LICENSED APPLICATION END USER LICENSE AGREEMENT
CHECK RESTRICTIONS ON USE: In somecountries there are restrictions on the use of the Licensed Application. It isyour responsibility to ensure that you are legally allowed to use mifan whereyou are located.
1.Scope of License
This License is a limited, non-exclusive,non-transferable, non-sublicensable license to use the Licensed Application onany mobile device or personal computer that you own or control. You may notdistribute or make the Licensed Application available over a network where itcould be used by multiple mobile devices at the same time. You may not rent,lease, lend, sell, redistribute or sublicense the Licensed Application. You maynot copy (except as expressly permitted by this License), decompile, reverseengineer, disassemble, attempt to derive the source code of, modify, or createderivative works of the Licensed Application, any updates, or any part thereof(unless the foregoing restriction is prohibited by applicable law, or permittedby the licensing terms governing the use of any open sourced components of theLicensed Application, if any). In addition, any commercial copying ordistribution, publication or exploitation of the Site, or any content,software, code, data or materials on or from the Site, are strictly prohibitedunless you have received express prior written permission from us or theapplicable rights holder. Any attempt to do so is a violation of our rights. Ifyou breach these restrictions, you may be subject to prosecution and damages.The terms of the License will govern any upgrades provided by us that replaceand/or supplement our Service, unless such upgrade is accompanied by a separatelicense in which case the terms of that license will govern.
2.Consent to Use of Data
By using the Licensed Application, youunderstand and agree that we may collect and use technical data and relatedinformation, including but not limited to technical information about yourmobile device, system and application software, and peripherals, that isgathered periodically to facilitate the provision of software updates, productsupport and other services to you (if any) related to the Licensed Application.We may use this information to improve our Service.
3.Changes to this License
mifan may make changes to the terms of thisLicense from time to time. mifan willpublish the changes at http://www.EatMiFan.com. The changes will be effectivewhen published. Please review this License on a regular basis. You understandand agree that your acceptance of the terms of this License or your use of theService after the date of publication of varied terms shall constitute youragreement to the updated terms. If you do not agree with the amended terms, youmay terminate your relationship with mifan in accordance with paragraph 4below.
4.1 The License is effective untilterminated by you or us. You may terminate your relationship with mifan at anytime. If you are using our free Service, you may simply cease to use theService or delete our Licensed Application. You can also request that mifandelete your User Account (as defined below). mifan has the right to terminateyour rights under this License without notice if you fail to comply with anyterms of this License. Upon termination of the License, you shall cease all useof the Licensed Application, and destroy all copies, full or partial, of theLicensed Application.
4.2 In addition, mifan has the right toterminate its relationship with you, or may terminate or suspend your use ofthe Service at any time:
4.2.1 if you are in breach of the terms ofthis License;
4.2.2 if mifan reasonably suspects that youare using the Service to break the law or infringe third party rights;
4.2.3 if mifan reasonably suspects that youare trying to unfairly exploit or misuse any of our policies;
4.2.4 if mifan reasonably suspects that youare using any of our products fraudulently or that your "UserAccount" is being used by a third party fraudulently;
4.2.5 if you have purchased mifanapplication (as defined below) from an unauthorized reseller;
4.2.6 immediately, if required due to achange in laws/regulation by a regulator or authority with a lawful mandate inany particular territory, or by any of mifan’s partners;
4.3 mifan shall effect such termination bypreventing your access to the Service, where applicable. We reserve the rightto cancel User Accounts that have been inactive for more than one (1) year.
5.1 Once you have downloaded the LicensedApplication and become a mifan user, you can place online order for free.
5.3 In the course of using the Service, youmay encounter content that may be deemed offensive, indecent, or objectionable.Nevertheless, you agree to use our Service at your sole risk and we shall nothave any liability to you for content that may be found to be offensive,indecent, or objectionable. You agree not to exploit the Service in anyunauthorized way whatsoever, including but not limited to, trespassing orburdening network capacity.
5.4 We make no representation that ourService is available for use in any particular location. To the extent youchoose to access our Service, you do so at your own initiative and areresponsible for compliance with any applicable laws, including but not limitedto applicable local laws. We reserve the right to change, suspend, remove, ordisable access to our Service at any time without notice. In no event will webe liable for the removal of or disabling of access to our Service. We may alsoimpose limits on the use of or access to our Service without notice orliability.
