Terms of Service
By using the site or mobile applications, you’re agreeing to these terms.
As a user (“You,” “Your”) of the services (“Services”) and visual or verbal information (“Content”) provided by Su Chef, Inc. (“Us,” “Our,” “We”), its users (“User Content” or “User Generated Content”) or partners from whom we may license data or content (“Partner Content” or “Third Party Content”), including but not limited to the Su Chef website at http://www.su-chef.com, the firstname.lastname@example.org email address and the mobile applications created by Su Chef, you are agreeing to be bound by the following Terms and Conditions (“Terms of Service” or “Terms”).
You are responsible for any consequences of violating these terms
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Su Chef may suffer) of any such breach. If you have created an Account or contributed Content (“Your Content”) to Su Chef, you recognize that violation of these Terms may result in termination of your account and loss of access to Your Content contributed to Su Chef.
The failure of Su Chef to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may modify these terms without explicit notice
These Terms of Service apply to all current features and to new features that are added to the existing Service.
Su Chef reserves the right to modify these Terms of Service without explicit notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for reviewing our current Terms of Service.
Content may not be accurate, use at your own risk
Su Chef makes no claim of accuracy of any User Generated Content or Third Party Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. User Content and Third Party Content do not represent the advice, views, opinions or beliefs of Su Chef. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of such websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Su Chef. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may encounter inappropriate content
By accessing the Service or following links to third-party websites you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Su Chef does not endorse and reserves the right to remove such Content, you acknowledge and agree that Su Chef cannot be responsible for such Content and that you nonetheless may be exposed to such materials.
Content may be protected by copyright laws
Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the person providing that content to Su Chef (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Su Chef or by the owners of that content, in a separate agreement.
Content may be stored or transmitted by third party vendors
Su Chef uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
The technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You are responsible for your mobile carrier’s fees
The Su Chef Service includes certain services that are available via your mobile phone. You are responsible for any fees charged by your mobile carrier for using Mobile Services, including but not limited to SMS messages sent to and received from Su Chef.
You must create an account and provide accurate information
To create an Account, you may be required to provide information about yourself (such as an email address). You agree that any registration information you give to Su Chef will always be accurate, correct and up to date. You must not impersonate someone else or provide an email address other than your own.
You are responsible for your account security and activity
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation.
You will be held responsible for all Your Content posted and all activity that occurs under your account.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are responsible for whatever you post and may not be able to take it back.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
By submitting or posting Content to Su Chef, while you retain intellectual property rights to Your Content, you understand that you may not be able to remove or edit your content within Su Chef. While we will make a reasonable effort to enable you to edit or remove content, the public, indexed nature of Su Chef makes it impossible to guarantee that content can be removed or changed entirely.
Only contribute content that’s yours
All content posted on the Service must comply with U.S. copyright law. You represent and warrant that (i) you own or otherwise possess all rights to Use your User Submissions; (ii) you have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information; (iii) you are authorized to grant all of the rights described in the Su Chef Terms of Service; and (iv) the use of your User Submissions as contemplated by this Agreement will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.
If you do not have the right to submit Content for such use, it may subject you to liability. Su Chef will not be responsible or liable for any use of your Content by Su Chef in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your content always belongs to you
We claim no intellectual property rights over the material you provide to the Su Chef service. You retain copyright and any other rights you may rightfully hold in any Content which you submit, post, or display on or through the Service. Content you contribute to Su Chef remains yours to the extent that you have any legal claims therein.
By contributing it, you grant Su Chef rights to display and use it
By submitting, posting or displaying Content on or through the Services, you grant Su Chef a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sublicense and transfer) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with the Su Chef Service or promotional materials. Su Chef may, but need not, attach any rights of attribution or moral rights to the contributed Content.
Your content may be modified
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Additionally, your Content may be modified in order to meet quality guidelines in user experience such as correcting misspellings, removing profanity or meet editorial standards as defined by Su Chef.
You are at least 13 years of age
To access certain features of the Service and to contribute Your Content to Su Chef, individuals 13 years of age or older may create an Account of behalf of themselves or a business. You must be 13 years of age or older to create an account at Su Chef.
Removal of Content and Account Termination
We reserve the right to remove content and accounts
Su Chef, in its sole discretion, has the right to remove content and suspend, terminate or deactivate your account at any time, without notice and without liability, for any reason, including but not limited to violation of Terms of Service, infringing on Intellectual Property and inactivity. We reserve the right to reclaim any username created by a Su Chef user on behalf of businesses or individuals that hold legal claim or trademark on that username.
