MustHaveMenus Terms of Service
Updated: May 2018
Welcome to MustHaveMenus! Our bundle of services are used to design, print, and publish restaurant menus and related marketing materials. Our professional print services work with the thousands of MustHaveMenus templates, as well as uploaded files from other design applications. We aim to provide the quality of materials, craftsmanship and handling that you'd expect from a top-notch printer. Our service also includes powerful menu publishing to social media sites, search engines and local business directories. Our goal is to help your restaurant grow while saving you time, money and hassle.
By using our services, you are agreeing to these Terms. Please read them carefully. Our services are constantly evolving and we may update these Terms from time to time, so please check back for changes that may impact you.
1. Basic Definitions
The services ("Services") are provided by MustHaveMenus Inc. ("MustHaveMenus"), with offices in Ashland, OR. The MustHaveMenus website ("Site") is a service for use by registered users ("Account Holders"). The Site and Services are the wholly-owned, copyrighted property of MustHaveMenus Inc. ("Company"), and are subject to U.S. and international copyright protection laws. MustHaveMenus is trademarked.
2. Requirement to Be in Good Standing
Usage rights ("Rights") are granted to Account Holders who have an active (not cancelled) account with a valid username and password at MustHaveMenus.com. The Company may revoke privileges to anyone it believes is abusing the Site, as well as seek legal remedies necessary to protect its copyrights and intellectual property. The Company also reserves the right, at its sole discretion, to refuse or cancel service to anyone it deems to be creating offensive material.
4. Refunds & Pricing
We want you to be happy with MustHaveMenus. If something's not right for you, chat with us and we'll make it right. If we make an error, we will fix it or refund your money. We take no responsibility for errors in printed pieces due to your data entry or content use. Check all files for content and graphics before final printing.
We reserve the right to raise or lower our prices or to offer special discounts. If your account is affected by a price change, you will be notified and given the opportunity to cancel or upgrade.
5. Content license from MustHaveMenus
All Account Holders may use the Services to create business Content in the form of menus, flyers and other promotional materials, and are hereby granted a non-exclusive, royalty-free license to use the Content for any restaurant, small business use, personal or charitable purpose. When Services are cancelled or interrupted for any reason, Account Holders may continue to use any part of the Content that doesn't require ongoing access to the Services, e.g. printed menus. Certain stock images and graphics available in our Menu Maker and Promo Maker may be subject to their own licensing restrictions not covered by this Terms of Service. Account Holders will need to consent to those licensing requirements separately when appropriate.
6. Content Submissions from Account Holders
By uploading or entering content, including menu copy, designs, names, prices, logos, marketing graphics, food photos, ideas, concepts, or any other type of content (collectively "Your Content"), in the ordinary course of using the Services, you hereby grant and, where applicable, warrant that the owner of such content or intellectual property has expressly granted MustHaveMenus and its customers and partners a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and publicly display Your Content in any manner. The intent of this grant is to enable the Company to successfully deliver our full range of business printing and publishing services, as well as for Company promotional purposes.
By uploading your Content to the Services, you warrant that you have all necessary licenses and permissions to use and share your content and the rights necessary to grant the licenses in these terms.
You will indemnify us from any claim, demand, loss, or damages, including reasonable attorney's fees, arising out of or related to Your Content, your use of the Services or your violation of these terms.
It is the Company's absolute policy to reject any materials which, at the Company's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
7. Rights and Access Privileges Do Not Transfer
MustHaveMenus Account Holders are not allowed to transfer, share, trade or sell their usage Rights.
8. Additional Users
Each Account may only be used by one Account Holder or single individual. A single login shared by multiple users is strictly prohibited. Businesses or groups must create separate accounts with unique logins for each user or contact customer service to discuss Enterprise license options.
9. Limitation of Warranty and Liability
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
MustHaveMenus makes no warranties as to the fitness, correctness, reliability, or merchantability of the Services, Content, or Site for a particular purpose. MustHaveMenus provides no assurances or warranties that the Site or Services will be free from errors, omissions, incompatibilities, interruptions, or other risks commonly associated with the use of computers, software, or the Internet. MustHaveMenus has no obligation to service or remedy any aspect of the Site or Services. WE PROVIDE THE SERVICE "AS IS".
MustHaveMenus also makes no warranties about the reliability or capabilities of its publishing partners on social media or the internet. Partner websites and policies, third party software stability, and internet connection speeds are out of our control.
IN NO EVENT WILL MUSTHAVEMENUS 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 SERVICES, EVEN IF MUSTHAVEMENUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability in any matter arising out of or related to these terms is limited to USD $50 or the aggregate amount that you paid for access to the Service during the three month period preceding the event giving arise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions of this Section apply to the maximum extent permitted by law.
10. About These Terms
We may modify these terms, or add additional terms, at any time to better reflect changes to laws, our Services or our business practices. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll make reasonable efforts to post notices of significant modifications to the terms on our website or in email notices to Account Holders. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms constitute the entire agreement and control the relationship between MustHaveMenus and you. They do not create any third party beneficiary rights.
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 there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.