TERMS OF USE

Last Modified: March 28, 2024

1. Introduction

These terms of use (“Terms”) describe your rights and responsibilities while using the ONOtag mobile application (the “App”), owned and operated by ONOtag Inc., a Delaware corporation (the “Company” or “ONOtag”). The term “you” refers to the person using the App. Use of the App is governed by these Terms and our Privacy Policy. By using the App, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not want to agree to any of these Terms, you must not use the App. Also, by using the App, you are bound by Google’s Terms of Service.

2. Modification

The Company reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you. You should check the Terms from time to time when you use the App to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. Your continued use of the App will be deemed acceptance to the amended or updated terms. If any of the provisions of these Terms are not acceptable to you, your only remedy is to discontinue your use of the App.

3. Description of the ONOtag App

The App provides the following functionalities (“Services”):

  • The App enables users to save thoughts and opinions about restaurants or other food-service places through "tags", each of which contains a short text label, an image, or some other media. A user's collection of tags on a particular place is called a "take". A user's takes, on various places, are made visible to their friends via maps and lists.
  • The App allows users to communicate with each other through chat "sessions". Chat sessions are visible to the participants and the participants' friends, allowing them to join in on interesting conversations.

4. Eligibility

To use the Services through the App, the following must be true:

  • You are at least 13 years of age or older, and if you are under 18 years old, you represent that you have your parent or guardian’s permission to use the App;
  • You (or your guardian if you are under 18) agree to be legally bound by and comply with these Terms and the Privacy Policy (https://onotag.com/privacy-policy.html);
  • You must have compatible mobile devices, access to the Internet, and certain necessary software required to use the App.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the App. The Company reserves the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

5. Registration and User Accounts

To access the Services available in the App, you must first create an individual user account (“Account”). The Account registration form will ask you to sign in with an email address and password. It will also ask you for a display name and photo. Your display name and photo cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices.

You may also become a registered user of the App through your accounts with certain third-party social networking services, including Apple ID and Google (“SNS Account”).

If you link, connect, or log in to the ONOtag App with your SNS Account, you direct the service to send us information such as your first and last name and your email address, as controlled by that service or as authorized by you via your privacy settings at that service.

You agree to:

  • provide true, accurate, current, and complete information about yourself as prompted by our Account registration form; and
  • to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to terminate your Account;
  • remain responsible for maintaining the confidentiality of your Account password and any other security information related to your Account at all times. The Company will not be liable for any loss that you incur because of someone else accessing and using your Account, either with or without your knowledge.

6. Subscription to Premium Features

ONOtag offers an optional premium features subscription. “Subscription” means a user’s subscription to premium features in the App. If you decide to sign up for a Subscription, you will be billed for the subscription fee on a periodic (monthly, annual, or otherwise) billing cycle and the cycle starts on the date you sign up for the Subscription. This subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the end of the current Subscription period. You can manage your subscription and auto-renewal through your Apple App Store or Google Play Store account settings. We will not be able to offer refunds for any unused portion of the term.

For Apple App Store users: Your subscription is managed by your Apple ID and can be viewed or canceled through your App Store account settings.

For Google Play Store users: You can manage your subscription and auto-renewal through your Google Play Store account settings.

The Company reserves the right to change the Subscription fee for any renewal term to be effective upon the renewal of such Subscription. We will notify you of such change using the email you provide us upon registration.

Failure to pay the subscription fee will forfeit your right to enjoy the premium features available only to subscribers.

7. Content Guidelines

“Content” means text, images, photos and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page.

You alone are responsible for Your Content, and once posted to ONOtag, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described. You may not imply that Your Content is in any way sponsored or endorsed by ONOtag.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

ONOtag may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you irrevocably grant ONOtag worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ONOtag and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

As between you and ONOtag, you own Your Content. We own the ONOtag Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, and software. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the ONOtag Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the ONOtag Content are retained by us.

Your Content (including any that may have been created by users employed or contracted by ONOtag) does not necessarily reflect the opinion of ONOtag. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a tag if we believe it violates these Terms.

Please make sure Your Contents are appropriate for the App. For example, tags and takes should not be used to address things other than your experience as a consumer of the business. Avoid making threats, harassment, lewdness, hate speech, or other displays of bigotry in Your Content. Ensure that you respect others’ private information. For instance, please do not upload close-up photos of other patrons without their permission. Always post your own content. Do not take content from other sites, users, or businesses. Write your own tags and takes, and only share your own photos.

8. Communications with Other Users

The Service enables users to communicate information to others through chat sessions. We authorize you to use this tool only for your personal, non-commercial purposes, unless otherwise expressly approved by the Company. What you say in chat sessions should be consistent with what is generally considered appropriate in a group conversation among friends, with friends of friends able to overhear your conversation.

You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

Please note that your display name will be seen by other users of the App, so be mindful as to what you choose as your display name.

Do not share any information that is confidential, that you do not want others to know, or that is subject to third-party rights through the App. The Company is not responsible for another user’s use, misuse, or misappropriation of any information you share via the App.