5.5 mifan may automatically check yourversion of the Licensed Application. mifan has no obligation to make availableany updates. However, mifan may (a) require you to download and installupdates; or (b) automatically download and install updates to your device.
5.6 mifan does not consider proposals orideas, including without limitation ideas for new products, technologies,promotions, product names, product feedback and product improvements("Feedback") to be confidential information. If you send any Feedbackto mifan through the Site, social networks or otherwise, you acknowledge andagree that mifan shall not be under any obligation of confidentiality withrespect to the Feedback and nothing in this License limits or restricts mifan’sright to independently use, develop, evaluate, or market products, whetherincorporating the Feedback or otherwise.
5.7 You may link to the Site from anotherwebsite owned by you, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it. You must not establisha link in such a way as to suggest any form of association, approval orendorsement by mifan where none exists. You may not frame the Site on any otherwebsite. mifan may revoke the permission to link to the Site at any time at itssole discretion.
6.1 If you choose to use the Service of mifan,you must install our mifan software and create a User Account by selecting apassword and providing your name so that your MiFan Service can be processed.You are responsible for all activities that occur under your User Account. Youagree to notify mifan immediately of any unauthorized use of your User Accountor any breach of security with respect to your User Account. mifan will not beliable for any loss that you may incur as a result of someone else using yourUser Account, either with or without your knowledge. In addition, you may beheld liable for any losses incurred by us or another party due to someone elseusing your User Account. Therefore, we recommend that you choose a passwordthat is hard to guess and consists of letters, numbers and symbols. mifan takesno responsibility for your failure to comply with the obligations in thisparagraph.
6.2 You may not:
6.2.1 intercept or monitor, damage ormodify any communication which is not intended for you;
6.2.2 use any type of spider, virus, worm,trojan-horse or any other codes or instructions that are designed to distort,delete, damage, emulate or disassemble the Service;
6.2.3 send unsolicited communications (alsoreferred to as "SPAM", "SPIM" or "SPIT") or anycommunication not permitted by applicable law or use the Service for thepurposes of phishing or pharming or impersonating or misrepresentingaffiliation with another person or entity;
6.2.4 expose any third party to materialwhich is offensive, harmful to minors, indecent or otherwise objectionable inany way;
6.2.5 use the Service to cause or intend tocause embarrassment or distress to, or to threaten, harass or invade theprivacy of, any third party;
6.2.6 use (including as part of your nameand/or profile picture) any material or content that is subject to any thirdparty proprietary rights, unless you have a license or permission from theowner of such rights;
6.2.7 collect or harvest any personallyidentifiable information, including account names, from the Service; or
6.2.8 impact or attempt to impact theavailability of the Service, with a denial of service (DOS) or distributed denialof service (DDoS) attack;
6.2.9 use the Sites to purchase alcohol unless you and the alcoholrecipient are 21 or older and present a valid photo identification(s) verifyingyour age at the time of alcohol delivery;
6.2.10 use the Sites for illegal purposes;
6.2.11 use the Sites to engage in commercialactivities apart from sanctioned use of mifan services;
6.2.12 copy anycontent, including, but not limited to restaurant menu content and third-partyreviews, for republication in print or online;
6.2. 13 createrestaurant reviews or blog entries for or with any commercial or other purposeor intent that does not in good faith comport with the purpose or spirit of theSites;
6.3 Harm fromCommercial Use. You agree that the consequences of commercial use orre-publication of content or information from the Sites may be so serious andincalculable that monetary compensation may not be a sufficient or appropriateremedy and that mifan will be entitled to temporary and permanent injunctiverelief to prohibit such use.
7.Disclaimer of Warranties
YOUEXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE ANDLICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE, THE INFORMATION, CONTENT,PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDEDBY MIFAN, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDINGWITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS,AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "ASAVAILABLE" WITHOUT WARRANTIES OF ANY KIND, AND WEHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE,EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINSTINTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BEUNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALLNECESSARY SERVICING, REPAIR OR CORRECTION.
8.Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NOEVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHERCOMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE ORINABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OFLIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you forall damages (other than as may be required by applicable law in cases involvingpersonal injury) exceed the amount of fifty dollars ($50.00). The foregoinglimitations will apply even if the above stated remedy fails of its essentialpurpose.
