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Pantry Manager


Terms of Service

Updated as of April 11, 2014.

We are MJ Lyco LLC, Inc. and we own and operate the Pantry Manager mobile application (the "Service").

Please read the following important Terms of Service Agreement (the "TOS" or "Agreement") before accessing or using the Service. YOU MAY NOT ACCESS OR USE THE SERVICE UNLESS YOU ARE AT LEAST 13 YEARS OLD. By completing this registration process, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. You may not participate where prohibited by law or regulation.

Please read these terms carefully regarding your access to and use of the Service. We provide you with access to the Service in consideration of (in exchange for) your promise to observe these TOS and in consideration of certain rights and permissions you provide to us, as described below and in our Privacy Policy. By using the Service, you agree to these TOS. YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US, AND ACKNOWLEDGE AND AGREE THAT WE MAY USE YOUR EMAIL ADDRESS AND OTHER PERSONAL INFORMATION FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

We reserve the right to modify or amend this Agreement at any time for any or no reason in our sole discretion. As a user of the Service it is your sole responsibility to keep yourself apprised of any such modifications or amendments. If you object to any terms and conditions of the Agreement or any subsequent modifications or you become dissatisfied with the Service in any way, your only recourse is to: (1) discontinue use of the Service; (2) notify us of your desire to terminate your registration.

WE RESERVE THE RIGHT TO REMOVE ANY USER FOR ANY OR NO REASON FROM THE SERVICE. WE RESERVE THE RIGHT TO RETAIN AND USE IN OUR SOLE DISCRETION ANY AND ALL INFORMATION AND CONTENT ASSOCIATED WITH A USER OR A USER ACCOUNT, REGARDLESS OF WHETHER THE USER OR THE ACCOUNT IS ACTIVE, INACTIVE, REMOVED OR DELETED. YOU ACKNOWLEDGE AND AGREE THAT MJ LYCO LLC IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA. OUR PRIVACY POLICY GOVERNS REGISTRATION DATA AND CERTAIN OTHER INFORMATION ABOUT YOU. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS OF THE PRIVACY POLICY.

DESCRIPTION OF THE SERVICE

You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of the Service, and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new features, applications and promotional campaigns, will be subject to the TOS. You acknowledge and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges, including but not limited to any fees associated with syncing your data. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

You represent that you are at least 13 years of age and that if you are below the age of 18 that your parent or guardian is completing this registration on your behalf. Furthermore, you represent that you are not a person barred from receiving the Service under the applicable state and/or federal laws of the United States or the laws of the country from which you access the Service. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe in our sole discretion that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that we may, in its our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We reserve the right to suspend or terminate any user or account for any or no reason at any time. You acknowledge and agree that we are not liable for any information lost including but not limited to, images, friendship connections, etc.

USER ACCOUNT, PASSWORD AND SECURITY

You may receive a password and account designation upon completing the Service's registration process. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. You acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with the TOS. If a password is required for the Service and you have forgotten yours, use the "Forgot Password" link to get a new one.

USER CONDUCT

You acknowledge and agree that all data, text, software, music, sound, photographs, graphics, artwork, video, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of the Content that you submit to the Service. Except as provided for in our Privacy Policy, you acknowledge and agree that we are not responsible for any Content that you upload, post, email, transmit or otherwise make available using the Service. You acknowledge and agree that we do not control the posted Content and, as such, we do not control the accuracy, integrity, quality or any aspect of such Content. You acknowledge and agree that under no circumstances are we liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available using the Service.

You agree not to use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that exploits people in a sexual or violent manner or that is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind (including self-harm) against any group or individual, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity (including thongs and topless females), pornography, sexually explicit, weapons, violence, or drugs;
  2. harm minors in anyway, including by engaging in any conduct that is considered harmful to minors, soliciting, or attempting to solicit personally identifiable information from any minors;
  3. impersonate any person or entity, including, but not limited to, any of our officers or employees, or any forum leader or guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or that poses or creates a privacy or security risk to another person;
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications or other equipment;
  9. upload, post, email, transmit or otherwise make available instructional material such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  11. interfere with, disrupt or impose in unreasonable burden on the Service (or another person's use of the Service) or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  12. breach or attempt to breach the security of the Service;
  13. use any data mining, robots, or similar data gathering or extraction methods;
  14. register accounts or post Content automatically, systematically, or programmatically;
  15. engage in any violent or terroristic activities;
  16. violate any applicable local, state, national or international law;
  17. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  18. offer any contest, giveaway, or sweepstakes;
  19. "stalk" or otherwise harass another;
  20. post personally identifying or confidential information of another, including without limitation credit card numbers, social security numbers, driver's and other license numbers, and email and other addresses;
  21. appropriate the identity of another person, collect or store personal data about other users or use the account, username or password of another person;
  22. Use the Service for any purpose other than its intended use. All judgments concerning the applicability of these guidelines will be in our sole and absolute discretion. We retain the right pre-screen, refuse or remove any Content from the Service for any or no reason, including without limitation if it violates this Agreement or is otherwise objectionable. We may terminate an account at any time, without notice without prior warning or subsequent notice.

