Our services are designed to allow our users — even if they are not tech-savvy or design gurus — to easily create a beautiful and highly functional online presence to manage and promote their businesses, content and ideas, while generally having a great experience. As described below, we offer our users a wide range of features to create, publish and use online catalogs. Online and mobile websites and platforms created by Users are referred to in these Terms of Use as "User Platform(s)".
These Menufast.net Terms of Use ("Terms of Use"), together with any additional terms applicable to specific services and features we offer on the Menufast.net website(s) (the "Menufast Website" and collectively the "Menufast Terms"), constitute the entire set of terms and conditions that apply to every individual ("User", "you" or "your") who visits and/or uses the Menufast Website and/or any other service, application or feature we offer in connection with the website, unless explicitly stated otherwise by us.
You may only visit and/or use the Menufast Services and/or the Menufast Application if you fully accept the Menufast Terms — and your use of and/or registration for any of the Menufast Services constitutes your informed acceptance of these Terms of Use and all other Menufast Terms applicable to your use of any Menufast Service. If you have not read or do not fully understand and accept the Menufast Terms, you must immediately leave the Menufast Website and stop using or refrain from using the Menufast Services.
By using our Services, you acknowledge that you have read our Privacy Policy ("Privacy Policy") available at https://www.menufast.net/en/privacy.php.
To access and use certain sections and features of the Menufast Services, you must first register with Menufast and create a user account ("User Account").
If any person other than you accesses your User Account and/or any of your User Platform settings, they may — among many other things — perform any action available to you (unless expressly stated otherwise in the Menufast Services), make changes to your User Platform(s) and User Account, accept any related legal terms, make representations and commitments — and all such actions will be deemed to have been performed on your behalf and in your name.
We therefore strongly advise you to keep your User Account login credentials confidential and to only grant access to people you trust. Please be aware that sole and full responsibility for all activities conducted through your User Account and/or User Platforms (including all representations, commitments and promises made thereunder), whether or not expressly authorized by you, and any damage, losses or expenses arising therefrom, lies exclusively with you.
The information you provide when creating your User Account — to which you are the sole and exclusive owner — and when using the Menufast Services must be accurate and complete. We strongly advise you to provide your personal (or corporate) contact and billing details, including a valid email address. We may use this information to determine the actual and true owner of a User Account and/or User Content (as defined below).
Regardless of whether an independent review has been conducted by us, we reserve the right to determine ownership of a User Account based on our reasonable judgment in the event that the ownership of such account is disputed. Where we are unable to make such a determination (entirely at our discretion), we reserve the right to refrain from doing so and/or to suspend the relevant User Account until the parties disputing ownership resolve the matter, without any obligation to you or any other party. We may request supporting documentation (government-issued ID, business license) to help us determine ownership. Some of the principles we may take into account include the following.
The owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Menufast Services will be considered to be the person or entity who, at that time, has access to the email address associated in Menufast's records with the User Account under which the relevant User Platform or User Content was created.
If any Paid Service (as defined in Section 5 below) has been purchased through a User Account, Menufast will consider the owner of that User Account and/or the relevant User Platform and/or User Content created under it to be the person or entity whose billing details ("Billing Details") were used to purchase those Paid Services.
Notwithstanding the above, Menufast shall have the right, entirely at its discretion and based on the factual situation as determined by Menufast, to determine the owner of User Content and/or the User Platform in any way it sees fit, including disregarding the evidence mentioned above, if it determines that the circumstances so require.