You agree to treat other users in a courteous and respectful manner while using the App. Though ONOtag strives to encourage a respectful user experience, ONOtag is not responsible for the conduct of other users of the App. You agree to use caution in all interactions with other users. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other ONOtag users.

You acknowledge and agree that your fellow users are neither employees nor agents nor representatives of ONOtag, and ONOtag assumes no responsibility for its users’ statements, acts, or omissions.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

9. Copyright Infringement Policies

ONOtag respects the intellectual property rights of others and requests all users of the App to do the same. If you believe your copyright has been infringed on the App, please notify us by email at support@onotag.com to submit a written notification, stating the location of the work claimed to be infringing. Upon the receipt of written notification of infringement and subject to applicable copyright laws, The Company may remove or disable access to any such Content. To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  • Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
  • Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
  • Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  • After receiving the communication, The Company may ask the person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the App, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of the person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.

If the Company removes Content that a user submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification. To be effective, the counter-notification must be a written communication that includes substantially the following:

  • The user’s physical or electronic signature;
  • Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
  • A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
  • User’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter-notification, ONOtag will provide the person who submitted the claimed infringement notification, with a copy of the counter-notification.

ONOtag may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter-notice, unless The Company first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the App.

The Company reserves the right to deny a user’s access to the App, if we determine, at our sole discretion, that the user is a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded Content was removed from the Services more than twice.

Any person who knowingly materially misrepresents that certain Content is infringing, or certain Content was removed or disabled by mistake or misidentification may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the Content claimed to be infringing.

Please contact the Company’s copyright agent for all alleged infringement-related notifications:

ONOtag Inc.
Attn: ONOtag Copyright Agent
11 N 2nd Ave. Apt 2
Highland Park, NJ 08904

Email address: support@onotag.com

10. Your Responsibilities and Acknowledgement

As a condition of your use of the App, you agree to the following:

  • all the information you provide through the App is accurate, complete, and correct, and you will accurately maintain and update it as needed;
  • the App will be used only by you, and your identification information is accurate and truthful.
  • you will keep confidential your Account password. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you suspect it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time.
  • you will immediately notify the Company of any unauthorized use of your password, or any other breach of security that you become aware of involving or relating to the Services by emailing support@onotag.com.
  • You acknowledge and agree that the Company makes no guarantee that the Services shall lead to any particular result

11. Restrictions on Use

You will not use, or encourage or permit others to use, the App except as expressly permitted in these Terms. Specifically, you will not:

  • Access or use the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App or related materials in any way;
  • Use or access the App to create or develop competing products or services or for any other purpose that is to the Company’s detriment or commercial disadvantage;
  • Take any action or use the App in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our App or any content, in whole or in part;
  • Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the App or any computer network;
  • Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by ONOtag or any of our service providers to protect the App;
  • Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our App, or any other system, device, or property;
  • Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our App or any content made available to you on or through our App;
  • Use any manual process or automated device to monitor or copy any content made available on or through our App for any unauthorized purposes;
  • Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services;
  • Solicit personal information from other users, or submit or transmit pornography;
  • Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to ONOtag or third-party content from the App; or
  • Encourage or enable any other individual to do any of the foregoing.

12. Device Compatibility

The Company does not promise that the App is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. Company may, but is not obligated to, provide updates to the application that improve compatibility with updated devices.

13. Disclaimer of Warranties

The App is available “as is” and “as available” and without any warranties of any kind. Without limiting the generality of the foregoing:

  • all content, materials, information, software, products, tools, and services included in or available through the App are provided “as is” and “as available” without warranty of any kind, express or implied. to the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
  • in no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any content on the App or the use of any services offered through the App.
  • we do not in any way endorse or recommend any product or service offered through the App and make no representations or guarantees related to the reliability or accuracy or such product or service.
  • we make no guarantees, representations, or warranties, whether expressed or implied, with respect to the completeness, accuracy, reliability, or availability of the App.
  • we do not in any way endorse or recommend any restaurants mentioned in the App, any specific opinions, or other information that may appear through the App.
  • to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your mobile device, computer programs, data, or other proprietary material due to your use of the App or any services or items obtained through the App or to your downloading of any material posted on it, or on any App linked to it.
  • neither the Company nor anyone associated with the Company represents or warrants that the App, its content, or any Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the App or the server that makes it available are free of viruses or other harmful components, or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.
  • you understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

14. Limitation on Liability

To the fullest extent provided by law, in no event will ONOtag, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, or any content in the App, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The Company’s maximum aggregate liability to you for losses or damages that you suffer in connection with the Service or these Terms is limited to $100.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by the applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless ONOtag, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.

16. Governing Law and Jurisdiction

All matters relating to ONOtag, Privacy Policy, these Terms, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

We encourage you to contact ONOtag via email at support@onotag.com if you have concerns or complaints about the App or the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and ONOtag shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with ONOtag, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of New Jersey, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

17. Waiver and Severability

No waiver by ONOtag of any term or condition set out in these Terms should be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of ONOtag to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App unless otherwise set forth in a written agreement between you and ONOtag.

19. Conflict

In the event of any conflict or inconsistency between the provisions of these Terms and the provisions of any of the other agreements between you and the Company, the provisions of this Agreement shall control.

20. Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to support@onotag.com.