SOME OF OUR RIGHTS CONCERNING CONTENT THAT YOU OR OTHER USERS PROVIDE

You acknowledge and agree that we may or may not pre-screen Content, but that we have the right (but not the obligation) in our sole discretion to pre-screen or screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content on any part of the Service, including without limitation on any message boards or user communications.

You acknowledge and agree that we may access, preserve, and disclose your account information and Content, including without limitation if we are required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with applicable law, subpoenas, court orders, or legal processes; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; (e) protect against fraud or for risk management purposes; (f) protect the rights, property, personal safety of us, our users, and the public, including acting in exigent circumstances; or (g) to facilitate an investigation, prevent or take action regarding illegal activities, suspected fraud, or in similar situations involving potential threats to the safety of any person, violations or suspected violations of the TOS or as otherwise required by law. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or Content providers who provide Content to the Service. You will not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Although we cannot monitor the conduct of our users on or off the Service, you acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use) any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any user or person without their his or her written consent.

You agree that you are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.

NON-COMMERCIAL USE BY USERS

The Service is for the personal use of individual users only and you may not use it in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and may not use the Service for any purpose without our express prior approval. We reserve the right to investigate any suspected Illegal and/or unauthorized uses of the Service, including collecting email addresses or other contact information of users by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Service, and we will take appropriate legal action at our sole discretion, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that it is a violation of the TOS to post, private message, or email to users any solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a user is an agent, member, employee, owner, leader, volunteer, or investor.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

You agree to comply with all local and industry rules regarding conduct, acceptable Content and other use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

OUR RIGHTS CONCERNING CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant us the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable for the Service: (i) with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or made available and for any promotional and other commercial purposes by us and our partners or other third parties in our sole discretion, and (ii) with respect to Content you submit or make available for inclusion in areas only accessible by other users selected by you, you grant such other users a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or made available and for any other purpose in connection with promotional campaigns run and made available by us in our sole discretion. For the avoidance of doubt, we may continue to use and make available any and all Content and we will continue to have all of the aforementioned rights even if your account is terminated.

You acknowledge and agree that other users will have access to your Content. You acknowledge and agree that in connection with the Service or our promotional and commercial activities, other users may cause some or all of your Content to be published to other users or to third parties that we authorize to use or access Content. You acknowledge and agree that your feedback, comments and suggestions may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.

PURCHASE OF VIRTUAL CURRENCY

The Service may include one or more types of virtual currencies or service or subscription fees (collectively "Virtual Currency") which users may purchase with real currency. Certain Virtual Currency may be able to be exchanged on the Service for a limited license right(s) to use certain features when, as, and if we allow and subject to these TOS. You do not own Virtual Currency; it is a limited, non-transferable, revocable license that may be used only on the Service. Your purchase of Virtual Currency does not guarantee that any particular feature will remain available, or that you will be able to use the Virtual Currency as intended for any period of time. We reserve the right to add, subtract and modify features, plans and other aspects of the Service, as well as the right to discontinue or change the terms of any particular Virtual Currency, from time to time in our sole discretion.

We may terminate the license immediately without notice, refund or compensation if: (i) your account is terminated for any reason, in our sole and absolute discretion, or (ii) we impose an expiration date of the usage of Virtual Currency in compliance with applicable laws and regulations. Purchases of Virtual Currency are non-refundable and non-transferrable. Virtual Currency has no redeemable value and cannot be returned or refunded once purchased. We make no guarantee as to the availability of Virtual Currency, or the features, services, or merchandise available for purchase with Virtual Currency.