You are of legal age of majority under your applicable laws, and that you have the legal authority, right and freedom to enter into and be bound by these Terms of Use on behalf of yourself and/or any person or entity on whose behalf you are accepting the Menufast Terms;
You understand that Menufast does not provide any legal advice or recommendations regarding any laws or requirements applicable to your use or any of your End Users' use of the Menufast Services;
And specifically regarding your User Content:You own all rights arising from all content you upload to or provide on your User Platform, or that is imported, copied or uploaded to your User Platform by the Menufast Services on your behalf, including all designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compilations, artwork, interfaces, usernames, information, text, literary works and any other materials ("Content") (collectively "User Content"); or, you confirm that you have all the necessary authority, rights, licenses, consents and permissions required for such User Content to be lawfully accessed by you and by us or any of our affiliates, and for it to be imported, copied, used, published, transmitted or licensed;
You have (and will continue to have) full authority, ownership, licenses, consents and permissions necessary to permit access to any website, web page and/or other online service by the Menufast Services in order to import, copy, display, upload, transmit and/or otherwise use your User Content.
The User Content is true, accurate, current, does not infringe any third party rights and is not in any way unlawful for you to upload, import, copy, possess, publish, transmit, display or otherwise use in the country where you and your User Platform's visitors and users ("End Users") are located, nor for Menufast and/or your End Users to access, import, copy, upload, use or possess in connection with the Menufast Services; You have obtained all consents and permissions required under applicable law to post, transmit and publish the image or likeness of any person, entity or property included in any User Content and will comply with all applicable laws in this regard.
Fully comply with all applicable laws and other contractual terms governing your use of the Menufast Services (and any related transactions or relationships), including any local laws applicable to any geographic location where you or your End Users are located;
Acknowledge that sole and full responsibility and liability for all use of the Menufast Services conducted through your User Account and/or User Platform(s) and all of your User Content (including the consequences arising from Menufast Services accessing, importing, uploading, copying, using or publishing such User Content in or in connection with the Menufast Services) lies exclusively with you;
Regularly and independently back up your User Content and all information processed by you in connection with your User Platform, including information relating to End Users, User Products and all applications and/or Third Party Services used by you;
Receive promotional messages sent from time to time by Menufast or its partners via mail, email or other communication channels you provide us (including a phone number for calls or texts). If you do not wish to receive such promotional materials or notices, please notify us at any time;
Permit Menufast to use and reasonably modify your User Platform (or any part of it) worldwide, on a perpetual, royalty-free basis for Menufast's marketing and promotional activities online and/or offline; and to waive on a worldwide basis any moral rights, artists' rights and all other similar rights you may have in connection with such permitted limited uses of your User Platform.
Acknowledge that Menufast has sole and exclusive discretion over how, by what means and in what manner any User Platform and/or Content may be hosted, transmitted, published and/or displayed (including the inclusion and presentation of any advertising or other promotional content related thereto).
Menufast shall have the right to offer the Menufast Services at alternative price tiers and to impose limitations on the uploading, storing, downloading and use of the Menufast Services within each price tier, including limitations on network traffic and bandwidth, Content size and/or duration, Content quality and/or format, sources of Content, duration of download times, the number of subscribers to your Content, etc.
