- Need Your Password?
Enter the username associated with your account to have your password sent to the email address on file.
Applies to Offline and Online Subscriptions
Specific variations applicable to Offline subscriptions
Specific variations applicable to Online Subscriptions
These Terms & Conditions are the Agreement.
For Online Subscriptions the Agreement is a legal and binding instrument entered into as of the Effective Date.
Customer is an individual or entity entering into an Agreement with Olyp for the use of the Service.
For Offline Subscriptions, the Agreement complements Terms agreed on between Customer and Olyp. For any elements not specifically addressed in Offline subscription contracts, the Agreement will legally binding.
Effective Date is the date on which an Online Subscription is completed and payment effected or the signature date of an Offline subscription.
menumodo is the Service provided by Olyp Solutions LLC ("Olyp") for the management, display and sharing, of content online.
Online Subscriptions are subscriptions to the Service initiated and completed via menumodo.com or other affiliated websites.
Olyp reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of menumodo's Web pages (menumodo.com).
Customer agrees that the objective of the Service is to allow easy management and maintenance of primarily restaurant menus and other content (e.g. Wellness, Meetings, Weddings, Catering, etc.) for display on Customer's own website(s), for sharing, and to provide the widest distribution possible of Customer's content.
By subscribing to the Service, Customer and Users may access the functions for the agreed or selected subscription level.
Olyp reserves the right to share all content and additional information managed in the Service to any of Olyp's distribution partners, in any format.
As part of the registration process, Olyp will collect certain limited information ("Registration Data") about Customer. All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. Olyp reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete or not current at any time.
As part of the registration process, User will choose a password and a username. User is entirely responsible for maintaining the confidentiality of its password and account, and User is solely responsible for all activities that occur under its account. In case an account is set up by Olyp for a User, the User is responsible for personalizing their password as soon as possible. User agrees to notify Olyp immediately of any unauthorized use of its account or any other breach of security. Olyp shall not be liable for any loss that User may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred by Olyp or another party due to a third-party using User account or password.
Olyp's use of any information provided by Customer, including without limitation, Registration Data and Payment Information, is set forth in Olyp's current Privacy Policy, which can be found by clicking on the "Privacy Policy" hypertext link located at the bottom of menumodo's Web pages (menumodo.com).
Olyp reserves the right to display the names and logos of the Customers and Users subscribing to the Service on Olyp’s and the Service’s web site, in promotional material, social media, and any communications.
During the Term of this Agreement, and upon Customer's payment of all applicable subscription fees, Olyp will enable User to access and utilize the Services as contemplated herein, and User may access and use the Services subscribed to hereunder pursuant to and in accordance with the provisions of this Agreement.
Customer shall be solely and exclusively responsible for all content uploaded, created, managed, distributed, or published through the Service, including all visual, written content.
Customer hereby agrees not to access or allow access and/or use of Service to (i) distribute commercial information in violation of applicable law; (ii) to communicate any message or material that is deemed harassing, threatening, indecent, obscene, libelous, slanderous, or otherwise unlawful; (iii) in a manner which violates the intellectual property rights of any party; or (iv) in a manner which constitutes or encourages conduct that could be a criminal or civil offense under any applicable law or regulation.
Olyp does not monitor, review, control, or endorse any customer content and expressly disclaims any responsibility in relation thereto.
Under no circumstances shall Olyp be held responsible or liable, whether directly or indirectly, for any Customer content or for any loss, damage, claim, liability, or consequence arising from or relating to such content.
This disclaimer of responsibility and liability applies regardless of the Customer’s country of residence, place of business, or the location from which the content is accessed or distributed.
Customer agrees to indemnify, defend, and hold harmless Olyp, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with customer content.
Customer may not reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services or any other aspect of Olyp's technology.
Customer may not resell, distribute, or otherwise use any of the Services.
Customer shall not access and/or use any of the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service’s system or website, services or any networks or security systems of Olyp.
No other rights are granted hereunder except as expressly set forth in this Agreement.
Olyp reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.
Upon termination of this Agreement, Customer will immediately discontinue all access to and use of Service. Olyp shall not be liable for any damages resulting from a termination of this Agreement as provided for herein; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.
No refunds will be given on paid subscriptions. If a free trial period is offered, it is to be used by the Customer to try the services before purchase. In case of cancellation, accounts will remain valid until the end of the subscription period.
The information provided by Customer to Olyp is expressly for distribution and should not be of confidential nature. Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any non-public information or materials provided by the other party under this Agreement and reasonably understood to be confidential ("Confidential Information") or use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is in or becomes available through the public domain, (ii)is already lawfully in the receiving party's possession, (iii) was known to the receiving party prior to the date of disclosure, (iv) becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information, or (v) Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party timely notice of such court order or subpoena. Furthermore, Customer will keep in strict confidence all passwords and other access information to the Service.