Every order you place for Virtual Currency will be deemed your offer to purchase Virtual Currency. We may accept your offer through delivery of the Virtual Currency purchased and deposited into your Virtual Currency account. Our acceptance of each order for Virtual Currency is expressly subject to and conditional upon your acceptance of these TOS, and our determination that the offer is based upon a legitimate intent to purchase. Purchased Virtual Currency will be available for use as soon as reasonably practicable.

All prices for Virtual Currency or use or access to features or merchandise are subject to change without notice. Prices stated at beginning of delivery apply. Virtual Currency purchased must be used exclusively on the Service to exchange for virtual merchandise or to use one of the features on the Service. By agreeing to these TOS and completing a purchase transaction, you agree to pay for such Virtual Currency and that we may charge your selected payment method to collect any such payments. All inquiries, including disputes, related to your purchase of Virtual Currency must be directed to our Member Services group. Disputes, including the request for a refund or chargeback, processed through your credit card company or phone carrier may result in the immediate termination or suspension of your account. Upon termination or suspension, any remaining Virtual Currency balance in your account will be forfeited.

We may offer you the ability for users to have certain Virtual Currency balances automatically replenished ("topped-up") when you reach a certain set threshold, using your most recent payment method. By confirming such a Virtual Currency purchase, you agree to pay for any such future Virtual Currency purchase triggered by this automatic top-up feature and that we may charge your selected payment method to collect any such payments. You will be automatically topped-up when you reach the balance indicated for such top-up feature. Unless otherwise indicated, you will be topped-up (that is, charged) the same amount of your most recent purchase. We do not store credit card data on our servers; our payment partners facilitate all Virtual Currency payment transactions for the Service. Their policies may differ from ours.

If you leave a balance of Virtual Currency unused for a period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Virtual Currency balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Virtual Currency balance to the appropriate governing body where required by law.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER USERS INFORMATION OR CONTENT, INCLUDING IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY US.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your I.D.), use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge and agree that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or post that may be sent from or received by an account on the Service, and the maximum space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Service. You acknowledge and agree that we at our sole discretion reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that we reserve the right to modify these general practices and limits from time to time and without notice to you.

MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated other accounts, and access to the Service for any or no reason. Reasons we might terminate include, but are not limited to: (i) breaches or violations of the TOS or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) technical or security issues or problems, and (v) extended periods of inactivity. Termination of your account includes (x) removal of account access to all offerings within the Service available with a password, including but not limited to Content that is password protected, (y) deletion of your password, and (z) barring further use of the Service. Further, you agree that we may make all terminations in our sole discretion and that we will not be liable to you or any third party for any termination of your account, any associated email address or Content, or access to the Service.

LINKS

The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

OUR PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or content owned by advertisers.

We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any rights in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through an interface that we provide for accessing the Service.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT:

YOU USE THE SERVICE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS' COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF THE USERS OF THE SERVICE AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE TO THEMSEVLES OR OTHERS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE AMOUNT YOU HAVE PAID FOR VIRTUAL CURRENCY IN THE PAST TWELVE MONTHS.

LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

OTHER USERS OF THE SERVICE WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries of this Agreement.

NOTICE

We may provide you with notices, including those regarding changes to the TOS and Privacy Policy, either by email, or postings on the Service.

TRADEMARK INFORMATION

We own our trademarks and service marks and our other logos and product and service names, and you agree not to display or use them in any manner without our prior permission.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others and ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, disable and/or terminate the accounts of users whom we believe are or may be infringers and, particularly, repeat infringers of others' intellectual property rights. We reserve the right to terminate or reclaim your account as we feel appropriate (for example, if we believe your username infringes third party's trademark rights).

If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located, including identification of the specific mobile application as applicable;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please provide claims of copyright or other intellectual property infringement to us at .

We will consider the information you provide and other information we may obtain, and we may remove any Content that we determine may infringe on your rights, in our sole discretion.

GENERAL INFORMATION

Entire Agreement. This Agreement constitutes our entire agreement relating to Service, superseding any prior agreements regarding the same subject matter. As discussed herein, you also may be subject to additional terms and conditions that may apply when you use or purchase Virtual Currency, certain other services, third-party content or third-party software.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflicts of laws principles thereof.

