1. About the Site
Our Site is a platform through which merchants ("Merchants") offer vouchers for goods, services or experiences ("Vouchers"), sell gift cards ("Merchant Gift Cards") and provide coupon and discount offers (collectively, "Merchant Offers"). Merchants are the sellers and issuers all Merchant Offers. The individual Merchant is solely responsible to you for the care and quality of the goods and services it provides. In addition, the Site also provides a platform through which you may purchase products or services directly from AllstarMenus and participate in other AllstarMenus programs.
Any and all Merchant Offers, Products, Service or programs and pricing on the Site may change at any time without notice.
2. Ownership of the Site
3. Use of the Site
The following conditions apply to Your use of the site.
You are at least 18 years of age and You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
Your purchases comply with the terms of the respective offers;
Your purchases are for your own use or as a gift for another person;
You are not prohibited for any reason from providing any and all information you submit to the Site; Any information you provide is accurate, true, current and complete; You will maintain the accuracy of your information and update such information as needed to maintain its accuracy. If you information is found to be inaccurate or out of date We may close your account
You will only purchase Merchant Offers, Products or Service or participate in other available programs through Your account on the Site. Any purchase will be subject to the Terms of Sale established by the offering Merchant and as set forth herein.
4. Access to the Site
WE retain the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or access for purposes of maintenance, testing, security or the like and at times due to circumstances outside of our control. You agree that We have no reponsibility or liability to you for any such service outage.
6. Your Account
7. Your Conduct
We may terminate your account, restrict your access, and seek any available remedy for any conduct on your part that interferes with or restricts or inhibits any other user from using or enjoying any part of the Site, or interferes with the operation of the Site.
Submitting any content to the Site that:
Violates applicable law including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity, laws related to defamation, or anything that is obscene, abusive,, threatening or demeaning.
Contains personal information, except when we expressly ask you to provide such information;
Contains any type of viruse or malware;
Offers unauthorized downloads of any copyrighted, confidential or private information;
Has the effect of impersonating others;
Contains messages purporting to speak on behalf of AllStarMenus or provides confidential information concerning AllStarMenus
Contains chain letters of any kind;
Is intentionally false, misleading inaccurate, is a fraud or attempted fraud or falsifies information in connection with your account or creates or attempts to create multiple accounts or false accounts;
Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Attempting or doing any of the following:
Accessing data, logging into a server or an account which you lack authorization to access;
Scanning or monitoring the Site to gather information regarding sales, usage, aggregate offering information, pricing information or similar data;
Hacking, scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
Interfering with the Sites operation in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, "flood," "spam," "mail bomb" or "crash" the Site.
Using any of the following:
Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
Any Site content, including without limitation User Content (defined below), in any meta tags or any other "hidden text" techniques or technologies without our express written permission;
The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with STARMASSEUSE; or
The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with AllStarMenus, including, without limitation, aggregating current or previously offered deals.
Content from the Site in any manner that diverts traffic from the Site without our express written permission; or
Engaging in any of the following:
Collecting Personal Information (defined in our Privacy Statement), User Content or content of any consumers or Merchants. Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by AllStarMenus;
Taking and action that interferes with or that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Reselling or re-purposing your access to the Site or any purchases made through the Site;
Using any "robot," "spider," "scraper" or any other means or process to access the Site in an effort to collect information or to avoid offer restrictions or limitations unless done with our express written permission;
Bypassing or circumventing other measures we employ to manage access to the Site;
Aggregating any information from the Site with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
Hyperlinking to the Site from any other website without our initial and ongoing consent; or
Acting illegally or maliciously against the business interests or reputation of AllStarMenus, our Merchants or our services.
8. Your Privacy
9. Terms of Sale
10. Copyright and Trademarks
Material on this site is proprietary and is protected by copyrights, trademarks and other state and federal laws protecting such material. This material includes text, software, photos, video, graphics, music and sound as well as the entire contents of the Site. We own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Some material may be posted on our site under a license with the holder of a copyright or trademark. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law. No downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content is permitted without Our express written permission or the permission of the individual copyright owner. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Use of other marks on the site not owned by AllStarMenus may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of AllStarMenus unless otherwise stated, or may be the property of their respective owners. You may not use AllStarMens'S name, logos, trademarks or brands without AllSarMenu'S express permission.
12. User Content
Once you post User Content to our Site, we make no representations or warranties that you will be able modify or remove such content or that it will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of Your User Content.
User Content is public. Any person (whether or not a user of Our services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. We are not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by AllStarMenus. Other users may post User Content that is inaccurate, misleading or deceptive. We do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect our opinion. AllStarMenus does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.
You are responsible for any connection that you choose to make between your posted content and your Personal Information, or any portion of your Personal Information such as your name, initials, user-name, social networking website user account name, image, likeness, preferences, voice and location. You grant AllStarMenus a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, AllStarMenus shall have no obligation to use your Personal Information in connection with any User Content.
As between you and AllStarMenus, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant AllStarMenus a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Our license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals over 18 years old. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over 18 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least 18 years old. If you are under 18 years old, please notify us and we will take action.
13. Unsolicited Ideas
If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
We will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
We reserve the right to terminate your or any third-party's right to use the Site if such use infringes the copyrights of another. We may, under appropriate circumstances and at our discretion, terminate your or any third-party's right to access to the Site, for any reason or no reason. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Our attention, you must provide AllStarMenu'S DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The contact information for AllStarMenu's DMCA Agent for notice of claims of copyright infringement is:
150 Brookline ave
Boston Ma 02115
15. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER STARMASSEUSE, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, STARMASSEUSE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
16. Limitation of Liability
17. Electronic Communications
When you use the Site or send emails to US, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
18. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you. We do not endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release AllStarMenus from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offers and any conduct, speech or User Content, whether online or offline, of any other third-party.
20. Force Majeure
22. Entire Agreement
23. Choice of Law
AllStarMenus written agreement to arbitrate Disputes under the Federal Arbitration Act (Agreement. Any modification to this Agreement shall be in writing and signed by you and STARMASSEUSE. The arbitration will be administered by the American Arbitration Association (AAA and conducted before a single arbitrator pursuant to its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 24(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address:
150 Brookline ave
Boston Ma 02215
25. Additional Disclosures
You are contracting with AllStarMenus, Inc. Correspondence should be directed to:
150 Brookline ave
Boston Ma 02215
Refunds. Refunds will be made by placing a credit in your AllStarMenus account. Credit received as a refund does not expire. Unauthorized or fraudulent use, resale or distribution of such credit is prohibited. We reserve the right to cancel, revoke or otherwise prevent the issuance of such credit in cases of mistake and in any suspected case of unauthorized or fraudulent use.