Terms of Service
Last Updated: September 19, 2020
Terms of Service
Last Updated: September 19, 2020
Welcome to Share A Table App Services, owned and operated by SYZ Creations, LLC (“Share A Table App Services”, “Services”, “We”, “Us”, “Our”) mobile device software application (the “Share A Table App Software”), website, and any other mobile or web services or applications owned, controlled, or offered by SYZ Creations, LLC now or in the future (collectively, the “Share A Table App Services”). For clarity, any reference herein to “Share A Table App Services” includes the “Share A Table App Software.” Users who access, download, use, purchase and/or subscribe to the Share A Table App Services (collectively or individually “You” or “Your” or “User” or “Users”) must do so under the following Terms and Conditions of Service (this “Agreement”).These Terms apply to all visitors, users, and others who wish to access or use the Services.
If you disagree with any part of the Terms then you do not have permission to access the Services. By clicking “accept” or “agree” to the Terms, (1) you acknowledge that you have read, understand, and agree to be bound by the Terms, and (2) you represent and warrant that you are of legal age and capacity to consent thereto, and not prohibited by law from accessing or using the Services.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
YOUR ACCOUNT REGISTRATION
If You create an account on any of the Share A Table App Services (a “User Account”) and submit information to Us, You must ensure that such information is accurate and updated at all times. You may not use as a username any name that is offensive, vulgar or obscene.We have the right to terminate a username that violates any of these Terms at our exclusive discretion without notification to the User.
YOUR ACCOUNT USE
When You create an account with Us, you guarantee that You are above the age of 18, (or twenty-one (21) years in places where eighteen (18) years is not the age of majority) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, information may result in the immediate termination of your account on the Services. You are solely responsible for maintaining the confidentiality of Your Account and the information in Your account, and expected as otherwise required by law, you are solely responsible for all use of Your account, whether authorized by You or not. You agree to immediately notify SYZ Creations, LLC of any unauthorized use of Your account or any other breach of security related to the use of Your account or services. You also guarantee that You are authorized to use this application and that your user account has not been previously terminated for any violation of the Terms.
Accounts are for Your Use Only
You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username. You will not share or otherwise transfer Your User Account or credentials.
Security of Your Account
You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Share A Table App Services immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
Retaining Records of Your Account
Share A Table App Services has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Share A Table App Services. You are solely responsible for backing up Your data.
SYZ Creations, LLC is not responsible for your use of the Share-A-Table app services or for the actions of other users with whom you may exchange information or have contact. SYZ Creations, LLC does not conduct criminal or other background screenings of its users and does not verify the information provided by users. SYZ Creations, LLC will also not be responsible for activities or legal consequences of Your use in locations which may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of the Share-A-Table App Services in Your location and assess any potential adverse consequences.
Disclaimer on Location Data
Share A Table App Services are intended only as a personal, location-based Services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or incaccuracy of that application or the Share A Table App Services could lead directly to death, personal injury, or severe physical or property damage. Our Services are not suited or intended for any other type of business or enterprise use.
Modifications to Our Services/Agreement
We reserve the right, at Our discretion, to modify, add, or discontinue the Share A Table App Services or any portion thereof, at any time, for any reason, and without liability to You. However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. We reserve the right at any time to charge fees for access to all or portions of the Share A Table App Services and change any such pricing at any time. We reserve the right to modify, at Our sole discretion, any of the provisions contemplated in this Agreement at any time and for any reason whatsoever, regardless of Your previous approval.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SYZ Creations, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SYZ Creations, LLC. Any user violation of SYZ Creations, LLC and Share-A-Table Application Terms will be litigated. The user will be responsible for any and all attorney’s fees and other costs incurred as a result of its violation of trademark, and other laws of both the United States and foreign countries.
User Content & Account Banning
Share A Table App may require that You delete, or Share A Table App may delete, any User Content at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by SYZ Creations, LLC, may result in Your User Account being banned and may lead to the termination of Your access to the Share A Table App Services.
You understand and agree to the following terms regarding prohibited conduct and use:
You will NOT use the Share A Table App Services or any information displayed within the Share A Table App Services to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
You will NOT include offensive or pornographic materials, or materials that are harmful in Your Share A Table App Services personal profile page;
You will NOT use the Share A Table App Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You will use the Share A Table App Services for personal, non-commercial use only in the manner and for the purposes that We intend; (Excludes established and incorporated Restaurants.)