Disputes. You agree that any dispute relating in any way to this Agreement or the Service, including without limitation your or third parties' access and/or use thereof, shall de dealt with exclusively by confidential arbitration in or near New Hope, Pennsylvania. To the extent that you have in any manner violated or threatened to violate any of our intellectual property rights or otherwise have caused us commercial herm, we may seek injunctive or other appropriate relief in the state or federal courts of Pennsylvania or, at our election, some other court in which jurisdiction over you would proper. You agree to the exclusive jurisdiction and venue of the Pennsylvania state and federal courts (or such other court as we may elect) for the resolution of any disputes between or involving you and us.

Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration Association; provided that notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award you attorneys' fees. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS shall be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise.

Waiver and Severability of Terms. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision. The other provisions of the TOS shall remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your I.D. or account terminate upon your death. Upon our receipt of a copy of a death certificate, your account may be terminated.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Assignment. You may not transfer these TOS or any rights or licenses granted hereunder; we may assign these TOS, the Service, or any portion thereof without notice or restriction.

Location of Data. If you are located outside the United States, you acknowledge and agree to having your data transferred to and processed in the United States.

VIOLATIONS

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Privacy Policy

Updated as of April 11, 2014.

Your use of the Pantry Manager mobile application (the "Service"), along with disputes arising from it, is subject to this Privacy Policy and our Terms of Service ("TOS"). We urge you to read both carefully. Certain capitalized terms used in this Privacy Policy have the meanings assigned to them in the TOS.

What This Privacy Policy Covers

By using the Service you consent to this Privacy Policy.

This Privacy Policy describes our collection, use and sharing of information relating to you, including personally identifiable information ("PII") and non-personnally identifiable information ("Non-PII"). Unless we specifically differentiate, however, when we use the terms "information," "your information," "information relating to you" and the like, we mean both PII and Non-PII.

PII is information that can be used to identify you. This may include your first and last name, address, email address, and phone number.

Non-PII is information related to you (or your use of the Service) that does not identify you specifically. This may include your mobile device identification (UDID, device ID, etc.), email address in hashed form, IP address, the type of browser and operating system you are using, the date, time and duration of your use of the Service, the features you use, the pages you visit, your location, and if you link to the Service from a website, the address of that website. Without limiting the foregoing, we may ask for, access or track any location based information from your mobile device at any time while you are downloading or using the Service; accordingly, you may opt-in or opt-out of the collection of location information.

We may store all information that we collect indefinitely, but we do not undertake to do so for any particular period of time.

This Privacy Policy does not apply to the practices of companies that we do not own or control (including, but not limited to, advertisers). See "Third Party Links and Ad Servers" below.

The Service is hosted (and therefore your information is maintained) in the United States.

Users must be at least 13 years old. We do not knowingly collect information from individuals under the age of 13.

Information Collection and Use

We collect information when you register, when you use the Service, and when you visit advertisers from the Service. When you register we may ask for PII and therefore once you register and sign into the Service you are not anonymous to us.

We may also collect information about your transactions with us and with our business affiliates, vendors, and advertisers, including information about your use of products offered through the Service. We may also collect information about you from other sources, such as blogs and instant messaging services, and other users of the Service. We automatically receive and record information on our server logs from your device or browser, including your UDID, IP address, cookie information (including without limitation cookies, flash cookies, and beacons), and the features you use or the pages you request. We may use some or all of your information for the following general purposes:

  • To customize your experience
  • To customize advertising and content you see
  • To fulfill your requests for products and services
  • To offer customized features
  • To improve our services
  • To contact you including to invite you to participate in promotional activities or to send you information
  • To conduct research
  • For other marketing and advertising purposes

These activities, in part, help to underwrite the cost of the content and services made available to you. Note that, in general, tracking of a user's online activities over time - including the searches conducted, the web pages visited, and the content viewed - in order to deliver targeted advertising is considered online behavioral advertising. BY REGISTERING FOR AND USING THE SERVICE, YOU ARE SUBJECT TO ONLINE BEHAVIORAL ADVERTISING AND/OR MULTI-SITE ADVERTISING.

Information Sharing and Disclosure

We may share PI and Non-PII with third parties for marketing purposes, and to provide you with more useful information and a more personalized experience. We may share your email address, for example, with third parties to target advertising and other marketing purposes, whether or not related specifically to the Service.

Please be aware that posting personal information on public areas of the Service will make that information publicly available. Do not post information in public areas that you want to keep private. Also, be aware that certain information you post or share with third parties may be shared with other users. All such sharing of information is done at your own risk.

