Terms of Use and Privacy Policy



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SubtleData Terms of Use and Privacy Policy


Welcome to SubtleData. The following are the Terms of Use (the "Terms") and the Privacy Policy (the "Policy") that govern your use of the SubtleData.com domain and associated web sites (the "Site") and the services provided through the Site (the "Service"). By using or visiting the Site and the Service, you expressly agree to be bound by the Terms and the Policy and to follow the Terms and the Policy and all applicable laws and regulations governing the Site and the Service (the "Agreement").

SubtleData, Inc. and each of its respective subsidiaries (collectively "SubtleData" or "we") reserve the right to change the Terms and the Policy at any time, effective immediately upon posting on the Site. The most recent version of the Terms and the Policy shall always be available on the Internet at this website and the most recent version shall supersede any and all other versions of the Terms and/or the Policy. Please check this page of the Site periodically. Continued use of the Site or the Service following the posting of changes or modifications to the Terms and/or the Policy constitutes acceptance of the changes or modifications. If you violate the Terms, we may terminate your use of the Site and the Service, bar you from future use of the Site and Service, cancel any orders placed through the Site or Service, and/or take appropriate legal action against you.

ACCOUNT ELIGIBILITY

The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors or to temporarily or indefinitely suspended SubtleData account holders. If you do not qualify, please do not use our Site or Service. Further, your SubtleData account may not be transferred or sold to another party. If you were registered as a business entity, you represent that you have the authority to bind the entity to this agreement.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than to review information on the Site for personal use, or to purchase food, drinks or merchandise through the Service, unless otherwise specifically authorized in writing by SubtleData. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by SubtleData to do so. The content and software on the Site and related to the Service is the property of SubtleData and/or its partners and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

Any use of the Site or Service in any manner not allowed under the Terms or the Policy including, without limitation, resale, transfer, modification or distribution of the Site or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided on the Site is prohibited. The Terms and the Policy do not entitle you to receive and do not obligate SubtleData to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Site or the Service.

Use of the Site and the Service is limited to the functionality of the Site and the Service. Under no circumstances may the Site or the Service be used in a manner that: (i) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (ii) is unlawful, fraudulent or deceptive; (iii) uses technology or other means to access SubtleData's proprietary information; (iv) uses or launches any automated system to access without authorization the Site or SubtleData' or any third-party establishment's computer systems; (v) attempts to introduce viruses or any other malicious software code; (vi) attempts to gain unauthorized access to SubtleData's or any other party's computer network or user accounts; (vii) encourages or induces conduct that that would constitute a criminal offense or give rise to civil liability; or (viii) violates the Terms or the Policy.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Site and the Service, you agree to:

- provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data");

- and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or SubtleData has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SubtleData has the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Service (or any portion thereof).

USER ACCOUNT, PASSWORD AND SECURITY

If you opt to create an account with SubtleData, you will receive a password and username that must be the accurate numeric portion of your cell phone number upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SubtleData of any unauthorized use of your password or account or any other breach of security, and ensure that you logout from your account at the end of each session.

USE OF THE SITE AND SERVICE

Through the Site and Service, SubtleData may provide you or your customers with the ability to order food, drinks or merchandise at your establishment and to pay charges for such food, drinks or merchandise with one or more credit or debit cards.

In order to use the Site and Service, it may be necessary to transmit information provided by you or your customers, including, but not limited to: Registration Data, usernames/passwords, your/their name, address, e-mail address(es) and your financial information, including your credit or debit card number(s) and related information (collectively "Your Information") to your Point of Sale system ("POS"). For example, Your Information may be transferred to your establishment in connection with your placing an order for drinks, food or merchandise or to settle, pay or "close out" a cheque, bill, tab or other charge in your establishment. You consent to all such transmissions of Your Information.

You acknowledge that should you use the Site or Service to settle, pay for or "close-out" a cheque, bill, tab or other charge in a third-party establishment (such as a bar or restaurant), a minimum tip or gratuity in the percentage specified by the bar or restaurant of the amount of the cheque, bill, tab or other charge may be added to the cheque, bill, tab or other charge. Any establishment you visit that allows you to use the Site or Service to settle, pay for or "close-out" a cheque, bill, tab or other charge: (i) retains the right to settle your owed payment should you fail to properly settle an owed payment or if the Site or Service fails to properly pay your owed payment and (ii) retains the right to request that you authorize such payment by other means including, but not limited to, signing a printed receipt, prior to delivering a final cheque, bill or tab to you. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the Site or Service to pay for a cheque, bill, tab or other charge in a third-party establishment, any chargeback for such charge shall apply to such third-party establishment and that SubtleData shall not be liable to you according to the terms of this Agreement.

