISH” mark, logo, and all related marks, logos, and slogans are trademarks of ours, or our affiliates or licensors. You must not use such marks without the prior express written permission from us, which permission may be withheld for any reason or no reason. All other marks, logos, product and service names, designs and slogans shown or referred to by us in the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Services:

• In any way to republish or distribute any Information or Materials available through the Services.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate us or any other user of the Services (including, without limitation, by using telephone numbers, text message addresses, e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or any of the Services or expose them to risk or liability.

In addition, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored or from which the App may be downloaded, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action against you for any wrong doing or breach of these Terms of Use, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or any other information we have about you and your use of the Services. YOU WAIVE AND AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND ATTORNEYS, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LAW ENFORCEMENT INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY SUCH PERSONS, OR LAW ENFORCEMENT AUTHORITIES.

WE HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES OR INTENDED FUNCTIONALITY OF THE SERVICES.

Linking to the Services and Social Media Features

You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You must not:

• Establish a link from any website that is not owned by you.
• Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Services other than the homepage.
• Otherwise take any action with respect to the Materials on this Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Utah in the United States of America.  We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and for violations of these Terms of Use.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DIGITAL DEVICES, COMPUTER PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE SERVICES AND MATERIALS AND INFORMATION OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER TECHLAW VENTURES NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR THEIR CONTENT OR THE INFORMATION OR MATERIALS OBTAINED THROUGH THE SERVICES ARE OR WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, THAT OUR APP, WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR THE MATERIALS OR INFORMATION OBTAINED THROUGH THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF EVERY AND ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, COMPATIBILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS, CONTRACTORS OR ATTORNEYS BE LIABLE TO YOU OR ANY USER OR GROUP OF USERS, OR TO ANY OTHER PERSON, FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO OUR WEBSITE, ANY CONTENT ON THE WEBSITE OR APP OR ANY MATERIALS OR INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE SAME OR THEY ARE DEEMED FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT FURTHER LIMITS OUR LIABILITY TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED ABOVE IN THESE TERMS OF USE.

The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like PopDish, for its actions in publishing third-party content, including consumer reviews.  In addition, anti-SLAPP laws, such as Cal. Civ. Proc. Code  § 425.16 in California, may require you to pay our attorneys’ fees if you attempt to impose such liability on us through legal proceedings.

Indemnification

You agree to defend, indemnify and hold harmless Oneloa Ventures, LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use or your use of the Information or any other information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or of any other jurisdiction).

Any controversy or claim arising out of or relating to these Terms of Use, the breach thereof, or the Services shall be settled by arbitration administered in Salt Lake or Utah County, Utah, USA at a venue we may select, by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

To any extent consistent with the foregoing paragraph, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City and County of Salt Lake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use with our Privacy Policy constitute the sole and entire agreement for use of the Services between you and Oneloa Ventures, LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

This website is operated by Oneloa Ventures, LLC,  770 E. Main Street Suite #346 Lehi, Utah 84043 USA.

We welcome your suggestions.  All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hello@popdish.io