TERMS OF SERVICE
OBLIGATIONS OF SITE VISITORS OR USERS
You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:
- notify us of any accessibility concerns or issues with the Site or Mobile App to email@example.com (please allow up to 30 days for MOOYAH to rectify issues before seeking legal counsel);
- restrict or inhibit any other user from using and enjoying the Site;
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of MOOYAH Ad Fund, MOOYAH Franchising, LLC or any MOOYAH® restaurant;
- post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
- post or transmit comments containing harassing or offensive language or engage in disruptive activities online, including excessive use of the return key, shouting (ALL CAPS), or flooding;
- post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
- except as expressly permitted by the rules of this Site, post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation on the Site or through the Site;
- post, upload or transmit any Content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees;
- post or transmit Content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
- solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
- violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
- access or use password protected, secure or non-public areas of the Site without authorization;
- frame, repackage, or otherwise re-distribute any portion of the Site; or
LINKS TO OTHER WEB SITES
MOOYAH Ad Fund may provide links on this Site to other Web sites that are not maintained by or under the control of MOOYAH Ad Fund solely as a convenience to you. If you use these links, you will leave this Site. Please remember that linked sites are not MOOYAH Ad Fund's sites and the information could change without MOOYAH Ad Fund's knowledge. Linked sites and their contents should not be attributed to MOOYAH Ad Fund in any manner. MOOYAH Ad Fund has not attempted to verify the truth or accuracy of any third party site or content and does not make any representations or warranties about them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. In the event MOOYAH Ad Fund endorses a particular organization, we will clearly state our endorsement next to any link to that organization.
Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify MOOYAH as soon as possible of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by MOOYAH or any other Services user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. MOOYAH shall not be liable for any loss or damage arising from your failure to comply with these obligations.
In order to use the Products or Services made available through the mobile application (the “Mobile App”), you must have a compatible mobile device or use the online portal provided at mooyah.com/rewards. MOOYAH does not warrant that the Mobile App will be compatible with your mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and each of their subsidiaries shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions against you. However, these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
CHILDREN UNDER THE AGE OF 13
While MOOYAH Ad Fund is pleased to hear from users and welcomes your comments regarding MOOYAH Ad Fund's programs and services, MOOYAH Ad Fund's policies do not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by MOOYAH Ad Fund's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while MOOYAH Ad Fund values your feedback, MOOYAH Ad Fund must ask that you do not send original creative materials except when specifically requested to do so. Whether you send submissions in response to contests or whether you send creative suggestions, ideas, notes or concepts or other materials, if you send specific submissions without a request from MOOYAH AD FUND (collectively, "Comments"), ANY COMMENTS YOU SEND TO US BY ANY MEANS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND WE SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH INFORMATION AND SHALL BE FREE TO REPRODUCE, USE, DISCLOSE, AND DISTRIBUTE THE INFORMATION TO OTHERS WITHOUT LIMITATION. We shall be free to use any ideas, concepts, materials, intellectual property, know-how or techniques contained in the comments for any purpose whatsoever including but not limited to developing, manufacturing and marketing of products incorporating such information. IF YOU HAVE ANY PROTECTIBLE RIGHTS IN THE COMMENTS, YOU HEREBY GRANT MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE COMMENTS. IF WE DO USE THE COMMENTS, YOU SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. YOU WAIVE ANY MORAL RIGHTS YOU HAVE TO THE COMMENTS. COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THE USE OF THE COMMENTS SHALL BE THE SOLE PROPERTY OF MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC. IF ANY USE BY MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC OF THE COMMENTS CAUSES THEM TO BE LIABLE TO ANY THIRD PARTY YOU AGREE TO INDEMNIFY MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC FOR ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC INCUR AS A RESULT OF THEIR USE OF THE COMMENTS.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIAL MADE AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, NEITHER MOOYAH AD FUND NOR MOOYAH FRANCHISING, LLC WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MOOYAH AD FUND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS, SERVICES, OR PRICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOOYAH AD FUND AND MOOYAH FRANCHISING, LLC MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND ANY GOODS OR SERVICES PURCHASED THEREFROM. IN NO EVENT WILL MOOYAH AD FUND OR MOOYAH FRANCHISING, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOOYAH AD FUND, MOOYAH FRANCHISING, LLC, THEIR SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. SOME STATES SO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MOOYAH® and any other marks associated with the MOOYAH® Franchise System, are the sole property of MOOYAH Franchising, LLC. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages) without prior written permission of MOOYAH Franchising, LLC. The following are some of the federally registered trademarks of MOOYAH Franchising, LLC. in the U.S.A.: MOOYAH®, and the MOOYAH® Logo. Registered marks used in countries other than the U.S.A. mainly consist of MOOYAH® or the MOOYAH® Logo and vary from country to country. THIS SITE IS INTENDED FOR U.S. AUDIENCES ONLY. Access to and use of this web site is subject to the terms and conditions above. This Website was developed and is maintained by the MOOYAH Advertising Fund, 6865 Windcrest Drive, Suite 400, Plano, TX 75024. Unless otherwise specifically indicated, sweepstakes and other promotional offers are open to United States residents only.
MOOYAH Support Center 6865 Windcrest Drive | Suite 400 | Plano, TX 75024
Phone (214) 310-0768
Or, to contact us electronically, please use this link: Contact Us
©2021 MOOYAH Franchising, LLC. All rights reserved.