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Terms of Service



Modified: November 4, 2018

Welcome!


We think it’s awesome that you’ve decided to use Cravinga and its services, all of which we refer to simply as the “Services.” Cravinga allows you to find local dishes to fulfill whatever it is you’re craving and gives you the ability to share photos with the Cravinga community. Cravinga also allows authorized restaurant representatives to manage their restaurant.

We’ve made these TOS of Service (which we simply call the “TOS”) so that you’ll know the rules that govern our relationship with you. Although we have tried our best provide this to you as simply as we can, there are places where these TOS may still read like a traditional contract. There’s a good reason for that: These TOS do indeed form a legally binding contract between you and Cravinga, Inc. Make sure that you read this carefully before using our Services, and please contact us if you have any questions. Visit Support page.

By using the Services, you agree to the TOS. If you don’t like them or don’t agree with them, then don’t use the Services.

YOU AND CRAVINGA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CRAVINGA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Who Can Use the Services


No one under 13 is allowed to create an account or use the Services. We or our partners may offer additional Services with additional TOS that may require you to be even older to use them. So please read all TOS carefully.

By using the Services, you state that:


If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these TOS and to agree to these TOS on behalf of the business or entity. By claiming a restaurant account, you are certifying that you have been granted access by the restaurant owner to manage their restaurant on Cravinga. False representation of restaurant ownership or access to a Cravinga restaurant account that you have not received written permission from the owner is criminal impersonation with serious legal implications. Cravinga will remove access to any accounts subject to criminal impersonation, and will take the proper legal actions against such users upon being notified of such instances. Cravinga will not be held responsible for any harm caused by such criminal impersonation.

2. Your Content


Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. By doing so, you grant Cravinga a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods (now known or later developed). We will use this license for the limited purpose of operating, developing, providing, promoting, and improving the Services; researching and developing new ones; and making content submitted through the Services available to our business partners for syndication, broadcast, distribution, or publication outside the Services. Some Services offer you tools to control who can—and cannot—see your content under this license. For more information about how to tailor who can watch your content, please take a look at our privacy policy and support site.

To the extent it’s necessary, you also grant Cravinga and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels (now known or later developed). This means, among other things, that you will not be entitled to any compensation from Cravinga or our business partners if your name, likeness, or voice is conveyed through the Services.

When uploading photos to Cravinga, you must own the rights to any content you contribute. All content posted on our Services must comply fully with all applicable laws (including U.S. copyright law). You represent and warrant that you own or otherwise possess all rights to use the content that you are uploading, that you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information, that you are authorized to grant all of the rights described in the TOS, and that the use of your content to be uploaded to Cravinga as contemplated by these TOS will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit content that you upload, you are subject to liability. Cravinga is not responsible or liable for any use of any content that you upload to Cravinga in accordance with the TOS. You agree that whenever uploading an image, you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit. Cravinga does not authorize users to upload photos in which they do not have the copyright to. While Cravinga will delete any photos that were uploaded without the owner’s permission, Cravinga cannot be held legally responsible for any photos in which the user falsely claimed ownership for the uploaded photo, or for any conduct that you commit using our services. All legal responsibility goes to that of the individual user uploading the photo. If you notice your photo has been used on Cravinga without your permission, please contact us through our support site and we will review your case.

Your content including your public account information such as your display name or profile picture, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from the Cravinga service.

Because other Cravinga users may have acted on your content, you may not be able to remove or edit your content once you’ve contributed it to Cravinga. We have made reasonable efforts to enable you to delete your content, but we cannot guarantee complete removal.

We have no obligation to retain or provide you with copies of your content. You are responsible for backing up and archiving your content. We cannot guarantee access to your account or your content.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these TOS. You alone though remain responsible for the content you create, post, store, or send through the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

3. The Content of Others


Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that created it. Although Cravinga reserves the right to review all content that appears on the Services and to remove any content that violates these TOS, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Cravinga relies on user generated content. Cravinga makes no representations or warranties concerning the appropriateness, accuracy, usefulness, completeness, timeliness, or reliability of any content. The use of any content on Cravinga is at the user’s own risk.

Cravinga strives towards ensuring that the information portrayed on its Services are accurate; however, by using the Services you agree that Cravinga will not be held responsible for any content, reliance of content whether or not it is correct, or consequences that may arise from the content on our Services.

You may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Cravinga does not endorse and reserves the right to remove such content, you acknowledge that you nonetheless may be exposed to such materials.

Cravinga links to third party services as part of our Services. Accessing these third party services is to be at your own risk. Cravinga is not to be held responsible or liable for any aspect of third party services.

Usage of content on Cravinga is never allowed, unless you receive written permission from Cravinga or the original copyright holder. If Cravinga allows you to use any photos from the Service, the following caption, or an agreed-upon alternative, must be placed directly adjacent to any photos: “Photo by [Cravinga User’s User Name]. Used by permission from Cravinga.” Use of Cravinga images must not be in violation of our TOS.