Copy, modify, create derivative works from, download, adapt, reverse engineer, emulate, migrate to another server, translate, compile, decompile or disassemble the Menufast Website, the Menufast Services (or any part thereof), any Content offered by Menufast for use on User Platforms ("Licensed Content") and/or any part thereof, or publicly display, perform, transmit or distribute any of the foregoing without Menufast's prior specific written permission and/or as expressly permitted under the Menufast Terms;
Submit, transmit or display any User Content or Licensed Content in a manner that may be considered defamatory, abusive, obscene, harassing, threatening, inciting, abusive, racist, offensive, misleading or fraudulent, or that encourages criminal behavior or abuse, or that otherwise infringes the rights of Menufast or any third party (including any intellectual property rights, contractual rights or rights of privacy), or that otherwise disparages or degrades any person, entity or brand without their prior explicit consent;
Engage in any illegal activity to obtain information and/or passwords needed to log in to other websites, third-party software or services;
Steal, intercept, upload or otherwise make accessible credit card information or other financial information used to receive payments, except as done in accordance with applicable laws including the PCI DSS standard, if applicable;
Upload, insert, collect or otherwise make available within the Menufast Website or the Menufast Services (or any part thereof) (i) any malicious, unlawful, defamatory or obscene Content and/or (ii) any "Protected Health Information" as defined in the federal Health Insurance Portability and Accountability Act ("HIPAA");
Publish and/or use the Menufast Services or Licensed Content on any website, media, network or system other than those provided by Menufast, and/or frame, "deep link", "page scrape", mirror or create a browser or border environment around any Menufast Service, Licensed Content and/or User Platform (or any part thereof) without Menufast's prior explicit written permission;
Use any "robot", "spider" or other automated device, program, code, algorithm or methodology, or any similar or equivalent manual process, to access, obtain, copy or monitor any part of the Menufast Services (or any data and/or Content therein), or reconstruct or circumvent the navigational structure or presentation of any Menufast Services in any way, in order to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Menufast Services;
Act in a manner that could be considered harmful to Menufast's reputation or goodwill, or that could damage or harm Menufast;
Purchase search engine or other pay-per-click keywords (such as Google Ads) or domain names that use Menufast or the Menufast Marks and/or their variations and misspellings;
Impersonate any other person or entity, provide false information, or otherwise manipulate the identity of the sender of messages or communications to Menufast and/or End Users on the Menufast Services and/or User Platform;
Falsely state or otherwise misrepresent your relationship with any person or entity, or make express or implied false statements that Menufast or any other third party endorses you, your User Platform, your business, your User Products or any of your statements;
Reverse-look-up, trace or seek to trace another User of the Menufast Services without their informed and explicit consent, or otherwise interfere with or violate any other User's privacy rights and other rights, or harvest personally identifiable information about visitors or users of the Menufast Services and/or User Platform;
Disable, circumvent or otherwise interfere with any security-related features of the Menufast Services, User Platform, another User's account or other systems or networks connected to the Menufast Services, using hacking, password mining or other unlawful or prohibited means;
Probe, scan or test the vulnerability of the Menufast Services or any network connected to the Menufast Services;
Upload to or otherwise use the Menufast Services and/or User Platform for designing, developing, distributing and/or otherwise transmitting or executing any virus, worm, Trojan horse, time bomb, web bug, spyware, malware or any other computer code, file or program that may or is intended to damage or seize control of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;
Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Menufast Services or on Menufast's systems or networks connected to the Menufast Services, or otherwise interfere with or disrupt the operation of any of the Menufast Services, or the servers or networks that host or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks;
Use any Menufast Service and/or User Platform in connection with any unsolicited email, spam, fraud, phishing, "chain letters", "pyramid schemes" or similar schemes, or otherwise engage in unethical marketing or advertising practices;
Access the Menufast Services, User Accounts, Licensed Content and/or User Content through any tool or technology (e.g. scraping and crawling) other than our publicly supported interfaces;
Sell, license or use for any commercial purpose any Licensed Content and/or any use of or access to the Menufast Services, except as expressly permitted under the Menufast Terms;
Remove or alter any copyright notice, watermark, restriction or sign found in the Menufast Services and/or Licensed Content that indicates the copyright of our licensors, including copyright marks [©], Creative Commons [(cc)] marks and trademarks [® or ™];
Violate, attempt to violate or otherwise fail to comply with any of the Menufast Terms or any applicable laws or requirements applicable to your use of the Menufast Services;
Access or use the Services to benchmark or conduct a similar competitive analysis, or create a competing product or service.
You acknowledge that any failure to comply with, or misrepresentation regarding, any of the foregoing may result in the immediate termination of your User Account and/or any Services provided to you, without further notice and without refund of any fees paid for the relevant Services.
As between Menufast and you, all intellectual property relating to your User Content and all other materials created by you, including all designs, images, animations, videos, audio files, fonts, logos, illustrations, compilations, artwork, code, interfaces, text and literary works created by you, belongs entirely to you. Menufast does not claim ownership over your content. You acknowledge and agree that, solely for the purpose of providing the Services to you, we may access, upload and/or copy your User Content, including via cloud services and content delivery networks, in order to make display adjustments, create backups and perform all other technical operations and/or uses that we deem necessary to provide our Services.