You will NOT use the Share A Table App Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Share A Table App Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies; (Excludes established and incorporated Restaurants.)
You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Share A Table App User Accounts of other Users;
You will NOT misrepresent the source, identity or content of information transmitted via the Share A Table App Services;
You will NOT display the Share A Table App or profile data on any external display or monitor or in any public setting;
You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Share A Table App Services, features that prevent or restrict use or copying of any content accessible through the Share A Table App Services, or features that enforce limitations on use of the Share A Table App Services;
You will NOT intentionally interfere with or damage operation of the Share A Table App Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
You will NOT use the Share A Table App Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar
You will NOT use the Share A Table App Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Share A Table App Services could lead to death, personal injury, or physical or property damage;
You will NOT attempt to gain unauthorized access to the Share A Table App Services, or any part of it, other accounts, computer systems or networks connected to the Share A Table App Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Share A Table App Services or any activities conducted on the Share A Table App Service;
You will NOT probe, scan, or test the vulnerability of the Share A Table App Services or any system or network; use any robot, spider, scraper or other automated means to access the Share A Table App Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures that We may use to prevent or restrict access to the Share A Table App Services; modify the Share A Table App Services in any manner or form; use or develop any application or other product that interacts with the Share A Table App Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the Share A Table App Services, including for the purpose of obtaining unauthorized access to the Share A Table App Services; and
You will NOT interfere with anyone’s ability to use or enjoy the Share A Table App Service, or aid or encourage any activity prohibited by this Agreement.
Certain Services may be available only through creation of a User Account and payment of a fee (‘Premium Access’). Through such accounts, You will have access to such ‘Premium Access’ Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each ‘Premium Access’ Services offering will be provided within the Share A Table App Services or otherwise where the ‘Premium Access’ Services are offered. ‘Premium Access’ Services automatically renew continuously at the end of your subscription period, and your payment method will be charged the then-current renewal price (plus applicable taxes) automatically, without any additional action by You. You acknowledge and agree that the ‘Premium Access’ Services automatically renew unless you cancel them or we suspend or terminate them.You may cancel your ‘Premium Access’ Services at any time, subject to Our Terms in this agreement. There are no cancellation fees.
Access to Share A Table App ‘Premium Access’ Services may from time to time be made available on a time-limited free trial basis (a ‘Trial’ or ‘Trial Premium Access’). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. ‘Trial Premium Access’ is not available to former Users of ‘Premium Access’ Services or Users who have previously received a free trial and cancelled it prior to paying for ‘Premium Access’ Services.
We reserve the right to correct errors or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
Share A Table App Services may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by SYZ Creations, LLC at any time in Our sole discretion.
Payments Are Non-Refundable
Unless expressly provided otherwise in this Agreement, any and all payments made to Share A Table App Services are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise provided in this Agreement.
Unless specified otherwise at the time of purchase, all payments to Share A Table App Services are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
You acknowledge that some of the Share A Table App Services may only be accessed by downloading the Share A Table App Software to a mobile device. You will not have the opportunity to view Your User Content unless You have downloaded the Share A Table App Software and registered an account.
Share A Table App Services reserves the right, but has no obligation, to monitor any User’s use of the Share A Table App Servces, including a User’s registration or messaging, as well as a User’s use of or access to the location information and profiles of other Users. Hence, Share A Table App Services also reserves the right to, but has no obligation, (a)disable any User’s use of or access to the Share A Table App Services, including the location information or profiles of other users OR (b)terminate any User’s account, for any reason and without any notice OR our being liable to you.
You alone are responsible for Your involvement with other Users and for all content and material that You provide to the Share A Table App Services. You agree that Share A Table App will not be responsible for any loss or damage incurred as the result of any such interactions. Share A Table App reserves the right, but has no obligation, to monitor disagreements between You and other Users.
Share A Table App does not control the content of User Accounts and profiles. Share A Table App has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Share A Table App Services.
Our Refusal OR Suspension of Your Service
You may terminate Your Account at any time for any reason. Upon the cancellation of Your account, this Agreement will immediately terminated.
If You have a User Account set up for recurring billing for a ‘Premium Access’ Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid.
