Welcome to knowye, operated by Dyjit LLC, located at 600 Harbor Blvd, Weehawken, NJ 07086 (“knowye,” “we,” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Electronic Agreement.
2. Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least thirteen (13) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
4. License for Websites
5. Account Security.
You agree to (a) immediately notify knowye of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. knowye will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your knowye account.
6. Your Use of the Service
You agree that your use of the Websites and the Service is subject to all applicable local, state and federal laws and regulations. You also agree:
a. to comply with US law and local laws or rules regarding online conduct and acceptable material;
b. not to use the Websites or the Service or submit content to the Sites if you are under the age of 13;
c. not to use the Websites or the Service to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
d. not to access the Websites or Service using a third-party’s account/registration without the express consent of the account holder;
e. not to use the Websites for illegal purposes;
f. not to commit any acts of infringement on the Websites or with respect to content on the Websites;
g. not to use the Websites to engage in commercial activities apart from sanctioned use of knowye services;
h. not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online;
i. 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;
j. not to attempt to gain unauthorized access to other computer systems from or through the Websites;
k. not to interfere with another person’s use and enjoyment of the Websites or another entity’s use and enjoyment of the Websites;
l. not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
m. 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 sites (including those of our restaurant partners).
n. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in knowye’s sole and reasonable discretion;
ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in knowye’s sole and reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;
vi. any content that advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Service, including, but not limited to, negative reviews posted by competing restaurants or allegations of health code violations; any content that is intended primarily to promote a cause or movement, whether political, religious or other;
vii. any content that discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
viii. Any content that harms or is inappropriate for minors to view;
ix. Any content that links to any commercial or other website; and/or
o. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
p. You must not rent, sell or lease access to the Service, or any content on the Websites.
q. You must not sell or transfer, or offer to sell or transfer, any knowye account to any third party without the prior written approval of knowye.
r. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
7. Harm from Commercial Use.
You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that knowye will be entitled to temporary and permanent injunctive relief to prohibit such use.
8. You Bear Risk of Upload.
knowye uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, knowye cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will knowye be liable for any copying or usage of Your Content not authorized by knowye. You hereby release and forever waive any claims you may have against knowye for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY KNOWYE HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. Modifications to Service.
knowye reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that knowye shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Blocking of IP Addresses.
In order to protect the integrity of the Services, knowye reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
12. Third Party Content.
knowye may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. knowye does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that knowye does not create Third-Party Content, nor does knowye update or monitor it. knowye is therefore not responsible for any Third-Party Content on the Service. Parties use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to knowye users (collectively, the “Reference Sites”). knowye does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
13. Intellectual Property.
knowye, the knowye logos and any other product or service name or slogan contained in the Service are trademarks of knowye or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of knowye or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that knowye may provide you from time to time.
knowye retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of knowye, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on knowye is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of knowye and for knowye Members’ use only. Distribution of content to others is strictly prohibited. You agree that knowye would be irreparably harmed by any violation or threatened violation of this section and that, therefore, knowye shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any metatags or any other hidden text utilizing “knowye” or any other name, trademark or product or service name of knowye without our prior written permission. In addition, the look and feel of the knowye Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of knowye and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Dyjit LLC. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, knowye’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
14. Your Representations and Warranties.
Each time you upload content to the Service, you represent and warrant that you have the right to upload such content, which means:
a. you are the author of such content, or
b. the content is not protected by copyright law, or
c. you have express permission from the copyright owner to use the content in connection with the Service; and
e. for restaurant reviews, you have had first-hand experience with the subject restaurant; and
15. Ownership of Your Content; Licenses.
You acknowledge and agree that “Your Content” does not include Reviews, QR Codes, or Favorites Lists (as those terms are defined in Section 16).
16. Reviews; QR Codes; Favorites List.
You may post reviews of establishments on the Websites (the “Reviews”). All such Reviews must be true and not misleading. knowye reserves the right to remove any Review that knowye determines, in its sole discretion, is false, misleading, fraudulent, or otherwise illegitimate.
You may scan QR codes available on the Websites (the “QR Codes” to access information about establishments, including without limitation menus and prices.
You may compile and edit lists of your favorite establishments and/or menu items (your “Favorites List”).
You acknowledge and agree that all Reviews, Favorite Lists, and information relating to QR Codes (including without limitation your QR Code scanning history), is owned exclusively by knowye and may be used, and/or shared with third parties, for any reason, in knowye’s sole discretion.
17. Responsibility for Material.
Content uploaded to the Service by users (the “User Content”) is not endorsed by knowye, and does not represent the views of knowye or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that knowye does not control all User Content, and disclaims any responsibility for such User Content. knowye specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User Content. In addition, knowye does not represent or warrant that any other content or information accessible via the Service is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. knowye assumes no responsibility or liability for any errors or omissions in the content of the Websites.
18. Copyright Policy.
knowye prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to 600 Harbor Blvd, Weehawken, NJ 07086.
When contacting us, please make sure that you include the following information:
a. a statement that you have identified content on knowye that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the content that you claim is infringing and the knowye URL(s) where such content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your knowye user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
knowye will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
19. Terms for the iOS App.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).
20. Repeat Infringer Policy.
In accordance with the DMCA and other applicable laws around the world, knowye has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by knowye to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by knowye of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. knowye may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, knowye accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
21. Limitation of Liability.
In no event shall knowye be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from knowye or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. knowye makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL KNOWYE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF KNOWYE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL KNOWYE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF KNOWYE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of knowye and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to knowye during the six months prior to notice to knowye of the dispute for which the remedy is sought.
22. Indemnity by You.
You agree to indemnify and hold knowye, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
b. any third party claim, including without limitation for physical injury, property damage, or death, arising from your use of the Services;
d. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of knowye.
23. Attorney Fees.
24. Parental or Guardian Permission.
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE ACCESS THE SERVICE OR GIVE KNOWYE THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
26. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New Jersey with the same force and effect as if such service had been made within the State of New Jersey. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
27. Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New Jersey, County of Hudson, or the United States District Court for the District of New Jersey. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New Jersey, County of Hudson, or the United States District Court for the District of New Jersey.
28. No Third Party Beneficiaries.
29. Availability Outside the U.S.
30. Entire Agreement.
31. Severability; Waiver.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.