All rights, titles and interests in and arising from the Menufast Services, including all copyrightable materials or any other content thereof that is or may be subject to copyright under any applicable law, whether or not registered and/or registrable, including all artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the Menufast Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers (collectively "Intellectual Property") and all derivatives thereof belong to and/or are licensed to Menufast.
Subject to your full compliance with the Menufast Terms and timely payment of all applicable Fees, Menufast grants you a non-exclusive, non-transferable, sub-licensable, fully revocable, limited license to use the Menufast Services and the Licensed Content solely as expressly permitted under the Menufast Terms and solely within the Menufast Services, for the purpose of creating and displaying your User Platform and presenting your User Products (as defined below) to your End Users, for so long as Menufast agrees to provide the Menufast Services to you following the creation of your User Account.
No right or interest in Menufast's Intellectual Property (or any part thereof) is granted beyond the limited license expressly set out above in the Menufast Terms. Nothing in the Menufast Terms constitutes a waiver or assignment of any of Menufast's Intellectual Property rights under any applicable law.
You may use our services and content for so long as you fully comply with these terms and conditions and make your payments on time and in full.
If you provide us with any suggestion, comment or other feedback relating to the Menufast Services (whether existing, proposed or planned) that may be or become subject to any Intellectual Property right ("Feedback"), Menufast shall be the exclusive owner of such Feedback. By providing Feedback to Menufast, you agree that such Feedback may be used by Menufast to: (i) further develop, customize and improve the Menufast Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Menufast-related notices and/or interview requests based on your Feedback, (iv) facilitate, sponsor and offer certain promotions and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information that Menufast may use to improve its services, (vi) enhance Menufast's data security and fraud prevention capabilities, (vii) comply with applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate and complete and does not infringe any third-party rights; (2) irrevocably assign to Menufast all rights, titles and interests you may have in such Feedback; and (3) expressly and irrevocably waive any and all moral rights, artists' rights and all other similar rights worldwide that you may have in connection with such Feedback.
Some parts of the Menufast Services (including certain Third Party Services provided under Section 9 as described in more detail therein) require the provision, collection and/or use of certain personally identifying or identifiable information. Menufast and the relevant Third Party Services may collect, access and use certain data relating to Users and End Users as part of accessing or using the Menufast Services, including transactions or navigation conducted by Users and End Users through the Menufast Services and/or through User Platforms. We recommend that you regularly review our Privacy Policy and the relevant policies of the Third Party Services for details about such data collection and use practices.
The use of certain Menufast Services may be subject to payment of particular fees, as determined by Menufast at its sole discretion (respectively "Paid Services" and "Fee(s)"). Menufast will provide you with notice of the applicable Fees for such Paid Services. If you wish to receive or use such Paid Services, you will be required to pay the applicable Fees in advance.
We reserve the right to change Fees at any time, with notice to you if such changes affect your existing subscriptions. If you have benefited from a discount or other promotional offer, Menufast has the right to automatically renew your subscription to the relevant Menufast Service(s) at the full applicable Fee without notice.
Unless otherwise specifically indicated by Menufast in writing, all Fees are stated in EUR. To the extent permitted by law (and unless otherwise specified by Menufast in writing), all Fees are exclusive of any taxes, levies and duties imposed by taxing authorities (including, but not limited to, value added tax, sales tax, goods and services tax, etc.) ("Taxes"). You are responsible for paying all applicable Taxes relating to your use of the Menufast Services or any payment or purchase made by you. If Menufast is required to collect or pay Taxes in connection with Fees paid by you, such Taxes may be added to any outstanding Fee and reflected in the invoice for that transaction, regardless of whether they were collected on prior transactions. We recommend that you check whether any additional fees may be charged to you by third parties in connection with the purchase or renewal of Paid Services (for example, international transaction fees, foreign exchange fees or fees payable to banks or credit card companies). Menufast is not responsible for any such additional fees or charges.
