Thank you for using Ofadaa! These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Ofadaa website at www.ofadaa.com (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
Who can use Ofadaa
You may use our Services only if you can form a binding contract with Ofadaa, and only in compliance with these Terms and all applicable laws. When you create your Ofadaa account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Our license to you
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, and revocable license to use our Services.
Ofadaa allows you to post content, including profile information, reviews, images and any other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content."
Representations Regarding User Content
You retain all rights in, and are solely responsible for, the User Content you post to Ofadaa.
If User Content is a review, you represent and warrant that you are the sole author of that review; that the review reflects an actual dining experience you had; that you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and that you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us. You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable.
How Ofadaa and other users can use your content
You grant Ofadaa and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, perform, and distribute your User Content on Ofadaa solely for the purposes of operating, developing, providing, and using the Ofadaa Services.
Nothing in these Terms shall restrict any other legal rights Ofadaa may have to any User Content, for example, under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Ofadaa, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Ofadaa and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Ofadaa.
Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Ofadaa more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Ofadaa does not waive any rights to use similar or related Feedback previously known to Ofadaa, or developed by its employees, or obtained from sources other than you.
Restrictions on Use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Is illegal, or violates any federal, state, or local law or regulation;
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services.
If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law.”;
- Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf”;
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to firstname.lastname@example.org
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
We care about the security of our users. While we work to protect the security of your content and account, Ofadaa cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Third-Party Content and Links
Some of the content available through the Services may include or link to materials that belong to third parties, that are not owned or controlled by Ofadaa. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Ofadaa, you do so at your own risk and you agree that Ofadaa will have no liability arising from your use of or access to any third-party website, service, or content.
User reviews do not reflect the opinion of Ofadaa. It is pertinent to state that each and every review posted on Ofadaa is the personal opinion of the user/reviewer only. The advertisements on Ofadaa are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services.
We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that isn’t true about the restaurant, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the restaurant believes that any particular user’s review violates Ofadaa’s Policy, he can flag the review to our attention. Ofadaa 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.
Ofadaa may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2-3 and 8-12 of these Terms.
You agree to indemnify and hold harmless Ofadaa and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of any of these Terms.
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
OFADAA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Ofadaa takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFADAA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU AGREE THAT THE LIABILITY OF OFADAA TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO OFADAA FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Governing Law and Jurisdiction
The Terms of this Website shall be governed by and construed in accordance with the laws of the state of New York and the Courts of New York shall have exclusive jurisdiction to determine any dispute in connection with such terms or use of the Website.
Notification Procedures and changes to these Terms
Ofadaa reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using our Services.
These Terms, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by Ofadaa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ofadaa's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.