Effective Date of Current Policy: August 21, 2015

DishEnvy Inc. (“DishEnvy”, “we” or “us”) operates the webservice located at www.dishenvy.com and iOS app known as DishEnvy (collectively, “the Service”) The following terms and conditions (the “Terms of Use”) govern your access to and use of the Service.

Please read the Terms of Use carefully before you use the Service. By using the Service, you agree to these Terms of Use, including our Privacy Policy, found at www.dishenvy.com/privacy, without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

Electronic Communication

By using the Service, submitting your email address through the Service, or communicating with us through the Service, you consent to receive communications from us by e-mail or Service notices. Any communications provided to you electronically shall satisfy any legal requirement that such communication be in writing.

Copyright

Images of people, places or products posted on this Service are either the property of DishEnvy, or are used by us with express permission. Unless otherwise noted, all content included on this Service, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of DishEnvy or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Service is the exclusive property of DishEnvy and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Service is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Service only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Service, please contact us at [email protected].

Your Copyright

DishEnvy must be assured that it has the right to use the content that you provide when posting on our Service. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Service, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

Copyright & Trademark Infringement

We take intellectual property infringement very seriously, and if you believe that your intellectual property rights have been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose intellectual property rights have been infringed, if different from your name.
  • The name and description of the intellectual property that is being infringed.
  • The location on our Service of the infringing copy.
  • A statement that you have a good faith belief that use of the intellectual property described above is not authorized by the intellectual property owner (or by a third party who is legally entitled to do so on behalf of the intellectual property owner) and is not otherwise permitted by law.

Please send this notice to us at [email protected] and we will take action as soon as possible.

Trademarks

The DishEnvy name, the term DishEnvy and all related names, logos, product and service names, designs and slogans (the “Marks”) are trademarks of DishEnvy or its affiliates or licensors. You must not use such Marks without the prior written permission of DishEnvy, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Service. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

Limited License to Use Service

You are granted a limited license to use the Service for personal use only. Such grant does not permit you to do any of the following: (1) use the Service or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Service not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Service (including Marks described above) in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Service or to collect any information from the Service or any other user of the Service. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Service, and to block or prevent future access to and use of this Service for any reason or no reason. Upon termination, these Terms of Use will still apply.

Changes to the Service; Disclosure

We further reserve the right to remove, delete, redact or otherwise modify content on the Service, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Subject to the Privacy Policy www.dishenvy.com/privacy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Linking to the Service

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

Links to Other Websites

If the Service contains links to other website and resources provided by third parties, these links are provided for your convenience only. We have no control over the content 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 Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimers of Liability

Restaurant Information

DishEnvy does not warrant, represent, nor guarantee that any restaurant or dish information on our Service is accurate or up-to-date or that any featured restaurant remains in operation or maintains any particular quality. Prior to making any reservation with, placing any order with or visiting any particular restaurant, you are advised to directly contact the restaurant by phone or by other means to check all relevant information including its location and hours of operation. DishEnvy is not liable for any damage incurred arising from information on any restaurant found on the Service. If the information on any restaurant is incorrect, please contact [email protected]

Linked Destination Websites

DishEnvy provides no warranty, representation nor guarantee with respect to third-party websites that are linked from the Service. You shall use any of these websites at your own risk and discretion. DishEnvy shall not be liable for any damage occurring at or arising from any linked destination.

Limitation of Liability.

IN NO EVENT WILL DISHENVY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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 FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless DishEnvy, 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 (1) your use of the Service, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy www.dishenvy.com/privacy, any other terms or rules applicable to the Service, any rights of any other person or entity, or any applicable laws, rules or regulations.

Governing Law

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal or state courts in and for New York County, New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Changes to Terms of Use

From time to time we may revise these Terms of Use to reflect changes in the Service or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of our Service means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the Service by referring to the "Effective Date of Current Policy" at the top of this page.

Entire Agreement

These Terms of Use and the Privacy Policy www.dishenvy.com/privacy constitute the sole and entire agreement between you and DishEnvy with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Waiver and Severability

No waiver by DishEnvy 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 DishEnvy 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.