ELECTRONIC SIGNATURE

You acknowledge and agree that your use of the Site and the Service shall involve you providing an "electronic signature" indicating your desire to use the Site and Service to pay for any cheque, bill, tab or charge. Such "electronic signature" shall include your pressing buttons on the screen of your mobile phone or other computing device. Your "electronic signature" indicates your acceptance of any cheque, bill, tab or charge presented to you by a third-party establishment and that you agree to settle, pay for or "close-out" any such cheque, bill, tab or charge using the payment functionality of the Site and/or the Service.

LICENSE

To enable SubtleData to use Your Information so that we are not violating any rights you may have in Your Information, you hereby grant SubtleData a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, distribute and otherwise exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

ACCESS AND INTERFERENCE

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or any of its pages or the content contained therein without SubtleData's prior expressed written permission.

You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or the Service.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to SubtleData by our account holders or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of SubtleData or the appropriate third party.

You acknowledge that SubtleData does not pre-screen content on the Site ("Content"), but that SubtleData and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site or the Service. Without limiting the foregoing, SubtleData and its designees shall have the right to remove any Content that violates the Terms or the Policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any information created by SubtleData or submitted to SubtleData, including without limitation information on Message Boards on the Site and in all other parts of the Site or the Service.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SUBTLEDATA INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR TORT. SUBTLEDATA INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM PERONAL INJURY OR DEATH, LOST PROFITS, LOST BUSINESS, REVENUE, LOSS OF OR DAMAGE TO DATA OR PROGRAMS, LOSS OF USE OF COMPUTER HARDWARE, OR LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SubtleData and its employees, contractors, officers, and directors, affiliates and agents from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from your use or misuse of the Site or the Service, violation of this Agreement or violation of any rights of a third party. SubtleData reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

NO WARRANTY/DISCLAIMERS

SUBTLEDATA INC. DOES NOT PROMISE THAT THE SITE OR THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON THEM. THE SITE AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SUBTLEDATA INC. CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SUBTLEDATA INC.DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBTLEDATA INC. MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THE SITE OR USE OF THE SERVICE.

SUBTLEDATA INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SUBTLEDATA INC. USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICE. SUBTLEDATA INC. IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD-PARTY ESTABLISHMENT OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and the Site and your posting information on the Site.

NO AGENCY

You and SubtleData are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to:

SubtleData, Inc.
Attn: Legal Department
1776 I Street, Northwest
Floor 9
Washington, DC 20006
(in the case of SubtleData)

or

To the cell phone and/or email address you provide to SubtleData during the registration process (in your case).

Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SubtleData during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or the Service, excluding legal action taken by SubtleData to collect our fees and/or recover damages for, or obtain an injunction relating to, the Site's or the Service's operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SubtleData may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of you or SubtleData pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.

GENERAL

This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that this Agreement and all incorporated agreements may be automatically assigned by SubtleData, in our sole discretion, to a third party in the event of a merger or acquisition.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Agreement sets forth the entire understanding and agreement between you and SubtleData with respect to the subject matter hereof. Fees and Services - with respect to fees owed for our services, License, Access and Interference, Liability Limit, Indemnity and Arbitration shall survive any termination or expiration of this Agreement.

DISCLOSURES

The services hereunder are offered by SubtleData, Inc., located at 1776 I Street, Northwest, Floor 9, Washington, DC 20006. If you are a District of Columbia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

TRADEMARK INFORMATION

SubtleData, the SubtleData logo and other SubtleData logos and product and service names are trademarks of SubtleData, Inc. ("Company Marks"). Without SubtleData's prior permission, you agree not to display or use in any manner the SubtleData Company Marks.

PRIVACY POLICY

SCOPE

This Policy covers how SubtleData treats the personal information that it collects through the the Site and the Service, by email or offline via phone, mail, or otherwise. Personal information is information about you that is personally identifiable like your name, address, email address or phone number, or other information that is not otherwise publicly available.

