Terms of Service
1. Your Acceptance
2. Let’s Grub Service
These Terms of Service apply to all users of the Let’s Grub Site and Let’s Grub App. Information provided by our users through the Let’s Grub service may contain links to third party websites that are not owned or controlled by Let’s Grub. Let’s Grub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Let’s Grub will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that neither Let’s Grub nor Big Fire Innovations, LLC. shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Let’s Grub Access
B. In order to access and use the features of the site or service, you acknowledge and agree that you will have to provide Let’s Grub with your mobile phone number. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Let’s Grub to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect any information other than mobile phone numbers. You must notify Let’s Grub immediately of any breach of security or unauthorized use of your mobile phone. Although Let’s Grub will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses of Let’s Grub or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" that accesses either the Let’s Grub site or service in a manner that sends more request messages to the Let’s Grub servers in a given period of time than a human can reasonably produce in the same period by using the Let’s Grub Site or Let’s Grub App, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Let’s Grub grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Let’s Grub reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Let’s Grub clients. We have to disallow using request modification tools or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the site or service, nor to use the communication systems provided by the service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the service.
4. Intellectual Property Rights
The design of the Let’s Grub Service along with Let’s Grub created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Let’s Grub and Big Fire Innovations, LLC., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Let’s Grub reserves all rights not expressly granted in and to the site and service. You agree to not engage in the use, copying, or distribution of any of the service other than expressly permitted herein, including any use, copying, or distribution of communications of third parties obtained through the service for any commercial purposes.
5. User Status Submissions
A. The Let’s Grub service allows Let’s Grub users to submit profile information, contacts and invites. These submissions may be hosted, shared, and/or published as part of the Let’s Grub Service, and may be visible to other users of the service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Let’s Grub users will only be viewable by those Let’s Grub user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Let’s Grub users that have your mobile phone number on their smartphone, unless the user is blocked by you.
B. You shall be solely responsible for your own communications and the consequences of posting or publishing them. Because Let’s Grub is only acting as a repository of data, user submitted communications do not necessarily represent the views or opinions of Let’s Grub, and Let’s Grub makes no guarantees as to the validity, accuracy or legal status of any status. In connection with sommunications, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Let’s Grub to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the site and/or service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the grub to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the communications in the manner contemplated by the site and/or service and these Terms of Service. To be clear: you retain all of your ownership rights in your communications, but you must have the rights in the first place. You hereby grant each subscriber to your on the Let’s Grub Service a non-exclusive license to access your communications through the service. The foregoing license granted by you ends once you remove or delete a communication from the Let’s Grub Service, or once a grub has completed.
C. In connection with communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Let’s Grub all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Let’s Grub or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Let’s Grub does not endorse any communications or any opinion, recommendation, or advice expressed therein, and Let’s Grub expressly disclaims any and all liability in connection with communications. Let’s Grub does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Let’s Grub will remove all content and communications if properly notified that such content or communications infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 the service provider to locate the material, including the mobile phone number of the Let’s Grub user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to email@example.com. Let’s Grub reserves the right to remove content and communications without prior notice. Let’s Grub may also terminate a user's access to the site and/or service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a communication removed from the service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Let’s Grub employees or agents. Let’s Grub also reserves the right to decide whether content or a communication is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Let’s Grub may remove such communications and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Let’s Grub App you will be exposed to communications from a variety of sources, and that Let’s Grub is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications, and that such communications are not the responsibility of Let’s Grub. You further understand and acknowledge that you may be exposed to communications that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Let’s Grub (or Big Fire Innovations, LLC.) with respect thereto, and agree to indemnify and hold Let’s Grub (and Big Fire Innovations, LLC.), its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Let’s Grub Site or App.
F. Let’s Grub permits you to link to materials on the service for personal purposes only. Let’s Grub reserves the right to discontinue any aspect of the Let’s Grub Site or App at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE LET’S GRUB SITE AND/OR APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIG FIRE INNOVATIONS, LLC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BIG FIRE INNOVATIONS, LLC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LET’S GRUB SERVICE. LET’S GRUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LET’S GRUB SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND LET’S GRUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT BIG FIRE INNOVATIONS, LLC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Let’s Grub App is controlled and offered by Big Fire Innovations, LLC., from its facilities in the United States of America. Big Fire Innovations, LLC., makes no representations that the Let’s Grub App is appropriate or available for use in locations other than the United States and India (more locations coming soon). Those who access or use the Let’s Grub App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Let’s Grub, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Let’s Grub App; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your communications caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Let’s Grub App.