Through these TOS and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our TOS or Guidelines.

4. Privacy


Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that Cravinga can collect and use your information consistent with that policy.

5. Respecting Other People’s Rights


Cravinga respects the rights of others. And so should you. You therefore may not post or send content that:


In addition, you shall not: (i) take any action that imposes or may impose (as determined by Cravinga in its sole discretion) an unreasonable or disproportionately large load on Cravinga’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper workings of the Service or any activities conducted on the service; (iii) bypass any measures Cravinga may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the services.

Users caught violating any of the conditions in this TOS will be blocked from using our service, and such content is subject to be removed without notice. Cravinga has the right to block you from accessing our service for any reason, or no reason at all.

You must also respect Cravinga’s rights. These TOS do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these TOS.

To be brief: You may not use the Services in ways that are not authorized by these TOS.

6. Respecting Copyright


Cravinga honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Cravinga becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please email our designated agent:

email: copyright@cravinga.com

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:


7. Safety


We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:


We care about your safety while using our Services. So you agree to not use our Services in a way that would distract you from obeying traffic or safety laws. And you also agree to never put yourself or others in harm’s way just to capture a photo for Cravinga.

8. Your Account


You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:


If you think that someone has gained access to your account, please immediately reach out to Cravinga Support.

9. In-App and Out of App Purchases and Payments


We may offer various virtual goods and services (all of which we call “Products”) that users and restaurants can purchase and use through the Services. You don’t own these Products; instead you buy a limited revocable license to use them. You’ll always be shown the price for any Product before you complete the purchase. But Cravinga does not handle payments or payment processing for in-app purchases; those are handled by the app store you use (such as Apple’s App Store or Google’s Play Store). The app store you use may charge you sales tax, depending on where you live. Please check the app store’s relevant TOS for details.

In addition, restaurants may purchase Products that help them reach target users. These purchases are made outside of any app store. Cravinga does not store any of the user’s payment information, as that is handled by third party payment processors (PayPal and Stripe).

All sales are final and non-refundable. And because our performance begins once you tap “Buy” and we give you immediate access to your purchase, you waive any right you may have under US or other local law to cancel your purchase once it’s completed or to get a refund. BY ACCEPTING THESE TOS, YOU AGREE THAT CRAVINGA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Products we offer are for one-time use only, while others are for repeated use. But please note that “repeated” does not mean “forever.” We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s TOS. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.

Cravinga does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party’s separate TOS of use.

10. Your License


Cravinga grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these TOS and our Community Guidelines allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

11. Data Charges and Mobile Phones


You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Cravinga account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

12. Third-Party Services


If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s TOS will govern the respective party’s relationship with you. Cravinga is not responsible or liable for those third party’s TOS or actions taken under the third party’s TOS.

13. Modifying the Services and Termination


We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you keep Cravinga on your device forever, you can terminate these TOS at any time and for any reason by deleting your account or uninstalling the app from your device.

Cravinga may also terminate these TOS with you at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these TOS, both you and Cravinga continue to be bound by Sections 2, 5, 9, 13-21 of the TOS.

14. Indemnity


You agree to indemnify, defend, and hold harmless Cravinga, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these TOS. If you are agreeing to these TOS on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.

15. Disclaimers


We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE CRAVINGA ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CRAVINGA CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CRAVINGA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES.

CRAVINGA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CRAVINGA WILL BE RESPONSIBLE FOR.

16. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRAVINGA AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF CRAVINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CRAVINGA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CRAVINGA, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17. Arbitration, Class Waiver, and Jury Waiver


PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CRAVINGA, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the TOS or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Cravinga are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these TOS. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Cravinga. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the TOS. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Cravinga.
  5. Waiver of Jury Trial. YOU AND CRAVINGA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cravinga are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Cravinga over whether to vacate or enforce an arbitration award or otherwise, YOU AND CRAVINGA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 18.
  7. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Small Claims Court. Notwithstanding the foregoing, either you or Cravinga may bring an individual action in small claims court.
  10. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Cravinga.

18. Forum and Venue


To the extent the parties are permitted under these TOS to initiate litigation in a court, both you and Cravinga agree that all claims and disputes in connection with the TOS or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the TOS or the use of the Services must be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Cravinga consent to the personal jurisdiction of both courts.

19. Choice of Law


The laws of the State of California, other than its conflict-of-laws principles, will govern all disputes between you and Cravinga, but only to the extent they are not preempted by the Federal Arbitration Act.

20. Severability


If any provision of these TOS is found unenforceable, then that provision will be severed from these TOS and not affect the validity and enforceability of any remaining provisions.

21. Final TOS



Contact Us


Cravinga welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://support.cravinga.com/.