Supper Club App's products and services are provided by Supper Club
App, LLC. These Terms of Service ("Terms") govern your access to and
use of Supper Club App's mobile application, website, products, and services
("Products"). Please read these Terms carefully, and contact us if
you have any questions. By accessing or using our Products, you agree to be
bound by these Terms and by our Privacy Policy which is stated separately.
a. Who can use Supper Club App
You may use our Products only if you can form a binding contract
with Supper Club App, and only in compliance with these Terms and all
applicable laws. When you create your Supper Club App account, you must provide
us with accurate and complete information. Any use or access by anyone under
the age of 13 is prohibited. If you open an account on behalf of a company,
organization, or other entity, then (a) "you" includes you and that
entity, and (b) you represent and warrant that you are authorized to grant all
permissions and licenses provided in these Terms and bind the entity to these
Terms, and that you agree to these Terms on the entity's behalf. Some of our
Products may be software that is downloaded to your computer, phone, tablet, or
other device. You agree that we may automatically upgrade those Products, and
these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited,
non-exclusive, non-transferable, and revocable license to use our Products.
a. Posting content
Supper Club App allows you to post content, including photos,
comments, links, and other materials. Anything that you post or otherwise make
available on our Products is referred to as "User Content." You
retain all rights in, and are solely responsible for, the User Content you post
to Supper Club App.
b. How Supper Club App and other users can use your content
You grant Supper Club App and its users a non-exclusive,
royalty-free, transferable, sublicensable, worldwide
license to use, store, display, reproduce, re-post, modify, create derivative
works, perform, and distribute your User Content on Supper Club App solely for
the purposes of operating, developing, providing, and using the Supper Club App
Products. Nothing in these Terms shall restrict other legal rights Supper Club
App may have to User Content, for example under other licenses. We reserve the
right to remove or modify User Content for any reason,
including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you
remove any User Content from Supper Club App, we may retain your User Content
for a commercially reasonable period of time for backup, archival, or audit
purposes. Furthermore, Supper Club App and its users may retain and continue to
use, store, display, reproduce, re-post, modify, create derivative works,
perform, and distribute any of your User Content that other users have stored
or shared through Supper Club App.
d. Feedback you provide
We value hearing from our users. If you choose to submit comments,
ideas or feedback, you agree that we are free to use them without any
restriction or compensation to you. By accepting your submission, Supper Club
App does not waive any rights to use similar or related feedback previously
known to Supper Club App, or developed by its employees, or obtained from
sources other than you.
Supper Club App respects the intellectual property rights of others
and expects its users to do the same. It is Supper Club App's policy, in
appropriate circumstances and at its discretion, to disable and/or terminate
the accounts of users who repeatedly infringe or are repeatedly charged with
infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the
text of which may be found on the U.S. Copyright Office website at
http://www.copyright.gov/
legislation/dmca.pdf, Supper Club App will respond
expeditiously to claims of copyright infringement committed using the Supper
Club App mobile application or website (collectively, the "Site")
that are reported to Supper Club App's Designated Copyright Agent, identified
in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of
one, or authorized to act under any exclusive right under copyright, please
report alleged copyright infringements taking place on or through the Site by
completing the following DMCA Notice of Alleged Infringement and delivering it
to Supper Club App's Designated Copyright Agent. Upon receipt of the Notice as
described below, Supper Club App will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged material
from the Site.
DMCA Notice of Alleged Infringement ("Notice").
Deliver this Notice, with all items completed, to Supper Club App’s
Designated Copyright Agent:
Supper Club App Copyright Agent
1923 Queens Road
Charlotte, NC 28207
United States
Email: clucas@supperclubapp.com
Phone: 7049969541
We care about the security of our users. While we work to protect
the security of your content and account, Supper Club App cannot guarantee that
unauthorized third parties will not be able to defeat our security measures.
Please notify us immediately of any compromise or unauthorized use of your
account.
Our Products may contain links to third-party websites, mobile
applications, advertisers, services, special offers, or other events or
activities that are not owned or controlled by Supper Club App. We do not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access any third party
website, service, or content from Supper Club App, you do so at your own risk
and you agree that Supper Club App will have no liability arising from your use
of or access to any third-party website, service, or content.