1. INFORMATION COLLECTION AND USE

General Information.
You may visit and browse the Site as often as you like without logging in and no personal information about your visit will be collected. If you visit the Site simply to browse, we may collect general information about the way in which you use the Site, including, but not limited to, the time and duration of visit, the type of web browser used, the operating system/platform you are using, your IP address, the websites from which you linked to us, and your CPU speed. We also may note whether and how you use the Site by recording site traffic patterns and clickstreams. We do not associate this general information that we collect with any personal information and we do not otherwise monitor this information on an individual basis. Instead, we aggregate this usage information and use it only to identify the levels and areas of interest in the Site and the Service and to improve and refine our Site and Service. We may perform (or have third parties perform) analyses of visitors' behavior, and may share aggregated, anonymous data with sponsors, advertisers and third parties.

Personal Information.
- SubtleData collects personal information when you place an order or make a purchase through the Service or register for an account, request information, participate in a promotion or an online survey or contest, contact SubtleData with a question or suggestion, or apply for employment with SubtleData. Depending on the nature of your interaction with SubtleData, we may ask you for information such as your name, phone number, physical address, birth date, company related information, email address, credit or debit card information including expiration date and billing address, and product preferences. Once you register with SubtleData and sign in on the Site or use the Service, you are not anonymous to us.

- Your personal information may be used by us (or third parties engaged by us) to: (1) customize the advertising and the content that you see, (2) fulfill your requests for products and services, (3) contact you, (4) conduct research, (5) respond to subpoenas, court orders or legal process, and (6) establish or exercise our legal rights or defend against legal claims.

- In addition, we may provide your demographic information to third parties whose products or services we believe may be of interest to you. You can request at anytime that we do not share your name and address or phone numbers or email addresses with such third parties. SubtleData does not monitor or control the privacy policies of third parties.

- SubtleData enables you to place orders and pay for food, drinks and other merchandise through the Site and the Service at third-party establishments like bars and restaurants. SubtleData may provide third parties with information regarding your purchases through the Site or Service. This information may include, but shall not be limited to, your name, address, telephone number and email address, as well as details of your purchase, which may include, but shall not be limited to, the items you purchased through the Site or the Service, the date and time you purchased such items, any offer you responded to, and the dollar amount of your transaction.

Any emails or text messages sent to you by SubtleData offer you the option to be removed from the emailing list. You may request to be removed from our mailing or phone list at anytime. Also, you can edit personal information in your account with us, specifically your name, address, phone number, interest preferences and contact preferences through the Site or by contacting us at the phone number or mailing address listed at the end of this document.

2. TECHNOLOGY

We may use "cookie" technology. A cookie is a small amount of data sent by the Site and stored on your phone, mobile computing device or computer's hard drive that the Site can read and which helps us keep track of how you use the Site and the Service. Many web browsers automatically accept cookies by default, but contain an option for you to turn off the cookie acceptance if you prefer. If you turn off acceptance, there may be some features of the Site or the Service that will not be available to you and some webpages may not display properly. We do not allow unrelated third parties to set cookies via the Site.

SubtleData does not use electronic images known as web beacons or clear gifs to monitor the activity of the Site. Used in combination with cookies, a web beacon or clear gif is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, which is placed on a web site that is used to monitor and track behavior of the user visiting the web site.

3. LINKS

The Site may include links to other websites. We do not control the privacy policies of the destination sites. Once you leave our servers (you can check where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. If you can't find the privacy policy of any of these sites via a link from the site's homepage, you should contact the manager of that site for more information. SubtleData is not responsible for the privacy practices or the content of websites other than the Site.

4. SECURITY AND DISCLAIMER

Although we use security that we believe to be appropriate to protect your personal information, we do not guarantee that our security precautions will protect against, and we expressly disclaim any liability for, any loss, misuse, or alteration of your personal information.

PAYMENT TERMS

Establishments may pay a monthly service fee to use the SubtleData service. The service fee is paid in advance for the month. You can cancel at any time. If you cancel before the 5th business day of the month, your service stops at the end of the month. If you cancel after the 5th business day of the month, your service stops at the end of the following month.

All service fee refunds are paid via check from SubtleData.

Location Based Features
If you choose to select using the function of location based services within your device, SubtleData reserves the right to provide features and services based on your location. By sending information that reveals your actual location, SubtleData will utilize the information to process and personalize your requests. We also use the information for support, to develop new features, and to improve the overall quality of SubtleData products and services. We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience. We may share your information with certain third parties we use to perform certain functions. These third parties will be required to treat your information in accordance with the applicable SubtleData privacy policies.

Version: 4866-4355-7630, v. 3 last updated on 8/8/2011
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