Last Updated (May 15, 2020)Table of Contents
- Site Usage & Usage Termination
- User Content and Conduct
- Copyright Infringement Policy
- Consent to Communications
- Liability Disclaimer
- Copyright, Trademarks and other Intellectual Property
- Severability; Interpretation
- Applicable Law; Jurisdiction; Dispute Resolution & Class Waiver
- Contact Us
2. Usage & Termination
By using our Site or ordering any of our products, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. If you are under the age of 18, you are not permitted to use this Site.In order to access some features of the Site, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity. You also agree to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other's intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting email@example.com
3. User Content and Conduct
with specifics on the abuse, a link to the page, screenshot, and the reason you believe it violates these guidelines.By submitting User Content, you hereby grant Momofuku a perpetual, unlimited, non-exclusive, fully sub-licensable, irrevocable, worldwide right and license touse, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Please do not share anything you do not want to share with the general public. You represent and warrant that the user content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner. We are not responsible for any user's use or misappropriation of any User Content you submit.You understand that we may preserve User Content and may disclose User Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any User Content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
4. Copyright Infringement Policy
We endeavor to observe all applicable requirements of the Digital Millennium Copyright Act. If you believe that any content provided through the Site infringes a copyright, you may contact our designated agent by e-mail to firstname.lastname@example.org
or at the following mailing address:MomofukuLegal Department104 W 27th St, 9th floorNew York, NY 10001You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing with respect to the Site;
- contact information (i.e., your e-mail address, mailing address, and telephone number) sufficient to enable Momofuku or its legal representative to contact you;
- a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
, which apply to personal information obtained from or provided by you on the Site.
6. Consent to Communications
Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Momofuku and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.Message and data rates may apply and message frequency may vary.
7. Liability Disclaimer
9. Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the Site, including without limitation Momofuku®
, Momofuku Daisho®
, Momofuku Ko®
, Momofuku Ssäm Bar®
, Bāng Bar®
, Lucky Peach®
, Noodle Bar®
, Peach Mart®
, Ssäm Bar®
are the sole property of Momofuku. In addition all page headers, custom graphics and custom icons are Marks of Momofuku. Momofuku grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Momofuku for your personal and non-commercial use only (the “License”). This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Momofuku and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
11. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".
12. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.The failure of Momofuku to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of all Momofuku entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Contact Us: If you have any questions about this Agreement, contact email@example.com.
© Copyright 2020 MomoIP, LLC. All rights reserved. Momofuku®
, Momofuku Ko®
, Momofuku Ssäm Bar®
, Bāng Bar®
, Bar WāyoSM
, Noodle Bar®
, Peach Mart®
, Peachy Keen®
, Ssäm Bar®
and related marks are registered trademarks of MomoIP, LLC. Logos are trademarks of MomoIP, LLC.