By registering for or providing your details to receive Paid Services, you authorize Menufast (directly or via its affiliates, subsidiaries or other third parties) to request and collect payments (or otherwise charge, refund or perform any other billing operations) from our payment provider or the bank account you designate, and to make any inquiries that Menufast or its affiliates consider necessary to verify the payment account or financial information you designate, including those directed to your payment, credit card or bank account provider to obtain updated payment details (for example, an updated expiry date or credit card number that may be provided to us by your credit card company).
Menufast and/or its affiliates will issue an invoice or credit note ("Invoice") for all Fee payments and all refunds made to or by Menufast. All Invoices are issued electronically and will be made available to you via your User Account and/or by email, depending on the country in your billing address. To ensure compliance with local laws, you may be asked to provide certain Personal Information (as defined in the Privacy Policy) for invoicing purposes. Please note that the Invoice available in your User Account may not satisfy all local legal requirements and may therefore only be used for informational purposes.
To ensure you do not experience any interruption or loss of service, certain Paid Services include an automatic renewal option by default, whereby such Paid Services will automatically renew upon the expiry of the relevant subscription period for a renewal period equal to the original subscription period (excluding extension periods), unless you turn off the automatic renewal option. For example, if you initially subscribed to a Service for one month, each renewal period (if any) will be one month. In this context, where applicable, Menufast will attempt to automatically collect the applicable Fees from you using the payment method on file with Menufast two (2) weeks before the start of each such renewal period. If we are unable to collect the Fees owed from you, we may, at our sole discretion and without notice to you, attempt to collect them at a later date (but will have no obligation to do so) and/or suspend or cancel your User Account. If your Paid Service is subject to an annual or multi-year subscription period, Menufast will attempt to notify you at least thirty (30) days prior to the date on which the relevant Paid Service is to be renewed.
You may turn off automatic renewal or cancel your Paid Services at any time from your User Account or by visiting the Menufast Help Center.
Notwithstanding the foregoing, sole and full responsibility for verifying and successfully renewing the Menufast Services you use (whether or not subject to automatic subscription renewal) lies and will remain with you. Accordingly, sole responsibility for any termination of any Menufast Service previously purchased by you for any reason lies with you, including cancellation, failure to charge applicable recurring Fees or non-application of the automatic subscription renewal process for any Menufast Service. You agree not to bring any claim against Menufast relating to the expiry of any Menufast Service or Third Party Service for any reason.
Some services may not automatically renew, whether intentionally or inadvertently. You are responsible for ensuring that your subscriptions are renewed in a timely manner.
If you are dissatisfied with a Fee-based Menufast Service for a service period or subscription commitment and you are purchasing such a service for the first time, you may cancel within fourteen (14) days from the date the Menufast Services were first ordered or activated ("Refund" and "Refund Period") for any reason. The Refund option applies only to the first-time purchase of Menufast services involving the upgrade of a free website by purchasing a Premium Plan (as described on the Menufast Website). The Refund option does not apply to any additional purchase, upgrade, modification or renewal of Menufast Services. If you reside in a jurisdiction that requires a longer Refund Period, we will be happy to comply with such requirements under applicable law. If Menufast receives notification within the applicable Refund Period, it will cancel the relevant Menufast Services and refund you the amount Menufast collected from you for those Menufast Services in the currency in which you were charged. After the expiry of the Refund Period, Fees paid by you will be non-refundable and non-cancellable. We also reserve the right to invoice the User who submitted a cancellation notice for the cost of Menufast Services actually received, to the extent permitted by law, if we determine that the notice was submitted in bad faith or as an unlawful attempt to avoid payment for services actually received and used.