We reserve the right to monitor and review Your Account, Your Content and your activity for compliance with these Terms of Service. We may terminate or suspend your account or ability to use the Service if you breach the Terms of Service, and we may remove any Content that unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Su Chef customer, employee, member, or officer may result in immediate account termination.
You may deactivate your account, but contributed content may remain
You may request to deactivate your account at any time by contacting Su Chef. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service, but may continue to display Your Content, particularly as it involves others (e.g., if you rated a menu item that other users have commented on and augmented).
Access to your content is not guaranteed
Termination, suspension or deactivation could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information. Upon termination, suspension or deactivation, you retain ownership of Your Content you’ve contributed or created, but access to Your Content within Su Chef may be restricted. We have no obligation to retain or provide you with copies of Your Content. You are responsible for backing up and archiving your content.
Copyright Notification Process
We care about legitimate copyright infringement
It is Su Chef’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
To file a claim of infringement, please use the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Service) to send a notice — including (1) the location of the copyrighted work described in sufficient detail so that we may find it on the Service, (2) a link to the original location of the content in question, (3) adequate contact information for us to contact you promptly (phone number and email address is preferred), (4) the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,” and (5) a digital or physical signature — to the following address:
Attn: Copyright Infringement
1301 S. Fern St. Suite# 2311
Arlington, VA 22202
Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys’ fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Do not use the Service for any illegal purposes
You agree that you will not, and will not assist or enable others to:
- Use the Service to submit or transmit pornography or illegal content;
- Use the Service to share photos of people without their permission;
- Use the Service to solicit personal information from minors or to harm or threaten to cause harm to minors;
- Use the Service to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Service;
- Use the Service to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- Use the Service in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- Use the Service for keyword spamming or to otherwise attempt to manipulate natural search results;
- Use the Service to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Use the Service for any illegal or unauthorized purpose (international users agree to comply with laws in their jurisdiction regarding online conduct and acceptable content);
- Use the Service in violation of the Terms of Service.
Do not violate the Service or its security
You agree that you will not, and will not assist or enable others to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Su Chef;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of Su Chef;
- Transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Remove or modify any copyright, trademark or other proprietary rights notice on the Service or on any materials printed or copied off of the Service;
- Record, process, or mine information about other users;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service or any Service Content except as permitted by robots.txt;
- Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Su Chef’s technology infrastructure;
- Access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers);
- Engage in any activity that interferes with or disrupts the Service;
- Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes;
- Access, tamper with, or use non-public areas of the Services, Su Chef’s computer systems, or the technical delivery systems of Su Chef’s providers;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
Copyrights and Trademarks
Trademarks and the site design belong to Su Chef
Unless you have agreed otherwise in writing with Su Chef, nothing in the Terms gives you a right to use any of Su Chef’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The look and feel of Su Chef is copyright Â© 2012-2013 Su Chef. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Su Chef.
Su Chef and the Su Chef logo are trademarks of Su Chef.
Feedback and Dissatisfaction
Feedback is welcome, but we cannot offer other recourse
If you are dissatisfied with the Service, please provide feedback through the provided feedback mechanisms. Your only other remedy with respect to any dissatisfaction with (i) the Service, (ii) the Terms of Service, (iii) any policy or practice of Su Chef in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate the Terms of Service and your account.
Disclaimer of Any Warranty
We can change or discontinue the Service at any time
Su Chef reserves the right to modify, update, place limits on, charge for or discontinue the Service or aspects of the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We make no promises
You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided “AS IS” and “AS AVAILABLE.” in particular, Su Chef does not represent or warrant to you that:
- Your use of the Service will meet your requirements or needs;
- Your use of the Service will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Service will be accurate or reliable, including but not limited to business information and rankings;
- That defects in the operation or functionality of any software provided to you as part of the Service will be corrected;
- Any content or software available at or through Su Chef is free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Su Chef or through or from the Service shall create any warranty not expressly stated in the terms.
Su Chef further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
Our liability is limited
You expressly understand and agree that Su Chef and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Inaccurate information
- Communications or dealings with any of the business or users of the Service
- Any changes which Su Chef may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service;
- Your failure to provide Su Chef with accurate account information;
- Your failure to keep your password or account details secure and confidential;
- Any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
- Any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the Service.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
The limitations on Su Chef’s liability to you shall apply whether or not Su Chef has been advised of or should have been aware of the possibility of any such losses arising.
