Last Updated: September 18th, 2024
Introduction
Privacy Policy
Account Creation; Risk of Loss
Use of Account; Prohibited Actions
Proprietary Rights
User Content
Security
Third-Party Websites
Indemnification
Disclaimers
Limitation of Liabilities
Release
Claims of Infringement
Termination
Severability
Notice of Arbitration Provision and Waiver of Jury Trial
General
Contact Us
Introduction
We’re FeastPass – your guide to discovering your city, one bite at a time. Welcome! You’ve reached a domain, website, subdomain, application or portal (collectively, the “Site”) owned and operated by FeastPass Inc., (“FeastPass,” “we,” “our,” or “us”). When we say “you” or “yours,” we mean the person accessing or viewing our Site or participating in or using any service offered on this Site (collectively, the “Services”), or if you are using the Site or Services on behalf of a company or organization, then we also mean your company or organization. By using the Site or the Services, you agree to these Terms of Service (“Terms of Service” or “Terms”).
Please read these Terms of Service carefully. They constitute our legal agreement with you.
These Terms lay out our respective rights and obligations – because we have rights we need to enforce, and because you can decide not to use our Site or Services if you don’t agree to our Terms.
From time to time, we may decide to modify, add, or delete portions of these Terms and will post those changes here. If we do so, your continued use of the Site or the Services after those changes have been made means you agree to the changes. The amended Terms will automatically become effective when they are posted on this Site. In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which
includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.
Privacy Policy
At FeastPass, we are committed to privacy and security, and to providing the best possible user experience for our users. Please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms and forms a part of our agreement.
You understand that through your use of our Site or the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.
TL;DR: If you tag us, we can use your photos and videos, and you, not us, are responsible for any bad stuff you do on the Site or in the App. In our arbitration provision, there is a waiver of jury trial below because we are a young company, and we don’t have the resources to spend our time in court. We are heads down on bringing you a kickass experience like no other.
Account Creation; Risk of Loss
If you wish to use our Services, we may require you to first create an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update your information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. FeastPass will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will stop using the Site and any information obtained from the Site.
Use of Account; Prohibited Actions
FeastPass reserves the right to refuse service, cancel your account or access, or remove or edit content, in its sole discretion. You agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to either civil or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Site by any means other than through a commercially available web browser or application. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or FeastPass systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage or otherwise disable FeastPass or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.
Proprietary Rights
Basically, you can share our posts for personal use, but the fact that they come from FeastPass should be preserved by either a link, tag (@feastpass and @feastpassatx) or hashtag (#feastpass, #feastpassATX) – and you can’t pass off our photos, videos, or other content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (our “Content”) as your own. You acknowledge that this Site contains such Content, and that the rights mentioned above are valid and protected in all forms, media, and technologies existing now and developed later. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, FeastPass or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws.
That means you may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You can print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site.
The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without FeastPass prior written approval.
For permission to use Content from this Site or from marketing material authored and distributed by FeastPass for non-personal use, you must request written permission in advance and provide full attribution. Permission should be requested by contacting content@feastpass.com.
User Content
You should know that the transmission of confidential, sensitive, privileged and/or financial information via email or via webforms is not secure. Unless specifically requested, FeastPass
does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact forms made available on the Site or App). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, videos, graphics, recordings, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). Accordingly, if you send FeastPass any User Content (including by hashtagging or tagging us on third party sites, such as social media sites), you grant FeastPass a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) any such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments or reviews to the Site, you also grant us the right to use the name or username that you submit with any review, photo, video, comment, or other content, in connection with such review, comment or other content. If you send FeastPass any User Content, you also warrant that the User Content is not confidential or secret and that the User Content is owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize FeastPass to use the User Content as permitted by the license in this Section.
You agree not to provide User Content that:
Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party’s right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content, including reviews, comments or other content. We are not obligate to use your User Content, and we do not guarantee any confidentiality with respect to any User Content. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason. The obligations that you have to us under these Terms shall survive termination of the Site, App, or Services, any
use by you of the Site, App, or Services, as well as any User Content uploaded or sent through the Site or App, or the termination of these Terms.
Security
Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
Third Party Websites
The Site may contain links to third-party websites that take you outside of the FeastPass site and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
Indemnification
You agree to defend, indemnify, and hold harmless FeastPass, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site.
Disclaimers
FEASTPASS MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. FEASTPASS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL FEASTPASS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF FEASTPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FEASTPASS AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW FOR THE LIMITATION OF LIABILITIES AS SET FORTH ABOVE, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FEASTPASS STILL RESERVES ITS RIGHTS TO THE FULLEST EXTENT OF THE LAW.
Release
If you have a dispute with one or more users (vendors included) off or on the Site or affiliated with our Services, you release FeastPass (and its officers, directors, affiliates, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Claims of Infringement
FeastPass respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, FeastPass will respond expeditiously to notices of alleged copyright infringement that are duly reported to the email address identified below. FeastPass will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FeastPass with the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to FeastPass at: legal@feastpass.com
While FeastPass considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing.
Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Termination
FeastPass reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. FeastPass also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.
Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
Notice of Arbitration Provision and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any and all disputes relating to or arising from the Terms of Use or the Privacy Policy, including disputes regarding the validity of this arbitration clause, shall be settled by a single arbitrator in arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Austin, Texas. The arbitration shall be governed by the laws of the State of Texas. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. This agreement to mediate and/or arbitration is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. The client should carefully consider this and other provisions of these Terms and Privacy Policy and has the right to consult legal counsel regarding this provision.
General
These Terms of Use will be governed by the laws of the State of Texas, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Austin, Texas. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. FeastPass may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use.
Nothing in this Agreement constitutes a partnership or joint venture between you and FeastPass. FeastPass does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. FeastPass’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and FeastPass and supersede anything not in writing and signed by both parties. Any provision of these Terms that was, by its nature, intended to survive any termination or expiration of these Terms shall so survive.
Contact Us
If you have questions about these Terms or the Services, you may contact us at legal@feastpass.com.
We hope you enjoy your visit to FeastPass and its affiliated platforms. You’ve got a FEAST to conquer and a city to eat. Skål!