Please note: certain services purchased through or within the Menufast Services may be non-refundable. This includes Third Party Services such as domain names, business tools and applications. The terms applicable to each service or application purchased are set out on the Menufast Website and/or as part of or during the purchase process for such services or applications. It is your responsibility to verify that you have the ability to cancel a service before purchasing it. Amounts paid for non-refundable Paid Services, applications or Third Party Services will not be refunded by us.
Some services are non-refundable. Please therefore ensure that you carefully review the terms applicable to each service.
If at any time any Fee due on your Menufast account is declined, charged back or otherwise disputed ("Chargeback"), this will be considered a breach of your payment obligations under these terms and your use of the Menufast Services may be automatically suspended or terminated.
In the event of a Chargeback, your User Account may be blocked without the option to repurchase or reuse, and all data contained in such User Account may be cancelled and subject to Capacity Loss (as defined in Section 6.3 below), including all domain names, applications and Third Party Services.
Your use of the Menufast Services will not resume until you have re-subscribed to the relevant Menufast Service and paid all applicable Fees in full (including Fees relating to Menufast Services provided prior to the Chargeback, fees and charges incurred by Menufast and/or any Third Party Service in connection with each Chargeback received, processing and transaction fees and charges incurred by the payment processor, etc.).
If you have any questions or concerns regarding a payment made to Menufast, we encourage you to contact our Customer Support team before filing a Chargeback or initiating a payment reversal, in order to prevent the cancellation of your Menufast Services and the blocking of your User Account, and to avoid entering into an obligation to re-pay all Fees for Menufast Services purchased (and charged back) by you, plus any associated additional charges, as a result of an unfounded or erroneous Chargeback.
We reserve the right to dispute any Chargeback received by providing the relevant credit card company or financial institution with any information and documentation evidencing that the User responsible for the Chargeback actually authorized the transaction and subsequently used the services provided.
You may stop using your User Account and/or any Menufast Service at any time and request its cancellation in accordance with the instructions applicable to the Menufast Services. The effective date and time of such cancellation will be the date and time on which you complete the cancellation process for the relevant Menufast Service, and the effective date and time of cancellation of Paid Services will be the end of the subscription period for the relevant Paid Services.
Notwithstanding the foregoing, automatically renewed Paid Service subscriptions will only be terminated upon the expiry of the period for which you have already paid. Please note that since the cancellation process may take a few days, your cancellation request must be submitted at least fourteen (14) days before the end of the current service period in order to prevent the next automatic renewal and associated charge.
For more information about cancelling your Paid Services, please visit the Menufast Help Center.
In the event of non-compliance with any of the Menufast Terms and/or failure to pay any applicable Fees, Menufast has the right to suspend or cancel the User Account and User Platform (or certain features thereof) and the provision to you of any associated Menufast Service (e.g., Paid Services) or Third Party Services (until payment is made in full).
The cancellation of your User Account or any Menufast Service or Third Party Service associated with your User Account (whether at your request or at Menufast's discretion) may result in the loss of some of the content, features or capacity of your User Account ("Capacity Loss"), including all User Content, End User data or other usage data held in your User Account and any domain name reservation or registration included in such Services. Menufast has no obligation with respect to such Capacity Loss or with respect to backing up your User Account, User Content or End User data. Please also note that the reactivation of a User Account and/or any Menufast Service following cancellation may be subject to additional Fees to be determined entirely at Menufast's discretion.
When using the Menufast Services you may be exposed to User Platforms, User Content or Third Party Services from various sources, and some of these may be inaccurate, offensive, objectionable or unlawful. You hereby waive any legal or equitable rights or remedies you have or may have against Menufast with respect to these.
If you believe that any User or Third Party Service is acting inappropriately or otherwise abusing any of the Menufast Services, please use this form to immediately report such User and/or Third Party Service to us. You acknowledge that such a report will not impose any liability or obligation on Menufast, and that Menufast may, at its sole discretion, review the report and take action, decline to take action or request additional information and documentation before taking action.
