Terms of Service
The following terms and conditions (collectively, these “Terms of Service”, “Terms” or “ToS”) apply to your use of Inthe561.com, including any content, functionality and services offered on or via Inthe561.com (the “Website”, “We”, “Us” or the “Service(s)”) and any related mobile or software applications.
1. CHANGES to the TERMS OF SERVICE
We reserve the right to make changes to, or suspend or discontinue the Website or any portion of the Website. You agree that we will not be liable to you or any party due to any changes, suspension, or discontinuance of the Website. We will update these Terms of Service from time to time, at our discretion. As we change, we hope to make the user experience better. Your continued use of the Website will mean that you are still in agreement of the Terms of Service.
2. REGISTRATION & LOGGING IN
Certain features of the Website require you to register by entering your email or choosing a User ID and by setting a password as part of our security procedures. You must safely guard this confidential information. We recommend that you choose a very strong password and that you sign out of your account after every visit. We require that any information you provide as part of the sign up process be complete, true and accurate. You agree to keep this information current at all times.
Certain features of the Website will require you to log in using your User ID and password. You must take measures to securely protect your log in information. You are responsible for any activity on the Website when the Website is accessed through your account, whether you authorized it or not. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are creating a business account then you represent to us that you are the owner or authorized agent of such business. You acknowledge that any false business listing may cause the Website or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Inthe561.com account for any purpose and that you will be liable for such unauthorized access.
Only persons living in the United States of America are permitted to create an account at the present time. We also do not permit use of any anonymous email accounts. If you use an anonymous email service to register with us, your account will be terminated without notice and any content you provide will be deleted permanently.
3. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the ToS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the ToS. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
4. RULES of CONDUCT & CONTENT
We have some Conduct & Content Standards that you must follow when you use the Website. You must not:
attempt to collect information from the Website using any automated software tool
attempt to use any automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website
attempt to download, store or transmit copies of streamed content
attempt to obtain access to areas of the Website (or our servers) that are not intended for you to be able to access
attempt to impersonate any other person
attempt to overload, disrupt or harm the Website or any of its servers
attempt to reverse engineer the Website
restrict or inhibit another user or users
If you post anything to the Website, make sure not to post anything that:
contains defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or other harmful language,
is negative and/or untrue about another person or entity,
is fraudulent, unlawful, threatening, or discriminatory,
uses racially objectionable language,
infringes any third party intellectual property rights,
contains any information that you do not have a right to make available,
advertises or solicits business for products or services other than those that are offered and promoted on the Website,
contains any harmful content or code.
You are purchasing access to the Service on a subscription basis (a “Subscription”) and you agree to pay a subscription fee (“Subscription Fee”) until such time as your account has been deactivated and/or your access to the Service terminated (such period is referred to as the “Subscription Term”). A Subscription automatically renews until cancelled by you. We will notify you if the price of your Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the then-current Subscription Term.
We may offer a free trial to the Service prior to charging your payment method. If we offer a free trial to the Service and you decide to unsubscribe before we charge your payment method, you are required to cancel the subscription before the free trial period ends. If you do not cancel the subscription before the free trial period ends, you will be billed for the plan starting on the day the free trial period ends. We will not be required to refund the Subscription Fee under any circumstances.
We use Paypal as our primary form of payment processing. When signing up with the Website to list your business in our directory, you will be authorizing Paypal to set up a recurring payment depending on the plan you have chosen. If you cancel this recurring payment, we may deactivate your account and/or terminate your access to the Service. If you would like to cancel this recurring payment, you must notify Paypal as well as us. If you cancel with us and not Paypal, you may be charged according to the recurring payment schedule you have set up when registering with us. For more information regarding recurring payments with Paypal, you can visit their website at https://paypal.com.
If you do not have a Paypal account or would simply prefer to pay by credit card we can accommodate that also. You must enter a valid credit card when you purchase your plan and you must always provide us with a valid credit card to be on file in order to keep the Service active. If you do not have a valid credit card on file with us, we may deactivate your account and/or terminate your access to the Service. All fees and charges incurred in connection with your account will be billed to the credit card designated during the registration process or subsequently designated by you to us. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service or the Inthe561.com website using your username and password without your authorization, you may change your credit card details by contacting email@example.com and requesting an update to your credit card on file.
The Service is billed in advance on a 6 month, 12 month, or otherwise defined term or period of time basis and is non-refundable. The specific period of time is based on the plan that you select and will be specified in your order. Unless specifically stated herein, under no circumstances will we give Customer a refund or credit, including but not limited to instances where Customer does not use the Service or uses the Service during a portion, but not the entirety, of the Subscription Term.
We may charge you one-time (i) set up fee to set up your account, and/or (ii) custom feature fees depending on which options and/or features that you select. All fees are specified in your order and are subject to change. We will notify you if the price of any fee increases and, if required, seek your consent to continue.
Promotions, discounts, deals, and/or additional offers may not be applied after a sale or transaction has been completed.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. In the event that you are delinquent in making payments to us, we may bill you on a daily basis until payment in full of all amounts due to us have been made. You may incur fees, expenses and/or charges relating to or arising from our daily billing practice. You hereby agree and acknowledge that you shall be responsible for any and all fees and/or expenses charged by your merchant processor and/or bank, including but not limited to any and all overdraft fees or expenses, whether or not the same relates to or arises from this daily billing practice.
