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TERMS OF USE

This document tells you the terms of use on which you (the user) may make use of our FoodTruckNearby App offered by Cyberoid Inc. Please read these terms carefully before you start to use the app. You may only use the FoodTruckNearby App (and the services provided through the FoodTruckNearby App) if you agree to these Terms. Your use of the app indicates your acceptance of these Terms. If you are unhappy or not satisfied, you may contact us at FoodTruckNearby@cyberoidinc.com

Account Information

If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not publish any material in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FoodTruckNearby App may change or remove any material that it considers inappropriate or unlawful, or otherwise likely to cause FoodTruckNearby App liability. You must immediately notify FoodTruckNearby App of any unauthorized uses of your account or any other breaches of security. FoodTruckNearby App will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Registering as food truck owner

If you register yourself as Food Truck owner but do not really have a food truck or register a fake food truck, which does not exist than it is a serious violation of use of this app and may be reported to law enforcement agency for fraud and to protect consumers. User, registered as food truck owner is fully legally responsible for accurate information, its food, information provided about food, and its consumer.  Food Truck Nearby app is not responsible for any information, accidents, consumer behavior, food related issues such as diseases, allergies or any known or unknown facts about food.

 

Registering as food truck consumer/customer

If you are registered yourself as food truck consumer/customer then you are fully responsible for use of this app to search the food trucks and their information. Food Truck nearby App is not responsible for food trucks, food truck owner's behavior, their location, information, food, and any food related issues such as diseases, allergies or any known or unknown facts about food. In any ways, user of this app cannot held Food Truck Nearby App responsible for any facts, information, and harms caused by Food truck owners or while using this app.

 

Using this app

This app is meant only to register a food truck, which may be searched by food truck consumers or customers.  A consumer or customer of food truck may also register to track Food Trucks. Use of this app other than mentioned above is prohibited and illegal.

Responsibility of Contributors

If you post material, post links, or otherwise make (or allow any third party to make) material available by means of the FoodTruckNearby App (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

·         the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

·         if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;

·         you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

·         the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

·         the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

·         the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

·         your account is not named in a manner that misleads other people into thinking that you are another person or company; and

·         The Content is not designed to manipulate the rankings of vendors or other people using the FoodTruckNearby App.

By submitting Content to FoodTruckNearby App for inclusion, you grant FoodTruckNearby App a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for any purpose.

Without limiting any of those representations or warranties, FoodTruckNearby App has the right (though not the obligation) to, in FoodTruckNearby App's sole discretion
(i) refuse or remove any content that, in FoodTruckNearby App's reasonable opinion, violates any FoodTruckNearby App policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the application to any individual or entity for any reason, in FoodTruckNearby App's sole discretion. FoodTruckNearby App will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Visitors

FoodTruckNearby App has not reviewed, and cannot review, all of the material, including computer software, posted to the application, and cannot therefore be responsible for that material's content, use or effects. FoodTruckNearby App disclaims any responsibility for any harm resulting from the use by visitors of the application, or from any downloading by those visitors of content there posted.

Third Party

We have not reviewed, and cannot review, all of the material, including computer software, made available through our application and webpages to which those content links. FoodTruckNearby App does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, FoodTruckNearby App does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FoodTruckNearby App disclaims any responsibility for any harm resulting from your use of such websites and webpages.

Copyright Infringement and DMCA Policy

As FoodTruckNearby App asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the app violates your copyright, you are encouraged to notify FoodTruckNearby App at the contact information below. FoodTruckNearby App will attempt to terminate a visitor's access to and use of the application if, under appropriate circumstances in our sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FoodTruckNearby App or others. In the case of such termination, FoodTruckNearby App will have no obligation to provide a refund of any amounts previously paid to FoodTruckNearby App.

Changes

FoodTruckNearby App reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the application following the posting of any changes to this Agreement constitutes acceptance of those changes.

Termination

FoodTruckNearby App may terminate your access to all or any part of the use of application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

FoodTruckNearby App and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FoodTruckNearby App nor its suppliers and licensors, makes any warranty that the application will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the application at your own discretion and risk.

Limitation of Liability

In no event will FoodTruckNearby App, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to FoodTruckNearby App under this agreement during the twelve (12) month period prior to the cause of action. FoodTruckNearby App shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless FoodTruckNearby App, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the application, including but not limited to your violation of this Agreement.

Your route and location information

For FoodTruckNearby to provide the FoodTruckNearby Services, FoodTruckNearby must record your route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device.

In using the FoodTruckNearby Services, you allow FoodTruckNearby to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to FoodTruckNearby's privacy policy.

Miscellaneous

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by FoodTruckNearby App through the app.

 

If you have any questions regarding this Agreement or your use of the application, please contact us here: FoodTruckNearby@gmail.com