Menufast acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may report such infringement to us at [email protected]; (1) the contact details of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work claimed to have been infringed; (3) a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to locate the material on Menufast (including a URL address); (4) a statement that you believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (5) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner alleged to have been infringed.
Upon receipt of a copyright infringement notice in connection with your User Account or User Platform, Menufast may, at its sole discretion, cancel your User Account, remove your User Platform or any Content, without prior notice to you. In such event, you may submit an appropriate counter-notice under DMCA Section 512 containing the following information: (1) your full name, address, telephone number and wet or electronic signature; (2) a description of the material and its location prior to removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to appropriate jurisdiction; and (5) any other information required under the applicable DMCA provisions. All notices submitted under this Section 9 may be deemed received, applicable and compliant with the DMCA entirely at Menufast's reasonable discretion. Menufast reserves the right to inform the person or entity that submitted the infringement notice of such counter-notice and to provide any details contained therein.
The Menufast Services provided by us are provided on an "as is", "with all faults" and "as available" basis, to the maximum extent permitted by applicable law, without warranty of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other harmful code. In particular, we make no representation or warranty that the Menufast Services (or any part, feature or Content thereof) are complete, accurate, of any particular quality, reliable or secure in any way, are suitable for or compatible with any intended activity, device, operating system, browser, software or tool (or that they will be so at any time), or comply with any laws applicable to you or your End Users (including those applicable in your jurisdiction), or that they will operate free of viruses, software bugs or other harmful elements or program restrictions if run. Furthermore, any entity, product or service (including all Third Party Services) referred to or made available within the Menufast Services is not endorsed by us — please therefore verify their accuracy before using or otherwise relying on them.
Menufast may, at its sole discretion (but without any obligation to do so), monitor, supervise and/or edit any of your User Platforms and/or User Content at any time and for any reason, with or without notice.
Notwithstanding the foregoing, Menufast will in no circumstances be considered a "publisher" of any User Content, does not endorse any User Content in any way, and accepts no liability for any User Content uploaded, posted, published and/or made available by any User or other party on or through the Menufast Services, for any use made by any party in connection therewith, or for any loss, deletion or damage to such User Content, or for any damage, harm, cost or expense that you or others may experience as a result of or in connection with the publication of or access to and/or reliance on any User Content. Furthermore, Menufast will not be liable for any defamation, libel, falsehood, obscenity, pornography, incitement or other unlawful and/or infringing User Content that you or any other party may encounter.
You acknowledge that there are risks associated with using and/or connecting to and/or interacting with any Third Party Service through or in connection with the Menufast Services, and that Menufast cannot and does not guarantee that any such use and/or interactions will result in a particular outcome, and you assume any and all risks, liability and/or harm of any kind arising in connection with and/or as a result of such interactions. Such risks may include, among other things, misinformation, breach of warranty and/or contractual terms, infringement of rights and consequential damages in connection with and/or caused by Third Party Services and/or Licensed Content.
Menufast does not recommend using the Menufast Services for hosting personal content and assumes no security or integrity liability or risk related to the infringement or damage of such content.
Please note that some of the Menufast Services are currently available in BETA version and that BETA testing is ongoing. You acknowledge and agree that some of the Menufast Services may still contain software bugs, experience interruptions and may not operate as planned or as specified. Your use of Menufast Services in BETA constitutes your acceptance to participate in the BETA testing of those Menufast Services.
To the maximum extent permitted by applicable law in applicable jurisdictions, Menufast, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, including loss of use, data, profits, goodwill and other intangible losses, arising from: (1) any errors, inaccuracies or omissions in any Content; (2) any personal injury or property damage related to your use of the Menufast Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Menufast Services; (5) the use or display of any Content or User Content published, emailed, transmitted or otherwise made available on the Menufast Services; (6) any internet failure, hardware failure, power failure, strike, labor dispute, riot, insurrection, civil disorder, shortage of labor or materials, fire, flood, storm, earthquake, explosion, force of nature, war, terrorism, governmental action, court order or order of arbitral tribunal, or non-performance by third parties; and/or (7) events beyond Menufast's reasonable control.
