Platform Terms of Service
Last modified: 18 June 2018
Thanks for using our products and services (“Services”) available at FTYP.co (“FTYP”), FoodTruckYP.com (“FoodTruckYP”), FoodTentYP.com (“FoodTentYP”), FaireTruckYP.com (“FaireTruckYP”), FaireTentYP.com (“FaireTentYP”), and at other acces points to be named, referred to collectively with our Services as our Platform (“Platform”). This Platform is developed and maintained by ReallyCool Technologies, LLC (“ReallyCool Technologies”), located in Las Vegas, Nevada, USA.
By using this Platform, you are agreeing to these terms of service ("Terms of Service" or "Terms" or "ToS"). Please read them carefully.
Our Platform is very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional Terms will be available with the relevant Services or components of the Platform, and those additional Terms become part of your agreement with us if you use those Services or Platform components.
Our Platform and Services are designed to benefit our paying subscription customers, namely mobile food and beverage vendors, as well as mobile vendors of goods and services of various kinds (“Mobile Vendors”). In addition, we enable Hosts and Organizers to work with these Mobile Vendors to orchestrate Events so that these parties (“Entities”) can coordinate logistics, reach existing and potential customers for marketing purposes, and report certain metrics to improve this process and business success for future Events.
Use of the Platform
You must follow any policies made available to you within the Services and for the Platform or parts thereof.
You must be 13 Years of Age or older to use our Services or access our Platform. If you choose to create an Account on our Platform to make additional use of our Services, you explicitly attest to your being of legal age to do so.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
Do not misuse our Platform. For example, do not interfere with access to or operation of our Platform, do not attempt to access the Platform using weaknesses or vulnerabilities in protocols, software, or hardware.
We reserve the right to refuse, suspend, or terminate use of our Services and any access to our Platform at such time as any violation of these Terms of Service or of any regulations or laws is determined. We further reserve the right to make this ban on access to Services and Platform for any length of time. Any right to fee refund, warranty, or any other form of support for use of our Services or Platform to the point of suspension or termination are considered forfeit under these circumstances.
Using our Platform does not give you ownership of any intellectual property rights to our Service or Platform, nor to the content you access beyond rights granted according to the license applied to that content. These terms do not grant you the right to use any branding or logos used in our Services beyond those granted by the license governing that content. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Platform displays content that is not owned outright nor created by ReallyCool Technologies nor our related Platform components. Our Services make content available to third parties for uses appropriate under the associated license terms. This content is the sole responsibility of the Entity that makes it available. We ask that our clients and partners provide access to that content on our Platform and through use of our Services under liberal license terms to enable your use and re-use; those license terms will always apply to this content from outside sources.
We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services or Platform, we may send you service announcements, administrative messages, and other information via electronic mail or other channels or methods. You may opt out of some of those communications.
Our Platform and Services are available on mobile devices. Do not use these in a way that distracts you and prevents you from obeying traffic or safety laws.
Business use of our Platform
Any user who has created an Account on our Platform may create a business Entity within our Platform to take advantage of our Platform and Services to benefit that business.
If you are using our Platform on behalf of a business or any Entity that could reasonably be called a business, that business accepts these terms. It will hold harmless and indemnify the Platform, ReallyCool Technologies and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If you are offering or intend to offer competitive services or a platform that are similar to our Services or Platform and you wish to access our Services or Platform or associated content and data from our Platform, we simply require that you and your offerings adhere to these terms of service and comply with the license terms of the content, including source attribution where appropriate. We otherwise encourage everyone to use our services and to re-use our content according to the content license terms in order to benefit our customers, the Mobile Vendors and all of the Entities with which we work.
We offer these Services and Platform in good faith for the benefit of our users and the public at large, in exchange for subscription fees due by Mobile Vendors and other Entities for additional levels of Service and access to the Platform. There may be usage scenarios of our Services or Platform wherein a user or business might take advantage of differences between free and subscription access to them to obtain unpaid or unsubscribed access to our Services or Platform where payment of subscription fees would otherwise be due. This would constitute a violation of our good faith policy on the part of the user or Entity operating under these circumstance and would be grounds for immediate and permanent termination of all access to our Services and Platform according to these Terms of Service, with associated forfeit of any fees or warranties.
Any business or person may access our public Platform and Services according to these Terms without any requirement to sign up or otherwise register for that access. The public components of our Platform, accessible without passwords or other credentials, are intended for this type of use and access under these Terms.
Your Platform Account
To protect your Account, please keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications or vice versa. If you learn of any unauthorized use of your password to log in to your Account, or if you find evidence of unexpected or unauthorized account activity, please contact ReallCool Technologies via the contact page visible on the Platform website immediately.
Privacy and Copyright Protection
Our Platform Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services or access our Platform. By using our Services or Platform, you agree that we may use such data in accordance with our Privacy Policies.
We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA).
We provide information to help copyright holders manage their intellectual property online. If you think someone is violating your copyrights and wish to notify us, please contact ReallyCool Technologies via the contact page on the Platform website.