Su Chef’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Su Chef in connection with the Service in the 12 months prior to the action giving rise to liability or (ii) $100.00.
You agree to defend, indemnify and hold harmless Su Chef and its subsidiaries, agents, managers, partners, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 Service, including any data or content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any country; (v) any claim or damages that arise as a result of any of Your Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another user in-person or to locate and/or visit any offline place or event.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Arlington County, Virginia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The terms “We”, “Us”, “Service” and “Su Chef” refer to the Su Chef Service. The terms “You” and “Your” refer to you, as a user of any of the Su Chef Service. The term “Personal Information” and “Your Information” means information that you provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information. “Your Public Content” refers to the information that you submit or post to the Su Chef Service for public display, such as a menu items, restaurant information, reviews, photos, and your public profile information, including your public name (your “Display Name”).
Information Collection and Use
Our primary goal in collecting Personal Information is to provide you with a personalized, useful, and efficient experience. We collect the following types of information from our users:
If you create an account to take advantage of the full range of services offered on the Su Chef Service, we ask for and record Personal Information such as your email address. Your Personal Information will not be visible to other users.
Your Public Content
By submitting Your Public Content to Su Chef, including your public profile information such as your Display Name, you recognize that we store and may publicly display Your Public Content, along with your Display Name, in order to provide the services that we offer.
If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication.
We record information relating to your use of the Su Chef Service, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Su Chef Service and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Su Chef Service. You cannot be identified from this aggregate information.
When you sign into Su Chef, we use your approximate physical location (based on the Internet Protocol address of your computer or your Current Location, should you choose to provide it, via your mobile device) to provide more relevant suggestions to you.
We send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Service. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Su Chef Service may not work properly or at all.
Transfer of Information
We may distribute Your Public Content to third parties, as permitted pursuant to our Terms of Service. The third parties may in turn publicly display or publish Your Public Content in connection with their own websites and media platforms. When we distribute Your Public Content to third parties, we typically include your Display Name (but not your Personal Information unless you include your Personal Information in Your Public Content). We may share your Personal Information with third parties to provide you with services that we offer through Su Chef Service, conduct quality assurance testing, facilitate creation of accounts, provide technical and customer support, or provide specific services, such as synchronization of your contacts with other software applications, in accordance with your instructions. These third parties are required not to use your Personal Information other than to provide the services requested by you.
We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.
We may use third party advertising companies to serve ads when you visit the Su Chef Service. These companies may use information about Your Public Content (not including your name, address, email address, or telephone number) and Activity related to your use of the Su Chef Service to provide advertisements about goods and services of interest to you.
You may choose to provide us with another person’s e-mail address so that person may be invited to create an account on our website or mobile applications. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person’s e-mail address, you represent to us that you have obtained the consent of the person concerned as regards such disclosure to us of their Personal Information. We may disclose such information if required to do so in order to comply with legal process, as described above.
The Su Chef Service may contain links to third party websites to which we have no affiliation. Except as set forth herein, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
Controlling Your Personal Data
To the extent you include Personal Information in Your Public Content (such as a photo of yourself), third parties may be able to identify you, associate you with your user account, and contact you. Please do not include information in Your Public Content that you expect to keep private.
Third parties can also associate you with your user account using the user search and browse features of the Su Chef Service, which display Your Public Content. Third parties can only find you using your Personal Information if they know this information in the first place.
You may request to deactivate your account at any time by contacting Su Chef. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service. Public Content that you have contributed to Su Chef prior to account deactivation (such as menu item ratings) may continue to be displayed. We may still retain your Personal Information and Your Public Content in our systems. Registered users who wish to close their account should contact us at email@example.com.
Your account is password protected. We use industry standard measures to protect the Personal Information that is stored in our database. Your password will never be visible to members of the Su Chef team. We are very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your Personal Information will never be disclosed.
You hereby acknowledge that Su Chef is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
We use your email address to send you updates and news and to notify you on behalf of other users. Your email address and Personal Information will not be displayed publicly.
Membership policy for children.
Our Service and the services available through Su Chef are not intended for children under the age of 18. Su Chef does not knowingly or specifically collect information about children under the age of 18 and believes that children of any age should get their parents’ consent before giving out any Personal Information.
Questions or Concerns
If you have any questions or concerns regarding privacy, please contact us at firstname.lastname@example.org. Your privacy is important to us and we will make every effort to resolve your concerns.