Digitalgrub Terms of Service 

The Gist


We (the folks at Digitalgrub.com) are on a mission to provide you with something of value. We hope you love our products and services as much as we love creating them.

These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

Terms of Service


These Terms govern your access to and use of our services under digitalgrub.com, grilledheat.com, and related products and services available at or through these websites (collectively, "Services").

These Terms also govern visitor's access to and use of any websites that use our Services, such as websites and 3rd party services that are operated by our underlying platform.

For some of our other products and services to be released in the future, additional Terms of Service may apply and will be posted on the websites for those products and services.

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by Digitalgrub. You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who's Who


Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

We refer to Digitalgrub LLC, Grilled Heat LLC, 123 Rest LLC collectively as "Digitalgrub" or "we" throughout these Terms.

2. Your Account


Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a digitalgrub.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry - if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.

3. Minimum Age Requirements


Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

4. Responsibility of Visitors and Users


We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:

  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.

  • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.

  • We disclaim any responsibility for any harm resulting from anyone's use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

  • Any Content offered for sale through any of our Services are the seller's sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.

  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

  • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, WordPress.com or our other Services. For example:

  • We do not have any control over those websites and are not responsible for their contents or their use.

  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.

  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

  • We disclaim any responsibility for any harm resulting from non-digitalgrub websites.

License. By submitting Content to Digitalgrub you grant Digitalgrub a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting our services. This license also allows Digitalgrub to make any publicly-posted Content available to third parties selected by Digitalgrub so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other digitalgrub.com users permission to share your Content on other digitalgrub.com websites and add their own Content to it (aka to "reblog" your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website.

Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on digitalgrub.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

5. Fees, Payment, and Renewal


a. Digitalgrub Fees


Fees for Paid Services. Some of our Services are offered for a fee, such as Digitalgrub.com along with some Ecommerce Services (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees associated with specific features and recurring payments. Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees - such as fees for recurring payments for your website's subscriptions - you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are inclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes") only in states we have physical retail locations. You are responsible for payment of all applicable other Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect additional Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services at any time through your account management page.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you must cancel your Paid Service.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

6. General Representation and Warranty


You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;

  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);

  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

  • Will not infringe or misappropriate the intellectual property rights of any third party;

  • Will not overburden Automattic's systems, as determined by us in our sole discretion;

  • Will not disclose sensitive personal information of others;

  • Will not be used to send spam or bulk unsolicited messages;

  • Will not interfere with, disrupt, or attack any service or network; and

  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

7. Copyright Infringement


As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Digitalgrub product or service violates your copyright, please notify us accordingly.  We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Digitalgrub or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

8. Intellectual Property


The Agreement does not transfer from Digitalgrub to you any Digitalgrub or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Digitalgrub. Digitalgrub, Grilled Heat, Done Talking, the related logos, and all other trademarks, service marks, graphics, and logos used in connection with digitalgrub.com or our Services, are trademarks or registered trademarks of Digitalgrub LLC or Digitalgrub's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Digitalgrub or third party trademarks.

9. Changes


We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Digitalgrub, or by the posting by Digitalgrub of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

10. Termination


We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Digitalgrub policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website's storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your digitalgrub.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.