These terms and conditions shall be considered the "Terms of Service" ("TOS") which govern access to and use of Eat614’s websites and mobile applications that link to or reference these TOS (collectively, the "Service"). By accessing or using the Service, you are agreeing to these TOS and concluding a legally binding contract with http://Eat614.com/ ("Eat614"). Do not access or use the Service if you are unwilling or unable to be bound by the TOS.

DEFINITIONS

PARTIES

"You" and "your" refer to you, as the user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to.

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Eat614 Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than Eat614 or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Eat614 Content.

CHANGES TO THE TOS


We may modify the TOS from time to time. When changes are made, we will notify you by making the revised version available on this page, and will indicate at the top of this page the date that revisions were last made. Any such modification will be effective upon our posting of new TOS. You understand and agree that your continued access to or use of the Service after any posted modification to the TOS indicates your acceptance of the modification.

USING THE SERVICE

1. ELIGIBILITY

To access or use the Service, you must be 18 years or older and have the legally requisite authority to enter into these TOS. You may not access or use the Service if we have previously banned you from the Service or closed your account.


2. PERMISSION TO USE

We grant you permission to use the Service subject to the restrictions in these TOS. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

3. SITE AVAILABILITY

The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:

"Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to enhance your credibility as a contributor to the Service. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. You may also choose to create a personal account on our Service using the shared login features of third party services such as Facebook. In using this option to create and sign-in to your account with this Service, you understand and consent that certain information will be collected from your third party account for the purposes of creating, populating and maintaining certain information used by this Service.

"Business Account" is an account to be used solely for the purpose of representing your business in connection with the Service. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Business Account immediately.

4. COMMUNICATIONS

By creating an account, you agree to receive certain communications in connection with the Service. You may receive our regular e-mail newsletter as a mandatory opt-in while using this Service.


5. Posting Guidelines

Our mission is to help Columbus eat better! We do this be offering this platform for you to browse and identify great dining options submitted by other users. The better your posts, the better quality experience for all users. To help further the "Eat Better" goal please follow these guidelines in creating Experiences on eat614.com

The site reserves the right to, in our sole discretion, to remove or delete certain posts that do not conform to these standards. Posts removed for any reason do not earn reward points.

6. CONTENT

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Eat614.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

7. OUR RIGHT TO USE

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Eat614 and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

We may in our sole discretion also choose to remove or delete certain posts that do not conform to our standards of photography or language. Posts removed for any reason do not earn reward points.

8. OWNERSHIP

You own Your Content. We own the Eat614 Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Eat614 Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual property rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Eat614 Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Eat614 Content are retained by us.

9. ADVERTISING

Eat614 and its partners may publicly display advertisements and other information adjacent to or including Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to the discretion of Eat614.

10. REWARD PROGRAM

Eat614 may offer from time to time a Rewards program in which users may earn notional points based on certain activities performed while on the website. Points earned as a result of site activity carry no cash value. These points will accrue in the users account. The specific activities that earn points are subject to change and current Reward activities will be detailed at eat614.com/rewards. Site activities which are valid for point accumulation are assigned a stated value in points for such activity at the time the activity was completed. Users are also limited in the number of points they may earn in each 24 hour period and these limits will be detailed on the Rewards page. Users may continue to perform site activities even after reaching a daily point limit for one or all activities in which points may be earned.

Eat614 may from time to time offer to redeem these points for items of value including but not limited to Gift Cards that are made available on the site. Specific Rewards and the associated point value required to redeem them may change without notice.

To redeem a Reward, you must select a currently available Reward and have the requisite number of points in their account to proceed. You must enter a complete and valid U.S. mailing address whereupon the Reward may be mailed to you and the number of points to redeem subtracted from your point account.

By redeeming a Reward with Eat614, you agree to the terms and conditions associated with any Gift Card you may receive. This may include limitations by third parties such as the issuer of the gift card, and any state or federal laws that may apply.

You can expect to receive a redeemed Reward via USPS within 14 days of completion of the online redemption process. If you do not receive it within 14 days or receive the incorrect Reward, please email us here with the full details of the problem so we can work to resolve it.

11. OTHER

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

12. RESTRICTIONS

We are under no obligation to enforce the TOS on your behalf against another user. While we encourage you to let us know if you believe another user has violated the TOS, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist or enable others to use the Service to:

13. PRIVACY POLICIES

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our TOS and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

14. SUGGESTIONS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback. You may send your feedback to us here.

15. THIRD PARTIES


The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.

16. INDEMNITY


You agree to indemnify and hold Eat614, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the TOS, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Eat614 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Eat614. Eat614 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Eat614 AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "Eat614 ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
THE Eat614 ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE Eat614 ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.

THE Eat614 ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE Eat614 ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.

THE Eat614 ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
THE Eat614 ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TOS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE Eat614 ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.THE Eat614 ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF Eat614 OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.

17. CHOICE OF LAW AND VENUE

OHIO law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Eat614 (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN COLUMBUS, OHIO

18. TERMINATION

You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and providing Eat614 with a notice of termination here. If you close your account, we may continue to display Your Content however you will forfeit any unredeemed Rewards points in your account. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, redeeming Reward points, or any other related information.

In the event of any termination, whether by you or us, Sections 1, 5, 6, 7,8, 19, 10, 14 of these TOS will continue in full force and effect.

19. COPYRIGHT NOTICES (DMCA)

If you believe your copyright-protected work was posted on Eat614 without authorization, you may submit a copyright infringement notification. These requests should be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Please initiate your request by filling out this form or you may mail your notice to:

Eat614.com, 458 E. Main St., Columbus, OH 43215

20. TRADEMARKS

Eat614 and the Eat614 logo are trademarks of 614Digital, LLC, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners and used for reference and identification only, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of Eat614 or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

21. GENERAL TERMS

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the TOS by email, regular mail or communications through the Service. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The TOS contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these TOS. Any failure on Eat614’s part to exercise or enforce any right or provision of the TOS does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable.

Section titles in the TOS are for convenience only and have no legal or contractual effect.