Cookies

We may set and access cookies on your device or computer to, among other things, customize your user experience. These files help us provide more precisely target advertising to you based on your activity, but such files do not access or use information by which you can be personally identified.

Vendors, advertisers, service providers, and other non-related third parties that we display on the Service may also contain cookies or tag your device or computer with cookies. We do not control these third party cookies and, for your own benefit, you should check the privacy policy of such third parties. Third party ads that we display may also include tags enabling such third parties to collect information about your interaction with such ads. For instance, by way of illustration and not limitation, such third party tags may record the date, time, your location, as well as the application or website to which the ad was delivered, the operating system which the browser was using, the UDID, and so on.

You may set your browser to block some or all cookies or to indicate when a cookie is being sent. Please note, however, that you may realize certain losses of functionality if you turn your cookies off or otherwise disable them.

For more information about cookies, web beacons, and related tools that we or non-affiliated third parties may use, please visit http://www.allaboutcookies.org/.

Opting Out of Receiving Cookies

Some of our vendors and affiliates are members of the Network Advertising Initiative ("NAI") and comply with NAI's Self-Regulatory Principles which are designed to inform consumers about data collection and advertising practices across multiple web sites and provide the ability to users to opt out.

YOU MAY OPT OUT OF RECEIVING COOKIES BY CLICKING HERE: HTTP://NETWORKADVERTISING.ORG/MANAGING/OPT_OUT.ASP

Note that if you use multiple devices or computers, you will need to opt out of receiving cookies on each one. Also, if you change devices or computers you will need to repeat this opt-out process.

Third Party Links and Ad Servers

This Privacy Policy applies solely to information that we collect on the Service and we are not responsible for the privacy practices of other websites and applications that may be linked to the Service. You are solely responsible for reviewing third party privacy policy terms. Please be aware that links to third party websites and third-party ad server advertisements on the Service may, or may not, use cookies, pixel tags and web tags. We may provide links to third party websites, which may, or may not, use cookies, pixel tags and web tags. Ad servers may also use these tools to compile information about where users see particular advertisements, and to determine which ads were clicked on. We are not responsible for, nor have any control over, the privacy policies of third party websites and ad servers, and we encourage to read the privacy policies of each and every website you visit when linking directly from the Service.

Communications from MJ Lyco LLC

The Service may include advertisements and other third party promotional materials, campaigns and tools (including without limitation cookies, flash cookies, beacons, and similar devices used by us or third parties), and that these advertisements, promotions and related activities are necessary and essential for our business and, therefore, for us to be able to continue to provide the Service to you and other users of the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of the Service, and you will not be able to opt out of receiving them. You may, however, block all email communication from MJ Lyco LLC by terminating your use of the Service; to do so, email with the subject "Unsubscribe."

Surveys and Contests

We may from time to time offer surveys or contests. Surveys may ask for contact, demographic or unique identifying information to increase the value of the results. Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility. We may use information collected from surveys and contests for the entertainment of users, and to determine, notify and contact winners of various contests. In addition, we may use or share with third parties your demographic and/or PII and responses to survey and contest questions in order to provide specifically tailored special offers or advertisements.

Compliance with Laws and Cooperation With Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We may therefore disclose information about you as we deem necessary or appropriate to: (a) to protect the safety and security of users of the Service or members of the public including acting in exigent circumstances in our discretion; (b) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (c) enforce the TOS, including investigation of potential violations thereof; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) to establish, exercise, protect or defend our legal or property rights or to defend against legal claims or otherwise protect against harm to our rights, property or safety of our users or the public as required or permitted by law.

No Spam Policy

You may not engage in any activity involving spam on the Service. Violations of this policy may result in immediate termination of service and legal action against any spammer. Specifically and without limitation, you may not upload, post, email, transmit or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation on the Service. Violations of this policy could subject you or your agents to civil and criminal penalties.

Security

We use industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the Service in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

Change of Ownership

If we sell or transfer all or part of our business or assets, or are otherwise involved in a merger, we may transfer some or all of our user information (PII and Non-PII), including email addresses and postal addresses, to a separate entity.

Changes to this Privacy Policy

We may modify this Privacy Policy, including without limitation to reflect changes in the law, changes of our personal information collection and use practices, changes in the features of the Service or technology. Unless otherwise noted, all such modifications will be effective upon posting. Your continued use of the Service after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. Therefore, it is important that you review this Privacy Policy regularly to ensure you are updated as to any changes.