Share A Table App Services may suspend or terminate any User Account You have with the Share A Table App Services or Your access to or use of the Share A Table App Services or any portion thereof, if Share A Table App believes that Your profile content or Your conduct within the Share A Table App Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion. Share A Table App may also remove and discard all or any part of Your User Account or any User Content at any time. You agree that any termination of Your access to the Share A Table App Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that Share A Table App will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Agreement. Without limitation of Our other rights, We reserve the right to delete all Your User Content from the Share A Table App Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Share A Table App Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Share A Table App may have at law or in equity.
If your conduct violates Our Terms of Service, Share A Table App Services may suspend or terminate Your access to the Share A Table App Services or any User Account immediately.
If Share A Table App Services terminates Your access to the Share A Table App Services or any User Account because You have violated Our Terms of Service, SYZ Creations, LLC will be entitled to retain the amounts that You paid for the Share A Table App Services.
You acknowledge and agree that Google, Apple, or another third-party platform provider may be the merchant of record for transactions involving the Share A Table App Services. As such, you may need to request any refund to which You are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable).
If You believe that Share A Table App has suspended or terminated Your User Account in error, You may contact Us (see below).
Our Services allows You and other Users to connect, post, link, store, share, and otherwise make available certain information, text, graphics, videos, photographs of ‘food-related/social dining experiences’ ONLY ("Content"). You are responsible for the content and material (“Content”) you post on or through the Service, including its legality, reliability, and appropriateness.
You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Share A Table App Services to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Share A Table App Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Share A Table App Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You understand that when using the Share A Table App Services, You will be exposed to User Content from a variety of sources, and that Share A Table App is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third party posts on or through the Service. However, by posting Content using the Services You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all Content provided by users. We have the exclusive right to remove any content and material without the user’s permission or authorization at our discretion without notification to the user. We have the exclusive authorization to terminate the account of any users for any content that violates any Federal, State, Rule, Ordinance, or other regulation or the policies and Terms as stated herein.
In addition, content found on or through this Services is the property of SYZ Creations, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Share A Table App assumes no responsibility whatsoever in connection with or arising from User Content. Share A Table App assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Share A Table App chooses, in its sole discretion, to monitor User Content, Share A Table App nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Share A Table App does not endorse and has no control over the content of User Content submitted by other Users. Share A Table App makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Share A Table App reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
User Content is owned by the User who submitted it, subject to Share A Table App’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
You hereby grant, and You represent and warrant that You have the right to grant, to Share A Table App Services an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Share A Table App Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to SYZ Creations, LLC, in connection with a sale of Share A Table App or the assets of SYZ Creations, LLC, the right to sell or transfer the User Content to a third party.
If You provide SYZ Creations, LLC with any feedback or suggestions regarding the Share A Table App Services (“Feedback”), You hereby grant SYZ Creations, LLC the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. Share A Table App will treat any Feedback You provide to Share A Table App as non-confidential and non-proprietary to You. SYZ Creations, LLC will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Share A Table App any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
Links to Other Web Sites
Our Services may contain links to third party web sites or services that are not owned or controlled by SYZ Creations, LLC . We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SYZ Creations, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We advise You to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Share A Table App Services and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You. (Please refer to our ‘Advertising Policies’)
Subject to Your compliance with the terms of this Agreement, SYZ Creations, LLC hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Share A Table App Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Share A Table App Services for Your personal, noncommercial use for the use intended by SYZ Creations, LLC.
You acknowledge that SYZ Creations, LLC may from time to time issue upgraded versions of the Share A Table App Services, and may automatically electronically upgrade the version of the Share A Table App Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that SYZ Creations, LLC will not be liable to You for any such upgrades.
The foregoing license granted under this Agreement is not a sale of the Share A Table App Services or any copy thereof and SYZ Creations, LLC or its third-party partners or suppliers retain all right, title, and interest in the Share A Table App Services. Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SYZ Creations, LLC reserves all rights not expressly granted under this Agreement.
Trademarks, Service Marks and Logos
The names and logos associated with the Share A Table App Services are the property of SYZ Creations, LLC. No use of these marks is permitted except through the prior written authorization and permission of SYZ Creations, LLC. All rights reserved.
The Share A Table App Services originate in the United States and are subject to United States export laws and regulations. You agree to comply with all United States and foreign laws related to use of the Share A Table App Services.