Customer hereby acknowledges and agrees that the services are provided by Olyp on an "as is" basis, and Customer's access to and/or use of the services is at its sole risk. Olyp expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. Olyp makes no warranty that any of the services will meet the requirements of Customer or that the services will be uninterrupted, timely or error-free, nor does Olyp make any warranty as to the results that may be obtained from the use of the services or the accuracy of any other information obtained through the services or that any defects in the plug-in will be corrected. Customer understands and agrees that any material and/or data downloaded or otherwise obtained (including plug-ins) through the use of any of the services is done at the sole risk of Customer and that Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by Customer from Olyp or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to Customer.
In no event shall Olyp be liable for any indirect, special, consequential or incidental, multiple, punitive or other damages related to this Agreement (including, without limitation, loss of data, loss of income, loss of opportunity, lost profits, costs of recovery or any other damages), however caused and based on any theory of liability, and whether or not for breach of contract, negligence, or otherwise, and whether or not Olyp has been advised of the possibility of such damages. Olyp's liability hereunder is limited to $50. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to Customer
Customer hereby agrees, at its sole expense, to indemnify, defend and hold Olyp harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (i) a third-party claim, suit, proceeding, action or allegation of infringement based on information, data, files or other content submitted by Customer or otherwise related to Customer's access to and/or use of the Services; or (ii) any fraud or manipulation, or other breach of this Agreement by Customer.
This Agreement is between Customer and the Olyp Solutions LLC, located at 9 Monona Drive, Kentfield, CA 94925, USA, and this Agreement will be governed by the laws of the State of California without reference to conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods, and in any dispute arising out of this Agreement, Customer consents to the exclusive personal jurisdiction and venue in the State and Federal courts within Marin County, California.
Each party hereby represents and warrants to the other party that it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any contract or Agreement with any third party.
Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
Olyp will not be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond the control of Olyp.
This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed under the laws of the State of California, without regard to the principles of conflict of laws.
Both parties agree to comply with applicable United States export and import laws and regulations.
Olyp retains ownership of all proprietary rights in or associated with all its products and services, and Customer may not use the menumodo logo, or any other name, logo, icon or mark identifying Olyp's products and/or services (including menumodo) without prior written permission of Olyp.
Customer shall comply with all applicable laws, rules and regulations relating to Customer's access to and/or use of the Service.
The failure of either Customer or Olyp in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.
No person or entity not a party to this Agreement will be deemed to be a third-party beneficiary of this Agreement or any provision hereof.
This Agreement sets forth the entire Agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.
Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
Only the most current English version of this Agreement is binding. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English-language version shall prevail.
The Terms agreed on between Customer and Olyp define the usage level, duration, pricing and any Customer-specific conditions for the use of the Service.
Customer may be subscribing to a single user account to the Service, or for multiple accounts for individual entities included in the Terms, e.g. multiple hotels or restaurants. The Service may be used by Customer or other entities (“Users”) included in the Terms.
Unless otherwise agreed, the completed and signed Terms need to be returned by Customer to Olyp, and Olyp needs to have received payment for the initial subscription period to start providing access to the Service and the agreed services.
IMPORTANT - READ CAREFULLY:
BY SUBSCRIBING TO MENUMODO, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS "Customer;" AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF Customer TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SUBSCRIPTION Agreement.
The following constitutes the complete Agreement between Customer and Olyp, and its acceptance is the basis for the use of the Service by Customer.
To subscribe to the Service, Customer must complete the registration process, including Customer's acceptance of this Agreement, and Olyp must then accept such registration. Olyp may reject a registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event Olyp rejects a potential Customer's registration such potential Customer may submit a new registration for re-evaluation by Olyp.
At this time, no automated online payment mechanism is in use. Accounts having signed up online in the past are being invoiced through PayPal.
From time to time, Olyp may offer certain trial and/or promotional offers. Olyp reserves the right to discontinue or modify coupons, credits, and trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Customer.
Online Subscriptions expire unless extended, depending on the account type and subscription period chosen.
Customer is responsible for all Subscription Fees, and hereby authorizes Olyp to obtain payment of all such Subscription Fees in accordance with the Payment Information provided. Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on Olyp's net income.
For online payments the stated amount is final, any additional costs being carried by Olyp.
Enter the username associated with your account to have your password sent to the email address on file.
Password was sent to you...
Enter the email address associated with your account to have your username sent to you.
Username was sent to you...
