IMPORTANT: ALL USERS MUST READ THE FOLLOWING SECTION
To read the complete Specialicious.com Terms and Conditions, please see below.
ACCEPTANCE OF SPECIALICIOUS TERMS AND CONDITIONS
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s). End User understands that access to and use of password protected or secure areas of the Site are restricted to authorized users only. End User agrees to not share their password(s), account information, or access to the Site. End User is responsible for maintaining the confidentiality of your password(s) and account information. End User is responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Specialicious of any unauthorized use of your password(s) or account(s).
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Specialicious. End User acknowledges that Specialicious.com shall not be responsible for any data lost while transmitting information on the Internet. You understand and acknowledge that due to circumstances both within and outside of the control of Specialicious, access to the Site may be interrupted, suspended or terminated from time to time for any reason including, but not limited to, routine maintenance.
End User acknowledges that their Screen Name and information about their purchases for the purposes of the Specialicious Rewards Program are public and not private communications, and that, therefore, others may read End User's Screen Name and how much they have purchased.
End User acknowledges that all discussion for ratings, comments and/or other message or communication facilities are public and not private communications. Specialicious does not control or endorse the content, messages or information posted by any End User in a public communication. Specialicious specifically disclaims any liability concerning and any actions resulting from End Users participation in any communication facilities on the Site, including any objectionable content. End User grants Specialicious all rights of use for comments, messages or other information End User posts on the Site for promotions, advertising, market research or any other lawful purpose.
4. End User Conduct
5. Third Party Content
Specialicious distributes content supplied by third parties and End Users. Specialicious makes no representation or guarantee regarding, and accepts no responsibility or liability for any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Specialicious. Specialicious and any third-party provider of information do not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. End User acknowledges their responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available on the Site. The Site also contains links to websites maintained by third party content providers. Specialicious disclaims any representations regarding the content or accuracy of materials on such third-party websites. End User utilizes such links at its own risk and understands that Site links do not imply endorsement or affiliation by Specialicious.
6. License Grant
End User grants Specialicious a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display any communication by End User either alone or as part of other works in any form, media, or technology, and to sublicense such rights.
Specialicious shall not be liable for any damages to the End User's equipment, including telephone, computer hardware, and any other related equipment, resulting from the use of this Site.
All Site content provided on or through the Site are for informational purposes only, and should not be construed to indicate that any such content is endorsed by Specialicious. Specialicious makes no representation or guarantee that the content is accurate, complete or timely, and reliance on any information within the Site or provided on or through the Site is solely at your own risk.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
11. Copyright and Trademarks
Copyright © 2010 Metro Media Marketing, Inc. All Rights Reserved. Specialicious is a trademark of Metro Media Marketing, Inc. All rights in respect of this trademark are hereby expressly reserved. All trademarks, logos and service marks located on or in this Site are the exclusive property of Metro Media Marketing, Inc. or their respective owners.
All rights, title and interest in and to the Site are and shall remain the intellectual property of Metro Media Marketing, Inc., dba as Specialicious, and its licensors and all rights are reserved except those expressly granted to End User.
End User agrees that they are strictly prohibited from copying, distributing, reproducing, republishing, downloading, displaying, posting, transmitting or linking to or from this Site without the express written permission of Specialicious. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
12. Disclaimer of Warranty; Limitation of Liability
SPECIALICIOUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SPECIALICIOUS, ITS AFFILIATES ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND DO NOT WARRANT THAT: (1) THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE; (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR, (3) THE RESULTS OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE.
SPECIALICIOUS EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY FOR DAMAGES OR INJURY CAUSED BY THE USE OF THE SITE, SOFTWARE, CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER AN ACTION IN CONTRACT OR TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER ACKNOWLEDGES THAT ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS AT THEIR OWN RISK. SPECIALICIOUS ALSO DISCLAIMS ANY LIABILITY LISTED IN THIS SECTION FOR ANY DAMAGES, DIRECT, INDIRECT OR CONSEQUENTIAL, FOR ANY LOSSES, INCLUDING BUT NOT LIMITED TO PROFITS, REVENUE, LOSS OF PROFITS, REVENUE OR ANY UNFORSEEN CIRCUMSTANCE.
END USER ACKNOWLEDGES THAT SPECIALICIOUS IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES. ANY CONTENT POSTED OR UPLOADED MAY BE TAKEN DOWN BY SPECIALICIOUS, WHICH RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT.
End User agrees to defend, indemnify and hold harmless Specialicious, its officers, directors, employees, agents, and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site, Services, or Contact.
This Agreement and any operating rules for Specialicious constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect.
16. Governing Law
17. Contact Information
14104 Newbrook Dr., Suite 100
Chantilly, Virginia 20151
II. TERMS OF SALE
This voucher is a promotional incentive as that term is defined in the Virginia Code. All Vouchers printed from the Specialicious Site (hereinafter "Vouchers") are promotional vouchers offered to customers below their face value and shall be honored only in combination with additional consideration and subject to the terms and conditions of Specialicious and the participating restaurant or merchant.
End User may purchase a Voucher from Specialicious. By purchasing a Voucher, End User acquires the right to print a Restaurant or Merchant Voucher, issued by any one of the numerous participating non-affiliated restaurants and merchants. End User is solely responsible and has complete discretion to print the Voucher or use the Voucher.
The holder and issuer of a Restaurant Voucher is the Restaurant; and, the holder and issuer of a Merchant Voucher is the Merchant. Restaurant and/or Merchant are the sellers of the goods and services being purchased. Restaurant and/or Merchant are fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed vouchers. Restaurant Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
1. Terms and Conditions for Restaurant Vouchers
2. Terms and Conditions for Non-Restaurant Merchant Voucher
3. Terms and Conditions for the Specialicious Rewards Program
All Terms and Conditions of the Specialicious Rewards Program can be found on the Site at Specialicious Rewards Program Terms and Conditions. All End Users understand and agree to be automatically enrolled in the Specialicious Rewards Program by creating an Account on the Site and/or purchasing a Voucher and to abide by the Rewards Program Terms and Conditions.