9.End Users and Export Control
You will not use or export the Licensed Applicationor any product or service offered on the Site or through the Service, inviolation of any applicable laws or regulations, including without limitationUnited States export laws and regulations.
10.Charges for mifan Service
10.1 From time to time, mifan may offerproducts or features available at no charge for a trial period. However, mifanreserves the right to charge you for such products (at the normal rate) in theevent that mifan determines (in its reasonable discretion) that you are abusingthe terms of the offer, including if you are using any service, proxy or otherdevices or anonymous IP address that prevents us from locating you.
10.2 Using the Licensed Application onmobile applications will use some of the data allowance available on the datapackage to which you have subscribed with your mobile network operator.Out-of-country usage may lead to significantly higher costs than regular usage,and you are solely responsible for keeping yourself informed and paying forpossible roaming and other applicable charges levied by your mobile networkoperator.
11.1 We use the services of third partiesto process your payments and we require that these third parties take theappropriate organizational and technical measures to protect your personal dataand traffic data and to comply with relevant laws. Please review the terms ofuse and privacy policies of those third parties before providing your bankingor payment information. You agree that you are not relying on the future availabilityof any feature or product offered through the Service in agreeing to or makingpayments hereunder.
11.2 mifan reserves the right to remove oramend the available payment methods at its sole discretion.
12.1 If you believe that mifan has chargedyou in error, you must contact MiFan within 90 days of such charge. No refundswill be given for any charges more than 90 days old.
12.2 mifan reserves the right to refuse arefund request if it reasonably believes (i) that you are trying to unfairlyexploit this refund policy, for example, by making repetitive refund requestsin respect of the same product or feature; (ii) if you are in breach of theterms of this License; or (iii) if MiFan reasonably suspects that you are usingany of our products fraudulently or that your User Account is being used by athird party fraudulently. This refund policy does not affect any of yourstatutory rights to pursue a claim.
13. Mifan's Ownership Rights
The Service, including the Site andLicensed Application (including any content or information contained therein)and all copies thereof are protected by copyright and other intellectualproperty laws and treaties. mifan or its licensors own the title, copyright,and other intellectual property rights in the Site, Licensed Application andService and all copies, modifications and derivative works thereof, and theunderlying software (including any user Feedback), and your use of our Servicedoes not grant to you, nor do you acquire any ownership rights in the mifanapplication technology .
14.Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rightsof others, and require that the people who use the Site, Service and LicensedApplication do the same. If you believe that any materials accessible on orfrom the Service infringes your copyrights, you may request the removal ofthose materials (or access thereto) by contacting our copyright agent.
The laws of the State of Michigan,excluding its conflicts of law rules, govern this License and your use of theLicensed Application. You expressly agree that the courts in the State ofMichigan have exclusive jurisdiction over any claim or dispute with mifan orrelating in any way to your use of the Licensed Application or Service. Youruse of the Licensed Application and Service may also be subject to other local,state, national, or international laws.
You will indemnify, defend and holdharmless mifan from and against any and all claims, costs, damages, losses,liabilities and expenses (including reasonable attorneys' fees and costs)arising out of or in connection with any claim arising from or relating to anybreach by you of this license.
17.Links to Third Party Websites
The Site may contain links to other thirdparty websites ("Third Party Sites"). These Third Party Sites areprovided solely as a convenience to you. Such Third Party Sites are not under mifan’scontrol, and mifan is not responsible for and does not endorse the content ofsuch Third Party Sites, including any information or materials contained onsuch Third Party Sites. You will need to make your own independent judgmentregarding your interaction with these Third Party Sites.
18.Acceptance of License
You affirm that you have the ability toenter into this License. If you are under the age of consent in yourjurisdiction to form a binding agreement (and you are more than 18 years ofage), you affirm that you are either an emancipated minor, or possess legalparental or guardian consent, and are fully able and competent to enter intothe terms, conditions, obligations, affirmations, representations, andwarranties set forth in this License, and to abide by and comply with thisLicense. The Service is not intended for children under the age of 18.