For any upgrade or downgrade in your account, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded. Downgrading your account may cause the loss of features of the Service. Customer agrees and acknowledges that we are not liable for any such loss.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
6. OWNERSHIP of InThe561.com CONTENT and PROPRIETARY RIGHTS
We are the sole and exclusive copyright owners of the Service and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights.
You agree to protect the Website’s proprietary rights and the proprietary rights of all others having rights in the Service(s) during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service(s).
You agree that you will not use any framing techniques to enclose any logo or trademark or other proprietary information of the Website. You also agree not to remove, conceal or obliterate any copyright or other source identifier in any way. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking any and all remedies under applicable laws.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Service will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any potential infringement by the Website of any copyright, trademark, or other intellectual, or common law rights.
7. OWNERSHIP of YOUR or USER CONTENT
We claim no intellectual property rights over the User Content. Your content remains yours. However, you agree to allow others to view your content. You grant us(InThe561.com) a royalty free, perpetual, irrevocable, transferable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose existing now or in the future. You grant us the right to use the name or username that you submit in connection with Your Content. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You irrevocably waive, any claims and assertions of moral rights or attribution with respect to Your Content brought against the Website, its Users, and/or any third party services and their users.
8. RESPONSIBILITY of YOUR or USER CONTENT
You alone are solely responsible for the material you post or otherwise make publicly available on the Website. You warrant that you are the sole author of and owner of Your Content. You alone are responsible for determining the credibility of other user postings. We do not control the content that you or others may post or otherwise make available in the Website. We do not guarantee that any content will be made available on the Website. You understand and agree that we have no obligation to monitor any content, or to edit and/or delete it. However, we reserve the right to monitor, edit or delete user content we deem necessary in our sole discretion. We are not responsible for any user’s content accuracy or legality.
9. COPYRIGHT INFRINGEMENT
We reserve the right to disclose user information when required to do so by law, including in response to a law enforcement request that is supported by a valid court order. You agree to hold the Website harmless from any claims resulting from any action taken by the Website during or as a result of any investigations by either the Website or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written take down notice including the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice can be sent to us electronically through our Support form, or via email at firstname.lastname@example.org.
10. SUSPENSION or TERMINATION of ACCESS
We reserve the right, to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time, without prior notice and for any reason (or for no reason), including for any violation by you of these Terms of Service. In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
11. LINKS TO OTHER SITES
12. WAIVER and SEVERABILITY CLAUSE
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and inthe561.com and will be governed by the laws of the United States and the State of Florida, superseding any prior agreements (including, but not limited to, any prior versions of the ToS). No waiver of a breach of this ToS will constitute a waiver of any other breach of this ToS. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
13. DISCLAIMERS and LIMITATIONS OF LIABILITY
Your use of the Website is solely at your own risk. The service is provided “as is” and “as available”.
We disclaim any and all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranties that the information on the Website will be accurate or up-to-date.
We make no warranties that the Website or the information stored on it will be secure from unauthorized access.
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.
If you are dissatisfied with the Website, or any materials, products, or services of the Website, you should immediately discontinue your use of the Website.
We will need to communicate with you sometimes. We will try to keep the emails to a minimum and when we can we will let you opt out. We will send you email relating to your activity on the Website.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the ToS by sending an email to email@example.com.
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.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce the ToS, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of the ToS:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay us five hundred dollars ($500) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If we establish limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay us one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access the Service in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to any email addresses or through our computer systems, you agree to pay us one thousand dollars ($1,000) for each such email.
If you post Content in violation of the ToS, other than as described above, you agree to pay us one hundred dollars ($100) for each item of Content posted. In its sole discretion, we may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the ToS, in addition to any liquidated damages specified above, you agree to pay us one hundred dollars ($100) for each and every item of Content posted in violation of the ToS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the ToS) agrees to pay us an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the ToS.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the ToS without our prior written consent, you agree to pay us five thousand dollars ($5,000) for each instance in which you engage in such conduct.
Notwithstanding any other provision of the ToS, we retain the right to seek the remedy of specific performance of any term contained in the ToS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the ToS, or to seek to recover damages arising from or relating to a violation of this ToS or any combination thereof.
17. USER REVIEWS AND/OR COMMENTS
- User reviews or ratings for Restaurants do not reflect the opinion of Inthe561. Inthe561 allows reviews or ratings for Businesses by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Inthe561 is the personal opinion of the user/reviewer only. Inthe561 is a neutral platform, which solely provides a means of communication between users/reviewers including users or business owners/representatives with access to their business page.
- We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the business does not consider to be true, the best option for the business representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Business believes that any particular user’s review violates any of the Inthe561’s policies, the Business may write to us at firstname.lastname@example.org and bring such violation to our attention. Inthe561 may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
18. GEOGRAPHICAL LIMITATIONS
The Website is meant solely for the purpose of promoting products and services available in the United States of America. If you choose to access the Website from locations other than the United States of America, you are responsible for compliance with all laws.