Terms & Conditions
USING DONUTPROS.COM, DONUT.DELIVERY, AND DNTPRO.COM
OUR MATERIALS AND LICENSE TO YOU
With the exception of User Content (detailed below), the Websites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to Donut Pros™. The Websites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Websites and except for the trademarks, service marks, logos, and trade names of other companies that are or may be displayed on the Websites, all trademarks, service marks, logos, trade dress, and trade names are proprietary to Donut Pros™, including without limitation, Donut Pros™; Donut.Delivery; Dntpro.com. Please be advised that Donut Pros™ actively and aggressively enforces its intellectual property rights to the fullest extent of the law. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Websites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Websites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Websites should be interpreted as granting you any license or right to use any of the Materials and/or third-party proprietary content on the Websites without the express written permission of Donut Pros™ or the appropriate third-party owner, as applicable. If you download any software from the Websites, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Donut Pros™ reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Websites and/or services offered on or through the Websites (or any part thereof), including but not limited to the Websites' features, look and feel, and functional elements and related services.
YOUR CONTENT AND CONDUCT
I. User Conduct
By accessing the Websites, you agree: to comply with all applicable laws regarding online conduct and acceptable material; not to use the Websites or their services or submit content to the Websites if you are under the age of 13; not to access the Websites or services using a third-party’s account/registration without the express consent of the account holder; not to attempt, through any means, to gain unauthorized access to any part of the Websites and/or any service, other account, computer system and/or network connected to any Donut Pros™ server; not to deep-link to the Websites and/or access the Websites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Websites and/or any Materials and/or other content on the Websites, unless Donut Pros™ has given you specific permission to do so in writing; not to use the Websites in any manner that could damage, disable, overburden and/or impair any Donut Pros™ server, or the network(s) connected to any Donut Pros™ server, and/or interfere with any other party’s use and enjoyment of the Sites; not to use the Websites for illegal purposes, or as prohibited by these Terms; not to use the Websites to engage in commercial activities apart from sanctioned use of Donut Pros™ services; not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online; not to license, sell and/or otherwise provide access to and/or use of the Websites to any third-party, including without limitation to build a competitive product and/or service not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Websites; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Websites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or affiliated or linked Websites (including those of our restaurant partners). You agree that the consequences of commercial use or re-publication of content or information from the Websites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Donut Pros™ will be entitled to temporary and permanent injunctive relief to prohibit such use.
II. Content You Provide
Donut Pros™ may provide you with interactive opportunities on the Websites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items, and bookmarked restaurants (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, and/or other materials and/or content that you submit, post, and/or otherwise transmit to the Websites ("User Content").
III. Use of Your Content
You grant Donut Pros™ an irrevocable, transferable, paid-up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use User Content on the Websites and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant Donut Pros™ a license to use your username and/or other user profile information, including without limitation, your rating history and how long you have been a member of Donut Pros™, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. User Content transmitted to certain parts of the Websites, including, without limitation, restaurant pages, and certain Interactive Areas, may be posted in public areas on our Websites, including without limitation in a compilation format, and publicly visible and accessible. Donut Pros™ and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents, and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third-parties with respect to User Content.
IV. Conduct within Interactive Areas
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the Websites. We do our best to encourage civility and discourage disruptive communication on the Websites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all User Content. You agree not to provide any User Content that: is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Websites; and/or is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Websites or other websites. Donut Pros™ may monitor any and all use of the Websites. We reserve the right to change, delete and/or remove, in part or in full, any User Content that we believe, and/or to terminate and/or suspend access to any Interactive Areas, any Materials, and/or any Websites for conduct that we believe, violates our standards, violates any other terms and/or conditions of this Agreement, interferes with other peoples' enjoyment of the Materials and/or our Websites, and/or that we believe is inappropriate, in our sole discretion, and/or for any other reason, again in our sole discretion. Donut Pros™ will cooperate with local, state, and/or federal authorities to the extent permitted by applicable law in connection with User Content.
V. Ratings and Reviews
The Websites may allow you to rate and post reviews of restaurants and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and Donut Pros™ and the Websites’ standards of conduct. Ratings and Reviews do not reflect the views of the Websites or Donut Pros™. We strive to maintain a high level of integrity with our Rating Reviews and other User Content. All Ratings and Reviews must be legitimate. Your Rating and/or Review will not be published unless you have ordered from the subject restaurant and placed a minimum of three (3) orders on Donut Pros™. Any Rating and/or Review that we determine, in our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the Ratings and Reviews, the Materials, and/or the Websites may be removed without notice.
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Websites and/or Materials (including without limitation all User Content), and/or all Uses by Donut Pros™ and/or any third-party authorized by Donut Pros™.
You will receive up to 2 text message alerts about each order placed on DonutPros.com or through the Donut Pros™ mobile application. You may unsubscribe to this service at any time. To unsubscribe, text “STOP” to +6465063937. Or if you want to resubscribe, text “START” to +6465063937. If you need assistance, text “HELP” to +6465063937. Please note that standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require personal assistance, you can also call our customer care team at 1-209-355-8088.
ORDERING AND PAYMENT
When you place an order through the Donut Pros™ Services, you will be given a choice of payment options, which may include via credit card, PayPal®, and direct payment to the applicable Restaurant. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed through the Eat24 Services, for the purchase price of the applicable order, and “Donut Pros or DNTPRO” will be the name that appears on the credit card or PayPal statement, as applicable.
THE WEBSITES, THE MATERIALS, AND ALL OTHER CONTENT ON THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO THE WEBSITES, THE MATERIALS, AND ALL OTHER CONTENT ON THE WEBSITES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DONUT PROS™ DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES, THE MATERIALS, AND/OR THE OTHER CONTENT ON THE WEBSITES WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, AND/OR THAT THE WEBSITES, THE MATERIALS AND/OR OTHER CONTENT ON THE WEBSITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DONUT PROS™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES. YOU (AND NOT DONUT PROS™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE WEBSITES, THE MATERIALS, AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
LIMITATION OF LIABILITY
The Websites may contain links to websites that are owned, controlled, developed, sponsored, and/or maintained by third parties and which may be subject to additional terms and conditions (“Third-Party Websites”). Donut Pros™ does not review, monitor, operate, and/or control the Third-Party Websites and Donut Pros™ makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, Donut Pros™ is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third-Party Websites, including providing information, materials, and/or other content to the Third-Party Websites, are entirely at your own risk. Donut Pros™ reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
VIOLATIONS OF THE AGREEMENT
Donut Pros™ reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to the Sites.
CHANGES TO THE AGREEMENT
Donut Pros™ 260 West Main St, Merced, CA 95340 | Tel: (800) 209-2649 x3 | E-mail: [email protected]