19.Disclaimer of Responsibility for Material
Submissions are not endorsed by mifan, anddo not represent the views of mifan or its parents, subsidiaries andaffiliates, agents, officers or directors. You acknowledge and agree that mifandoes not control all Submissions, and disclaims any responsibility for suchSubmissions. mifan specifically disclaims any duty, obligation, orresponsibility, to review, screen, refuse to post, remove, or edit anySubmissions. In addition, mifan does not represent or warrant that any othercontent or information accessible via the Sites is accurate, complete,reliable, current or error-free including the menus, pricing, hours ofoperation or parking accessibility available from its partner restaurants.Price, description, menu content, product/service availability, parkingaccessibility and restaurant information are subject to change without notice.mifan assumes no responsibility or liability for any errors or omissions in thecontent of the Sites. While mifan does not charge you for using its servicesand does not add any additional charges (other than sales taxes and delivery)to the menu items it receives from its participating restaurants, mifan offerssome restaurant menus via other services. The price shown on the menu mayinclude a markup by those services.
20. Your account, password, andsecurity
Useof Sites services requires that you register and/or create an account("Account") or use the Sites as a guest. To register and create anAccount, you must select an account designation and password and providecertain personal information. In consideration of the use of the Sites'services, you agree to: (a) provide true, accurate, current and complete informationabout yourself as prompted by the registration form, and (b) maintain andpromptly update the personal information you provide to keep it true, accurate,current and complete. If you provide any information that is untrue,inaccurate, not current or incomplete, or mifan has reasonable grounds to suspect thatsuch information is untrue, inaccurate, not current or incomplete, mifan has the right torefuse any and all current or future use of the Sites (or any portion thereof).
You are responsible for maintaining theconfidentiality and security of your Account and password, and you are fullyresponsible for all activities that occur under your password or Account, andfor any other actions taken in connection with the Account or password. Youagree to (a) immediately notify mifan of any known or suspected unauthorizeduse(s) of your password or Account, or any known or suspected breach ofsecurity, including loss, theft, or unauthorized disclosure of your password orcredit card information; and (b) ensure that you exit from your Account at theend of each session. mifan will not be liable for any injury, loss or damage ofany kind arising from or relating to your failure to comply with (a) and (b) orfor any acts or omissions by you or someone else using your Account and/orpassword.
Such trademarks and other marks, logos, andnames of mifan or the Sites, used on or in connection with the Sites may not beused in connection with any product or service that is not under mifan'sownership or control. Furthermore, such trademarks may not be used in anymanner that is likely to cause confusion among customers or in any manner thatdisparages or discredits mifan. All other trademarks not owned by mifan (or itsaffiliates) that appear on the Sites are the property of their respectiveowners, who may or may not be affiliated with, connected to, or sponsored bymifan or its affiliates.
This License is the entire agreementbetween you and mifan relating to the Service and supersedes all prior orcontemporaneous oral or written communications, proposals and representationswith respect to the Service or any other subject matter covered by thisLicense.
23.1Enforceability. If any provision of this License isheld to be void, invalid, unenforceable or illegal, the other provisions shallcontinue in full force and effect.
1. Information Mifan Collects
Mifan may collect the following information from users of our Sites: first name, last name, street address, city, and state, zip code, cross streets, phone number, e-mail address, Sites-specific display name, electronic signature and credit card information. Mifan’s Services are not intended for use by children under the age of 18, and mifan does not knowingly collect personal information from children under the age of 18. Use of the Sites requires that you register and/or create an account ("Account") or use the Sites as a guest. In addition to the personal identifiable information (IPP) set forth above, mifan may collect information regarding Account holders' mifan’s orders, gratuity amounts, favorite restaurants, customer service inquiries, service/restaurant reviews, and certain social networking preferences relating to the Sites (e.g. pages or entities you like, recommend or follow).
Mifan also collects aggregated information, demographic information and other information that does not reveal your specific identity ("Non-PII"). Non-PII may include information about the device you use to access the Sites, information from referring websites and your engagement with the Sites.
2. Mifan’s Use Of Collected Information
User generated content posted through the Sites such as service/restaurant reviews and certain social networking preferences (e.g. pages you "Like" or "Follow") may be viewed by the general public. Accordingly, mifan cannot ensure the privacy of any PII included in such user generated content.
3. Mifan’s Protection of PII
Mifan uses reasonable security measures equal to or exceeding industry standard to protect PII from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, mifan cannot guarantee the security of PII. By using the Sites, you acknowledge and agree that mifan makes no such guarantee, and that you use the Sites at your own risk.
4. Accessing and Correcting Your PII
Registered mifan Account holders may access and change their own PII on the mifan website.