MustHaveMenus.com Terms of Use

I. Basic Agreement
By becoming a MustHaveMenus.com member, you agree that you understand and will abide by all of our Terms of Use.

II. Basic Definitions
The MustHaveMenus website ("Site") is a subscription-based service that provides downloadable digital artwork, photos, templates, tips and tutorials ("Content"), and design and layout tools ("Tools"), for use by its paid subscribers ("Members"). In some cases, new Members may register for the Site through a limited trial ("Trial Period") for free or at nominal expense. The Site and Content are the wholly-owned property of MustHaveMenus.com's parent company, Letters and Arts, Inc., and are subject to U.S. and international copyright protection laws.

III. Requirement to Be in Good Standing
This Terms of Use Agreement was created to grant Usage Rights ("Rights") to Members who are in good standing. Here are the requirements to be in good standing:
a. Be a past or present account holder with a valid username and password at MustHaveMenus
b. Not be using our Content for any illegal or banned purpose
c. Not be in violation of these Terms of Use
Letters and Arts, Inc. reserves the right to refuse or revoke some or all membership privileges to anyone not meeting these requirements, and to seek all legal remedies necessary to protect its copyrights and intellectual property.

IV. Trial Period Usage Limitations and Cancellation Requirement
The purpose of the Trial Period is to allow Members to explore Site Content and Tools prior to being billed. It is the Member's responsibility to cancel membership during the Trial Period, before the Trial Period expiration date shown on the Member's MyHome page. By not canceling, Member agrees to the charge shown in the Trial Period registration process. (To cancel, login and goto MyHome, then click on the Cancel link. Or email a cancel request to Cancel@MustHaveMenus.com. )

Other requirements and limitations applicable to the Trial Period include:
a. To activate the Trial Period, the Site requires a credit card and will attempt to authorize a nominal charge (usually $1) to validate form of payment. This nominal charge will be released.
b. Site operators reserve the right to change the length of Trial Periods so long as it does not cause unexpected early charges to current Trial Period Members.
c. As advertised on Site, Content downloads are limited during the Trial Period. Site operators reserve the right to change the allowable limit.
d. Some Content and Tools may, at the Site owner's discretion, be unavailable during the Trial Period.

V. Subscription Term and Renewals
The MustHaveMenus subscription term is one year following activation of a full membership. For member convenience and to ensure that member access to MustHaveMenus remains uninterrupted, we will automatically renew your subscription at the expiration of the then-current term. If you paid for the subscription with your credit card, we will charge your card on file for the cost of another subscription term at the then-current rate using the information you previously provided us. You will not be notified in advance of your impending renewal. If you wish to cancel your automatic renewal, you may do so by sending an e-mail to Contact@MustHaveMenus.com. Once your message is received, the automatic renewal will be disabled.

VI. Personal Usage Rights - Including Restaurants & Caterers
All Members are granted a non-exclusive, royalty-free license to use the Content for any personal, restaurant, catering, charitable or non-commercial purpose, such as menus, invitations, brochures, newsletters, personal or restaurant websites, restaurant websites, and other not-for-resale items.

VII. General Content Restrictions
The following restrictions apply to ALL Members:
a. Content shall not be used in any way that competes with MustHaveMenus.com or Letters and Arts, Inc.
b. Content shall not be resold or distributed in its original form, or in a form that might be confused with the Content itself.
c. Content shall not be published on web pages that display advertising to generate revenue.
d. Content shall not be sold, used or displayed in any way that encourages third parties to download, save, or use Content as clip art, stock photos or printable templates.
e. When used in print, Content shall not exceed 50,000 printed pieces without written permission from Letters and Arts, Inc. (NOTE: restaurant or catering business web page impressions can be unlimited.)
f. Content use shall not constitute an obscene work as defined by the Federal Government.

VIII. Limited Commercial Rights - Professional Membership
Members who purchase or upgrade to a Professional Membership are granted a non-exclusive, royalty-free license to use the Content for commercial gain within the limitations of Section IX (Commercial Rights Restrictions) of this Terms of Use. Ownership and copyrights of Content shall at all times remain with Letters and Arts, Inc.

Acceptable commercial uses for Professional Members include:
a. Commercial printing, web or graphic design service bureaus.
b. Food packaging and culinary supply labels.
c. Manufactured or commercial specialty products, such as crafts, calendars, and papers.
d. Use in printed book or electronic book form to illustrate related concepts, so long as the illustrations do not constitute a majority of the work.

IX. Commercial Rights Restrictions
No Commercial Rights are granted during a Trial Period. Professional Users must be fully paid subscribers before Commercial Rights apply. Also, the following commercial uses are not permitted except by separate written agreement with Letters and Arts, Inc.:
a. Anything that violates our General Content Restrictions (Section VII)
b. All commercial television, film, or video
c. Print distribution over 50,000 printed pieces
d. All commercial cell phone or wireless device uses.
e. Content downloaded during Trial Period MAY NOT be used for any commercial purpose.
If you have questions about our rights restrictions or would like to inquire about a special license, please contact Contact@MustHaveMenus.com

X. Copyright Acknowledgement/Link Exchanges
For all uses, we request and appreciate a copyright acknowledgement of the form: Images (c) MustHaveMenus.com. Recommended placements for acknowledgements include:
a) On website with a link back to www.MustHaveMenus.com.
b) On the Product itself
c) Product packaging
d) Product promotional materials
For questions about Link Exchanges, please contact Contact@MustHaveMenus.com.

XI. Site Usage Rights
All Members may use the Site to browse, search, and download Content at any time during their period of active membership. They may also use the Tools to create personalized designs.

XII. Site Usage Restrictions
Crawlers, spiders, programmable scripts or other automated technologies may not be used to browse, search or download images. To protect against abuse, downloads may not be in excess of 100 images per day per Member.

XIII. Rights and Access Privileges Do Not Transfer
MustHaveMenus Members are not allowed to transfer, share, trade, or sell their membership Rights.

XIV. LIMITATION OF WARRANTY AND LIABILITY
LETTERS AND ARTS, INC. MAKES NO WARRANTIES AS TO THE FITNESS, CORRECTNESS, RELIABILITY, OR MERCHANTABILITY OF THE CONTENT OR SITE FOR A PARTICULAR PURPOSE. LETTERS AND ARTS INC. PROVIDES NO ASSURANCES OR WARRANTIES THAT THE SITE OR CONTENT WILL BE FREE FROM ERRORS, OMISSIONS, INCOMPATIBILITIES, INTERRUPTIONS, OR VIRUSES OR OTHER RISKS COMMONLY ASSOCIATED WITH THE USE OF COMPUTERS, SOFTWARE OR THE INTERNET. LETTERS AND ARTS INC. HAS NO OBLIGATION TO SERVICE OR REMEDY ANY ASPECT OF THE SITE OR THE CONTENT; AND HAS NO OBLIGATION TO ASSUME THE COSTS OF REPAIRS OR SERVICE TO USERS' HARDWARE, SOFTWARE, OR OTHER EQUIPMENT IN THE EVENT OF ANY CLAIMS OF DAMAGES.

IN NO EVENT WILL LETTERS AND ARTS INC., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF LETTERS AND ARTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XV. JURISDICTION
ALL CLAIMS RELATED TO THESE USAGE TERMS SHALL BE HEARD IN THE COUNTY OF JACKSON AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON.

If you have any concerns or questions about our Terms of Use, please contact us at Contact@MustHaveMenus.com.



All Suggestions, Billing and Site Questions: Contact@MustHaveMenus.com

MustHaveMenus.com
Letters and Arts, Inc.
600 Siskiyou Blvd
Ashland, Oregon 97520