Terms of Use

Specialicious Terms of Use Summary

IMPORTANT: ALL USERS MUST READ THE FOLLOWING SECTION 

This is a summary of our terms, conditions and privacy policies.  For the complete User Terms and Conditions, please read below and visit our Privacy Policy.

  • Your privacy is important to us. Click here to see our Privacy Policy.
  • Specialicious requires, as a condition of creating an Account, your permission to send you administrative and promotional communications, information regarding your account activity, purchases, product updates and promotional offers.
  • By placing an order on the Specialicious website, you make an offer to us to purchase Vouchers you have selected based on the following terms and conditions.
  • You are required to create an account, which requires providing a valid email address, in order to purchase any product from our site.
  • The Voucher purchased on the Specialicious website is redeemable for goods or services by the seller of such goods and services. Specialicious makes no warranty, expressed or implied, and takes no responsibility for the services, products or activities for which Specialicious Vouchers may be redeemed.
  • Specialicious users agree and understand that Specialicious is not the seller of the goods and services, but rather sells a voucher that can be redeemed in connection with your purchase of the goods or services from the seller of such goods and services.
  • You agree to take all responsibility for his or her own actions in utilizing the services for which the Specialicious Voucher can be redeemed.

To read the complete Specialicious.com Terms and Conditions, please see below.

ACCEPTANCE OF SPECIALICIOUS TERMS AND CONDITIONS
The Specialicious website ("Site") provides an interactive online service operated by Metro Media Marketing, Inc., dba, Specialicious ("Specialicious") on the Internet, consisting of information services, content and transaction capabilities provided by Specialicious, affiliates and subsidiaries of Specialicious, and other third parties.  By using the Site, you ("you" or the "End User") agree to the terms and conditions (the "Terms of Use") and Privacy Policy that Specialicious have provided. The Site includes: (a) all websites, co-branded microsites, services, or applications owned or provided by Specialicious; and (b) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and vouchers, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.specialicious.com.  If you do not agree to the outlined terms and conditions, please do not use the Site.

I. SPECIALICIOUS TERMS OF USE

1. General

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.

2. Modifications
Specialicious may revise these Terms of Use and/or our Privacy Policy as necessary or desirable at any time.  Specialicious shall have the right to modify or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, rewards program, equipment needed for access or use, and the adding of certain fees or charges.  Therefore, it is the obligation of End User to re-read our Terms of Use and Privacy Policy from time to time to stay informed as to any such changes.  All changes are effective upon posting as revised.  Your continued use of the Site constitutes your implicit agreement to the Terms of Use and Privacy Policy as revised.

3. Privacy

Specialicious considers protecting your personal data very important.  Specialicious developed a Privacy Policy, describing the policies and practices of the Site, which is incorporated into these Terms of Use.   For more information, see the Specialicious Privacy Policy.

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

The Specialicious Site is private property. All interactions on this Site must comply with these Terms of Use.  All End Users agree to restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only.  End User shall not post or transmit through the Site any material which could be considered infringement upon the rights of others, any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable material.  End User also agrees to not post or transmit through the Site any material which encourages criminal conduct or gives rise to civil liability or otherwise violates any law.   End User also agrees not to damage, disable, unduly burden, or impair any Specialicious networks or systems.  You agree not to attempt to gain unauthorized access to any areas of the Site or any Specialicious networks or systems or interfere therein, including, but not limited to, submitting a virus to the Site, spam, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Specialicious networks or systems.  Any conduct by an End User that restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any solicitation of any kind, including but not limited to commercial, religious, political or non-commercial solicitation.

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.

7. Equipment

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.


8.  Content
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.

9. Monitoring

Specialicious shall have the right, but not the obligation, to monitor any activity on the Site at any time, to determine compliance with the Terms of Use as well as to satisfy any applicable law, regulation or authorized government request. Specialicious shall have the right to remove any material that Specialicious, in its sole discretion, deems to be objectionable.

10. Invalidity

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.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES.  IN SUCH A CASE, ONLY THOSE SPECIFIC AND APPLICABLE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

13. Indemnification

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.

14. Termination

Specialicious may terminate this Terms of Use at any time.  Specialicious retains the right to terminate any passwords or accounts for any reason whatsoever.  In addition, Specialicious may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site. The provisions of Sections 6, 7, 8, 11, 12, 13, 14 will survive termination of this Agreement.

15. Miscellaneous

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
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the Courts for Fairfax County, Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use. 