Supper Club App may terminate or suspend this license at any time,
with or without cause or notice to you. Upon termination, you continue to be
bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial purposes in violation of
Section 1(c), as determined in our sole and absolute discretion, you agree to
indemnify and hold harmless Supper Club App and its officers, directors,
employees and agents, from and against any claims, suits, proceedings,
disputes, demands, liabilities, damages, losses, costs and expenses, including,
without limitation, reasonable legal and accounting fees (including costs of
defense of claims, suits or proceedings brought by third parties), in any way
related to (a) your access to or use of our Products, (b) your User Content, or
(c) your breach of any of these Terms.
The Products and all included content are provided on an "as
is" basis without warranty of any kind, whether express or implied.
SUPPER CLUB APP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE.
Supper Club App takes no responsibility and assumes no liability for
any User Content that you or any other user or third party posts or transmits
using our Products. You understand and agree that you may be exposed to User
Content that is inaccurate, objectionable, inappropriate for children, or
otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPER CLUB APP SHALL 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SUPPER CLUB APP’s AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S.
DOLLARS (U.S. $100.00).
For any dispute you have with Supper Club App, you agree to first
contact us and attempt to resolve the dispute with us informally. If Supper
Club App has not been able to resolve the dispute with you informally, we each
agree to resolve any claim, dispute, or controversy (excluding claims for
injunctive or other equitable relief) arising out of or in connection with or
relating to these Terms by binding arbitration by the American Arbitration
Association ("AAA") under the Commercial Arbitration Rules and
Supplementary Procedures for Consumer Related Disputes then in effect for the AAA,
except as provided herein. Unless you and Supper Club App agree otherwise, the
arbitration will be conducted in the county where you reside. Each party will
be responsible for paying any AAA filing, administrative and arbitrator fees in
accordance with AAA rules, except that Supper Club App will pay for your
reasonable filing, administrative, and arbitrator fees if your claim for
damages does not exceed $75,000 and is non-frivolous (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)). The award
rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys' fees and reasonable costs for expert and other witnesses, and any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. Nothing in this Section shall prevent either party from
seeking injunctive or other equitable relief from the courts for matters
related to data security, intellectual property or unauthorized access to the
Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE
MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS,
YOU AND SUPPER CLUB APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of North
Carolina, without respect to its conflict of laws principles. We each agree to
submit to the personal jurisdiction of a state court located in Mecklenburg
County, North Carolina or the United States District Court for the Western District
of North Carolina, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and
we make no representations that they are appropriate or available for use in
other locations.
Notification Procedures and changes to these Terms. Supper Club App reserves the right to determine the form and means
of providing notifications to you, and you agree to receive legal notices
electronically if we so choose. We may revise these Terms from time to time and
the most current version will always be posted on our Site. If a revision, in
our sole discretion, is material we will notify you. By continuing to access or
use the Products after revisions become effective, you agree to be bound by the
revised Terms. If you do not agree to the new terms, please stop using the
Products.
Assignment. These Terms, and any
rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Supper Club App without restriction. Any attempted
transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability.
These Terms, together with the Privacy Policy (which is stated separately and
available on the Site) and any amendments and any additional agreements you may
enter into with Supper Club App in connection with the Products, shall
constitute the entire agreement between you and Supper Club App concerning the
Products. If any provision of these Terms is deemed invalid, then that
provision will be limited or eliminated to the minimum extent necessary, and
the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of
these Terms shall be deemed a further or continuing waiver of such term or any
other term, and Supper Club App's failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or provision.
Similar to dinner parties, with the exception that Supper Clubs typically meet regularly instead of randomly. Creating imaginative events such as themed dinners, pot-luck dinners, music brunches, restaurant outings, bread-making courses, picnics and much more. The possibilities are endless.
If you love to cook, eat, and try different cuisines, a supper club may be the perfect activity for you. Supper clubs are a popular way for individuals to combine their love of food and cooking, with socializing among like-minded friends.
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