9. Ability to Accept Terms of Service
You affirm that you are legal age, or with parental consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Let’s Grub is the developer of the App, with an address at 444 S Kingley Dr, Los Angeles, CA 90020 and can be communicated with through www.LetsGrubApp.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Fire Innovations, LLC., without restriction.
Information that Let’s Grub Collects
Let’s Grub may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“personally identifying information”):
User Provided Information: You provide certain personally identifiable information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Let’s Grub when choosing to participate in various uses of the Let’s Grub App, such as registering as a user, updating a preference, inviting a friend or beginning a grub.
Cookies Information: When you visit the Let’s Grub Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Let’s Grub uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Let’s Grub Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Let’s Grub Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Let’s Grub Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
Information that Let’s Grub Does Not Collect
Let’s Grub does not collect names, emails, addresses or other contact information from its users’ Friends List or contact lists other than mobile phone numbers—the Let’s Grub App will associate whatever name the Let’s Grub user has assigned to the mobile telephone number in his/her Let’s Grub Friends List or phone contact list — and this occurs dynamically on the mobile device itself and not on Let’s Grub’s servers and is not transmitted to Let’s Grub. This means that if you have your friend’s mobile phone number associated with the name “Aristotle” in your mobile address book, that’s the name that will appear for that mobile phone number in your Let’s Grub Friends List. Additionally, we collect location data which users may voluntarily share with other users via the Let’s Grub App.
The contents of communications and interactions delivered by the Let’s Grub App are not copied, kept or archived by the Let’s Grub App in the normal course of business. The Let’s Grub App integrates an SMS service, using data service through a user’s phone (either via cell network or Wi-Fi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Let’s Grub user), if that recipient is available. If the recipient is not available, the message is undelivered and considered undeliverable. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Let’s Grub — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Let’s Grub may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Let’s Grub is legally compelled to collect. Files that are sent through the Let’s Grub Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
How Let’s Grub Uses Information
When Let’s Grub Discloses Information
Other users of the Let’s Grub Service may see your availability status or grub history in a way that is consistent with the use of the Let’s Grub App. If another user has your mobile phone number stored in their Let’s Grub Friend List or native contact list, they may be able see your status information unless you have chosen to block such user. Unless blocked, certain historical information can be displayed to each user who has your mobile phone number in their Let’s Grub Friends List or contact list, and reflects the last approximate time the Let’s Grub App has been used or brought to the foreground on your mobile phone.
We do not sell or share any personally identifiable information (such as mobile phone number or email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Let’s Grub App. We may share any information that does not identify a user (such as anonymous usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Let’s Grub Site or within the Let’s Grub App. We may collect and release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Let’s Grub also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Let’s Grub believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Let’s Grub Site, Let’s Grub App or our servers, and to protect the rights, property, or personal safety of Let’s Grub, our users or others.
Links to Other Sites, 3rd-Party Advertisers
As with many mobile applications, there are specifically placed banner
ads and sponsored placements integrated into the Let’s Grub App. These ads and
placements assist in keeping the service active, and are in no way intended to
impede user experience and enjoyment of the service.
The Security of our Data
Let’s Grub uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Let’s Grub and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Let’s Grub App is never recommended. Once we receive your transmission of information, Let’s Grub makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Let’s Grub learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Let’s Grub may post a notice on the Let’s Grub Site or through the Let’s Grub App if a security breach occurs.
The Privacy of Children
Protecting the privacy of children is especially important to Big Fire Innovations, LLC and Let’s Grub. For that reason, Lets Grub does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Let’s Grub Site or Let’s Grub App from persons under 16 years of age, and no part of the Lets Grub App is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Let’s Grub App or access the Let’s Grub Site at any time or in any manner. If Let’s Grub or BFI learns that personally identifiable information of persons under 16 years of age has been collected on the Let’s Grub Site or Let’s Grub App, then Let’s Grub/BFI may deactivate the account and/or make the status submissions inaccessible.
Users Outside the United States
In the Event of Merger, Sale, or Bankruptcy
In the event that Let’s Grub App is acquired by or merged with a another party or entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Updates and Changes to the Terms of Service and Privacy Notice
This Privacy Notice was last modified February 10, 2015.