Your Content License on our Services
Our Services allow users to upload, submit, store, send or receive content. Do to the nature of of the Services, we may require that you allow others to use your content under liberal license terms, which you grant to ReallyCool Technologies and to the associated properties that make up the Platform in order to offer our Service to these other consumers of your content. You continue to own your content.
When you upload, submit, store, send or receive content to or through our Services for use on or as part of our Platform, you grant ReallyCool Technologies and our Platform components a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, resizings, adaptations or other changes we make so that your content works better with our Services on our Platform), communicate, publish, publicly perform, publicly display and distribute such content.
Our Platform accepts content for re-use under an explicit Creative Commons Attribution-NoDerivatives 4.0 International License, details of which are available at the CreativeCommons.org website, specifically at the license information page with url https://creativecommons.org/licenses/by-nd/4.0/.
This license has been selected to enable news and community websites and publications, culture, food-related, and foodtruck-related websites and publications, review websites and publications, and individual users using various social media services, to publish and promote our commercial members, their products, services, and events. The use of the NoDerivatives variant of the CreativeCommons license is to make it clear that brand logo artwork photography, product names, and other proprietary information owned by members is to be used as-is when sharing. By granting ReallyCool Technologies and our Platform access to your content according to this license you agree to grant any exceptions needed to generate the any derivations of this content as stipulated in this section.
The rights you grant in this license are for the purpose of operating, promoting, and improving our Services and Platform, to develop new Services and expand and improve the Platform, and to enable external content creators to feature and promote brand, product, and schedule information of our membership. This license continues to be in force even if you stop using our Services to the extent that your content remains in on the Platform servers, unless you choose to completely remove that content. Content published outside of the control of ReallyCool Technologies or components of the Platform or by third parties through use of our Service, under the applicable license prior to termination of services will continue to be published under that license by those publishers, with termination of those rights the responsibility of the content owner.
Our automated systems may analyze your content and some activity, including search or other location-based activities and accesses to the Services or Platform, to provide you personally relevant product features, such as customized suggestions and notifications.
If you have an personal Account on our Platform, we may display your Account username, an Account photo, and followed or liked or otherwise-marked vendors, events, locations, menu items, or other content published within our Services. We will respect the choices you make to limit sharing or visibility settings in Account. For example, you can choose your settings so your name and photo do not appear on a public webpage.
About Software in our Services
Some of the software components used in the offering of our Services, is developed, maintained, or hosted by third parties and is used by our Platform in accordance with their respective licenses. No additional license terms are granted to users of our Platform or Services for redistribution or other uses beyond those uses within our Platform as part of the use of our Services.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you explicitly via links to appropriate web content. There may be provisions in the open source license of a particular component that expressly override some of these terms. The respective license terms of each component in use as part of our Platform or Services shall apply.
Modifying and Terminating our Services
We are constantly changing and improving our Services and expanding and improving our Platform. We may add, modify, or remove functionalities or features at any time, and we may suspend or stop a Service altogether.
You can stop using our Services or accessing our Platform at any time, although we’ll be sorry to see you go. ReallyCool Technologies may also stop providing Services to you or may deny you access to our Platform, or add or create new limits to our Services or Platform access at any time.
We believe that you own your Content and preserving your access to such Content is important. If we discontinue a Service, where reasonably possible, we will give you advance notice and an opportunity to get Content out of that Service before it is removed from our Platform.
Due to the nature of our Services and the architecture of our Platform, in some cases there are shared relations between different pieces of data owned by different Accounts. If you choose to stop using our Services and remove your Account from our Platform, any data which depends on data shared with your Account and other Accounts may be removed from our system at such time as its removal will not impact data stored, or related Services offered, for other Accounts. Timely removal of any Content or data will be subject to consideration of the impact of its removal on the integrity, security, and functionality of our Platform.
Our Warranties and Disclaimers
We provide our Services and Platform using a commercially reasonable level of skill and care and we hope that you will benefit by using them. There are certain things that we do not promise about our Services or Platform.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER REALLYCOOL TECHNOLOGIES, LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR PLATFORM. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, NOR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND PLATFORM “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for use of our Platform
WHEN PERMITTED BY LAW, REALLYCOOL TECHNOLOGIES, LLC, SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF REALLYCOOL TECHNOLOGIES, LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, REALLYCOOL TECHNOLOGIES, LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to a Platform to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made to the Platform or Service for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service or the Platform, you should discontinue your use of that Service or of the Platform.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between ReallyCool Technologies and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not take action immediately, we reserve the right to take action in the future.
If a particular term is not enforceable, this will not affect any other terms. These Terms of Service are Separable.
The laws of Nevada, U.S.A., excluding Nevada’s Conflict of Laws rules, shall apply to any disputes arising out of or relating to these Terms or the Services or the Platform. All claims arising out of or relating to these terms or the Services or Platform will be litigated exclusively in the federal or state courts of Clark County, Nevada, USA, and you and ReallyCool Technologies consent to personal jurisdiction in those courts.
|18 Jun 2018||First published for Beta use|