17.   Contact Information
If you have any questions regarding these Terms of Use, please contact Specialicious at the address below or by using the contact link on the Specialicious website:

Specialicious
14104 Newbrook Dr., Suite 100
Chantilly, Virginia  20151
703-288-0204 


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.

By placing an Order, you make an offer to us to purchase the Vouchers you have selected on the terms and conditions stated below. For more information, please view our privacy policy.  End User agrees to create an account in order to purchase any product, which requires a valid email account.

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

  • For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Specialicious Vouchers.
  • The specific terms and conditions for each Restaurant Voucher are ultimately determined by the issuing Restaurant.
  • The Specialicious Site and Voucher also will contain specific terms and conditions for each Restaurant Voucher offer, including, but not limited to redemption frequency, dine-in or take-out only restrictions, and other restrictions. All terms and conditions, both on the Site and/or the Voucher, are included in the terms and conditions of the Voucher.
  • The ability to apply Restaurant Vouchers toward alcoholic beverages is the sole discretion of the Restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
  • Restaurants will determine whether Specialicious Vouchers can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
  • Restaurant Vouchers cannot be used for taxes or tips, unless permitted by the Restaurant.
  • The issuing of credit is the sole discretion of the Restaurant unless otherwise required by law.
  • End User is solely responsible for lost or stolen Vouchers.
  • Reproduction, sale or trade of this Restaurant Voucher is prohibited unless done so in compliance with the law.
  • Restaurant Voucher will be considered void if there is an attempted redemption not consistent with these terms & conditions.
  • Void to the extent prohibited by law.
  • The promotional value of the voucher is valid through the date printed on the voucher.
  • The promotional value of the voucher is valid through the date printed on the voucher, and the paid value of the voucher will expire five (5) years from the date the voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the voucher may be redeemed. The Merchant is obligated to honor the voucher in compliance with law. If the Merchant refuses to honor the voucher before the legally permitted expiration date, then Specialicious will refund the paid portion of your voucher in the form of credit for future deal purchases. In order to receive credit you must provide the following information to support@specialicious.com : (a) identification of the voucher and Merchant with whom you sought to redeem the voucher, (b) statement of date, time, and circumstances in which the Merchant refused to redeem the voucher, and (c) a statement, under penalty of perjury, that the voucher has never been redeemed with the Merchant.
  • End User will not be entitled to receive a credit or cash for the difference between the amount redeemed and the face value of the Restaurant Voucher, in the event that End User redeems the Restaurant Voucher for the less than the total face value, unless otherwise required by law.
  • All purchases of vouchers for Restaurants may have statutory limitations on the amount of the voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Merchant. Specialicious' sole role in the transaction is as a marketing agent for the Merchant voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Specialicious has no role in such determination or action on the part of the Merchant.
  • Specialicious is not responsible for any Voucher that is lost, destroyed or damaged.

 

2. Terms and Conditions for Non-Restaurant Merchant Voucher

  • The specific terms and conditions for each Non-Restaurant Merchant Voucher are ultimately determined by the issuing Merchant.
  • The Specialicious Site and Voucher also will contain specific terms and conditions for each Non-Restaurant Merchant Voucher, including but not limited to redemption limitations. All terms and conditions, both on the Site and/or the Voucher, are included in the terms and conditions of the Voucher.
  • Merchant Voucher may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.
  • Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
  • The issuing of credit is the sole discretion of the Merchant unless otherwise required by law.
  • End User is solely responsible for lost or stolen Vouchers.
  • Voucher cannot be combined with any other vouchers, gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
  • Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with the law.
  • Merchant Voucher will be considered void if there is an attempted redemption not consistent with these terms & conditions.
  • Void to the extent prohibited by law.
  • The Specialicious offer (including, but not limited to, any discounts) expires on the date specified on the Specialicious Voucher. If End User fails to redeem the Voucher by the expiration date, the Merchant has agreed to honor the Merchant Voucher for the actual amount End User paid for the Voucher for up to three (3) months after the expiration of the Voucher.
  • Unless required by law, End User is not entitled to a credit, cash or new Voucher if Voucher is not used within the time required. ALL SALES ARE FINAL.
  • End User will not be entitled to receive a credit or cash for the difference between the amount redeemed and the face value of the Merchant Voucher, in the event that End User redeems the Merchant Voucher for the less than the total face value, unless otherwise required by law.
  • Specialicious is not responsible for any Voucher that is lost, destroyed or damaged. 

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.