You acknowledge and agree that the availability of the Share A Table App Services is dependent on the third party from which You received the Share A Table App Services. You acknowledge that this Agreement is between You and Share A Table App, owned and operated by SYZ Creations, LLC, and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the Share A Table App Services from it. You agree to comply with, and Your license to use the Share A Table App Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.
You Release Us
To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other Share A Table App Services Users, Restaurants, or (2) any third-party site, products, services, and links included on or accessed through the Share A Table App Service.
You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using Share A Table App Software.
Special State Terms Regarding Your Right To Cancel
The following provisions are added to this Agreement for paid subscription Users residing in states with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to the address listed below.
In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are not able to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing SYZ Creations, LLC a notice.
Severability, Waiver of Agreement Provisions. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
SYZ Creations, LLC may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Share A Table App Services. You hereby consent to the use of electronic communications. You may give SYZ Creations, LLC a notice through the physical and email address and such notice will be effective upon receipt.
You May Not Assign, But SYZ Creations, LLC May
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, SYZ Creations, LLC may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
No Third-Party Beneficiaries
SYZ Creations, LLC’s past, present, and future affiliates are third-party beneficiaries of all the rights, protections, and benefits afforded SYZ Creations, LLC under this Agreement. Otherwise, there are no third-party beneficiaries to this Agreement.
SYZ Creations, LLC coordinates restaurant reservations for multiple members through the Share-A-Table application for the purpose of connecting Users and exploring new restaurant experiences at participating third-party restaurants (“Restaurants”). (In response to a request, Share-A-Table application could generate restaurant and member matches based on your interactions and selections in the application in the future.) In response to a User’s request, Share-A-Table application will contact other members and Restaurants’ computerized database of reservations and waitlists, as applicable. The availability of reservations, estimated wait time or place in line on a waitlist is determined at the time of the User’s inquiry and is based on information provided to Share-A-Table application by the Restaurants and other Users. Once a reservation or waitlist request is made by User through the Share-A-Table application, Restaurants should provide confirmation of the reservation or waitlist and meeting details through the application, email or other electronic messages as agreed to by User. By using the Share-A-Table application, User agrees to receive reservation, waitlist confirmations, and meeting details, confirmation, updates, modifications, and cancellations by email or other electronic messages.
SYZ Creations, LLC’s goal is to provide quality services to Users and Restaurants through its Share-A-Table mobile application. In an effort to maintain our quality services to both Users and Restaurants, Users must cancel any reservations that they will be unable to honor at least 60 minutes in advance of the reservation. Users may cancel their reservation via the Share-A-Table application or by calling the Restaurants directly. Some Restaurants may require a debit or credit card number to finalize your reservation. In order to use the Services, you must provide a valid debit or credit card information directly to the Restaurant. You will be subject to the Restaurant’s terms and policies regarding any financial information provided thereto.
Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. Your Account could be suspended if you are a no-show for four reservations within a 12-month period, no matter the circumstances. User agrees that all final account suspensions for no-show determinations will be made by us in our sole discretion. If you want to remove yourself from a waitlist or member list you have joined through the waitlist services, you can do so by managing your place in line through the Share-A-Table application or by calling the Restaurant directly. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing you and your group’s place on the waitlist for other guests or removing you entirely. SYZ Creations, LLC will not be responsible or liable, directly or indirectly, for any reservations that are accepted/rejected/canceled by the Restaurant.
Restaurants Release Us
Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or from any promotion, offer, product or service of any Restaurant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the SYZ Creations, LLC from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A LOUISIANA RESIDENT, YOU HEREBY WAIVE RELEVANT SECTIONS OF THE LOUISIANA CODE WHICH REFER TO THE LAWS GOVERNING GENERAL RELEASE EXTENSION TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the SYZ Creations, LLC regarding the subject matter of this Section.