You acknowledge that these limitations of liability represent an agreed and reasonable allocation of risk taking into account in part the importance of Menufast's services, and that these limitations will apply even if Menufast has been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless Menufast, its officers, directors, shareholders, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorneys' fees) arising from: (1) your breach of any provision of these Terms of Use or any other Menufast Terms; (2) your infringement of any third-party right, including any copyright, access right, property right and right of privacy, arising from your User Platform or User Content and/or your use of the Menufast Services, including any legal action initiated by the Menufast Services in your favor; (3) any other type of claim or allegation that your User Platform and/or User Content has caused damage to a third party.
Menufast reserves the right to change, suspend or terminate any Menufast Service (or any feature thereof or price applicable thereto) at any time and in any manner, with or without notice, and/or to revoke your access to any of the Menufast Services (including the removal of all materials created by you in connection with the Menufast Services) and/or to modify any Menufast Terms at any time and in any manner. You acknowledge that Menufast will have no obligation to you or any third party in connection with any such change, suspension or termination of the Menufast Services. If such changes require the payment of additional Fees, you will be notified of those Fees before the relevant changes are activated. If you do not pay or refuse to pay such Fees, we may (entirely at our discretion) cancel your User Account, continue to support your Menufast Services as they exist at that time without activating the changes, or provide you with alternative Services.
The Menufast Terms, the rights and remedies provided hereunder and any and all claims and disputes related hereto and/or to the Menufast Services, their interpretation, validity, breach or termination, as well as any relationships arising out of or in connection with the Menufast Terms or any related transaction or purchase, shall in all respects be governed by, interpreted and enforced in accordance with the laws of the Republic of Ireland, without regard to conflict of laws principles.
All such claims and disputes shall be referred to the competent courts of Dublin, Ireland, and you consent to the exclusive jurisdiction of those courts for the resolution of such claims and disputes.
To the extent permitted by applicable law, all disputes between Menufast and you shall be resolved on an individual basis and you shall not be entitled to bring a claim against Menufast as a plaintiff or class member in any class, consolidated or representative action (or any other legal proceeding conducted by a group or representative on behalf of others).
We may provide you with notice using any of the following methods: (1) through the Menufast Services, including via a banner or pop-up located on the Menufast Website or User Account or elsewhere; (2) via an email message sent to the email address you have provided to us; and/or (3) through any other means, including any phone number or postal address you have provided to us. Unless otherwise stated in the notice, Menufast's notice to you shall be deemed received and effective twenty-four (24) hours after it is published or sent using any of the means described above. We may send you notices through our Services, by email or through any other communication method you have provided to us.
The Menufast Terms and your use of the Menufast Services do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between Menufast and you.
These Terms of Use, together with the Menufast Terms and any other legal notices or fee notices communicated to you by Menufast, constitute the entire agreement between you and Menufast with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, commitments or representations between Menufast and you, whether written or oral, including those made by or between any of our respective agents, in connection with any Menufast Service. You also acknowledge that you are not relying on any promise, inducement, representation, statement, disclosure or duty of disclosure by Menufast in accepting any Menufast Terms.
Menufast may assign its rights and/or obligations under these terms and/or its ownership rights in and to the Menufast Services and/or the Licensed Content to a third party without your consent and without prior notice to you. You may not assign or transfer your rights and obligations under these terms without prior written consent from Menufast. Any purported assignment or attempt at assignment without Menufast's prior explicit written consent shall be null and void. In all events, any assignment or transfer made under this Section 11.6 shall not in itself entitle Menufast or you to cancel any Menufast Service or Third Party Service then in effect.
If any provision of the Menufast Terms is held by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Menufast Terms shall be deemed a waiver of any preceding or subsequent breach or default.
You may contact our Customer Service department using the following details:
By sending an email to: [email protected]