The Service is offered solely for User’s personal use for the purposes described in these Terms. Any and all other uses are prohibited. SYZ Creations, LLC expressly reserves all its rights and remedies under applicable laws, including state, federal, and provincial/territorial laws. We reserve the right, in our sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Share-A-Table application Content, except as expressly authorized by SYZ Creations, LLC in writing; (2) take any action that imposes or may impose an unreasonable or a disproportionately large load on the Services or Share-A-Table application infrastructure to be determined only by SYZ Creations, LLC; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Share-A-Table application Content to third parties; (5) use any portion of the Services or Share-A-Table application, content to provide, or incorporate any portion of the Services or Share-A-Table application into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly authorized by SYZ Creations, LLC in writing; (7) modify any Services or Share-a-Table application or create any derivative product from any of the foregoing; (8)remove or obscure any proprietary or other notices contained in the Services or Share-a-Table application Content; (9) use the Services or Share-a-Table application Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Content or access or use the Services or Share-A-Table application for competitive analysis or benchmarking purposes.
Share-a-Table application may be accessible worldwide; however, not all features or services discussed, referenced, provided or offered through the application are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SYZ Creations, LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. Any reuse of service, however will invalidate the termination and the user’s acceptance of and compliance with these Terms will be uninterrupted.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SYZ Creations, LLC may suspend your ability to use all or any portion of the Services or may terminate these Services effective immediately, without notice or explanation. SYZ Creations, LLC may suspend your access to the Services if we believe you to be in violation of any part of these Terms.
After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that SYZ Creations, LLC will not be liable to you for any termination of the services, effects of any termination of these services. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account. SYZ Creations, LLC will not be responsible for any loss or deletion of content in any suspension or termination.
Reviews, Comments, Communications
The Services may permit you to submit, transmit, post or otherwise provide content, including but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any User Content shall not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal, activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and shall not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The username you choose may be displayed publicly with such User Content. SYZ Creations, LLC has the right to monitor, remove, or edit User Content in SYZ Creations, LLC’s sole discretion, including if User Content violates these Terms. SYZ Creations, LLC has no obligation to monitor, remove or edit any User Content. SYZ Creations, LLC may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant SYZ Creations, LLC exclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of SYZ Creations, LLC. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. SYZ Creations, LLC takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality of User Content.
Except as expressly specified SYZ Creations, LLC will never be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) these Terms, and the changes thereto, (2) any use of the Share-A-Table application, website, services, the Share-A-Table application content, or the User Content, (3) any failure or delay (including, but not limited to, the use or inability to use any Component of any of the services), or (4) your visit to any Restaurant or the performance, non-performance, conduct, or policies of any restaurant or merchant in connection with the Services. Also, you specifically understand and agree that any third party directing you to the Share-A-Table application or website site by referral, link, or any other means is not liable to User for any reason, including but not limited to, damages or loss associated with the use of the Services. SYZ Creations, LLC is neither an agent of nor otherwise associated with any Restaurant or User for which a User has made a reservation, claimed an offer or promotion, or paid a bill using the payment services.
If the disclaimer of direct damages or a portion thereof is not enforceable at Law, except as otherwise expressly set forth in the Terms, you expressly agree that our liability to you (for any cause and regardless of the form of the action) will at all times be limited to fifty USA dollars ($50).
You and SYZ Creations, LLC understand and agree that the disclaimers, exclusions, and limitations are essential elements of this agreement. They represent a reasonable allocation of risk. In particular, you understand that SYZ Creations, LLC would be unable to make the services available to you except on these Terms and agree that this agreement will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
Disclaimer of Warranties
You understand that use of the services is at your own risk and SYZ Creations, LLC cannot guarantee that the Services will be uninterrupted or error-free. The services, all Share-A-Table application content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “as is” basis and without warranty. SYZ Creations, LLC expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. SYZ Creations, LLC does not warrant that your use of the services will be uninterrupted or error-free, that SYZ Creations, LLC will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. SYZ Creations, LLC will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of SYZ Creations, LLC. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be Limited to the maximum extent permitted by law.
These Terms shall be governed and construed in accordance with the laws of the United States and applicable laws of the State of Louisiana, without regard to its conflict of law provisions.
Our failure to enforce any of these Terms is not a waiver of the Terms rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
We reserve the right, at our sole discretion, to modify or replace any Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Communications and Correspondence
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving these communications from us by following the ‘unsubscribe’ link or instructions provided in any email we send.
SYZ Creations, LLC’s contact information for any end-user questions, complaints or claims with respect to Share A Table App Software is: Share A Table App; 7707 Bluebonnet Blvd, #315; Baton Rouge, LA 70810