Terms of Service

These Terms apply to all visitors, users, restaurant partners, and others who access or use the Service. By using the Service you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business, organization, or restaurant, you represent that you have authority to bind that entity, and “you” refers to that entity.

You must be at least 13 years old to use the Service. If you are between 13 and 17 years old, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf and supervises your use of the Service. The Service is not directed at children under 13, and we do not knowingly collect personal information from anyone under 13. If we learn we have done so, we will delete that information.

When you create an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update that information;
• Keep your password confidential and not share your account;
• Accept responsibility for all activity that occurs under your account, whether or not you authorized it, except to the extent caused by our failure to safeguard your information as described in our Privacy Policy;
• Notify us promptly at the contact below if you suspect unauthorized use.

We may suspend or terminate your account under Section 16 if information you provide is inaccurate, false, or misleading, or if you violate these Terms.

PlateMaps helps people discover restaurants and dishes in San Diego, share their own food posts and ratings, follow other users, and earn Plate Points for participating on the Service. We may add, change, or remove features at any time, and we do not guarantee that any restaurant, menu item, price, operating hours, or other listed information is current, complete, or accurate. The Service is provided for personal, non-commercial use unless you have a separate written agreement with us (for example, as a restaurant partner under Section 7). We may also suspend or discontinue the Service, or any part of it, at any time, with or without notice.

“User Content” means anything you post, upload, or submit through the Service, including reviews, ratings, dish posts, photos, comments, and your profile information. You retain ownership of your User Content. By posting it, you grant PlateMaps a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for example, to resize an image for display), publish, publicly display, publicly perform, and distribute your User Content in connection with operating, providing, promoting, and improving the Service, for as long as it remains posted and for a reasonable period afterward for backup, legal, or archival purposes.

You represent and warrant that:

• You own your User Content or have all rights, licenses, consents, and releases necessary to grant the license above and to post it without violating any third party’s rights, including intellectual property, privacy, and publicity rights;
• Your User Content is accurate to the best of your knowledge and reflects your genuine experience, and you have not been paid, given anything of value, or otherwise incentivized to post it without disclosing that fact as required by Section 6;
• Your User Content does not violate any law or these Terms, including the content standards in Section 5.

We do not pre-screen User Content and are not responsible for it, but we may remove or restrict access to any User Content, at any time and without notice, that we believe violates these Terms, the law, or our content standards, or for any other reason in our discretion.

You agree not to, and not to help or permit anyone else to:

• Post content that is false, defamatory, harassing, threatening, hateful, obscene, or that infringes another person’s intellectual property, privacy, or publicity rights;
• Post, solicit, purchase, exchange for compensation, or otherwise incentivize fake, misleading, or undisclosed-affiliation reviews or ratings, or otherwise attempt to manipulate the Service’s ratings, rankings, or plate scores;
• Impersonate any person or entity, or misrepresent your affiliation with a restaurant, business, or PlateMaps;
• Use the Service to advertise, solicit, or conduct any commercial activity without our prior written consent, other than under a separate restaurant partner agreement;
• Scrape, crawl, harvest, or otherwise systematically extract data from the Service, or use automated means to access the Service, without our prior written consent;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, or interfere with or disrupt its operation or security;
• Upload viruses or other malicious code, or attempt to gain unauthorized access to any account, system, or network connected to the Service;
• Use the Service in any way that violates any applicable local, state, national, or international law or regulation, including consumer protection, anti-spam, and export control laws; or
• Create an account for anyone other than yourself, or create multiple accounts to evade a suspension or to manipulate points, ratings, or rankings.

No tolerance for objectionable content or abusive users. We do not permit content that is unlawful, hateful, harassing, threatening, sexually explicit, or otherwise objectionable, and we do not permit abusive behaviour toward other users. Content that violates these Terms may be removed, and the account responsible may be suspended or terminated, with or without notice.

Reporting. Every post carries an in-product “Report” option, available from the menu on the post itself. You may also contact us using the information in Section 21. Reports of copyright infringement specifically should follow the DMCA process in Section 11.

What happens next. We review reports of objectionable content and abusive behaviour and act on them within 24 hours of receiving the report — removing the content, ejecting the user who provided it, or both, where we determine these Terms have been violated.

Blocking. You can block another user at any time from the menu on any of their posts. Blocking is mutual in effect: their posts, comments and profile stop appearing to you, and yours stop appearing to them. You can review and undo your blocks from your account settings.

Ratings, percentages, plate scores, reviews, comments, and similar content on the Service reflect the individual opinions of the users who posted them. They are not verified, edited, or endorsed by PlateMaps unless we say otherwise, and they do not necessarily reflect our views. Menus, prices, hours, availability, and other restaurant details change frequently and may be inaccurate or out of date, including information sourced from third parties as described in Section 10.

Nothing on the Service is professional, medical, dietary, or nutritional advice. See Section 9 for important information about food safety and allergens.

Reviews, ratings, comments, and other content posted by users are provided by those users, not by PlateMaps, and PlateMaps is an interactive computer service within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). We do not create, write, or substantively edit user reviews, and nothing in these Terms should be read as PlateMaps adopting a user’s review as its own statement.

PlateMaps may receive compensation from restaurants and other businesses in exchange for increased visibility, featured placement, or promotional labeling within the Service, including listings labeled “Promoted,” “Featured,” “Sponsored,” or similar. Where content is paid for or otherwise materially connected to an advertiser, we label it as such, clearly and conspicuously, consistent with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and the FTC’s Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465).

Paid placement affects only where and how prominently a restaurant appears. It does not affect, and cannot be purchased to change, a restaurant’s underlying star rating, plate score, or user reviews, which are generated solely by users. Consistent with 16 C.F.R. Part 465, we do not: write, purchase, or generate reviews purporting to reflect the experience of a real customer where none exists; suppress or selectively filter genuine negative reviews of a paying advertiser; or permit a business’s own owners, employees, or agents to review that business without clearly disclosing the affiliation.

A restaurant’s participation in a promotional program is not an endorsement or guarantee by PlateMaps of that restaurant’s quality, safety, or any outcome, and PlateMaps does not guarantee any advertiser a particular volume of views, visits, orders, or other results. We reserve the right to reject, remove, or decline to renew any promoted listing at any time, including for a violation of this Section. Terms specific to restaurant advertisers, including payment terms, are set out in a separate written agreement between PlateMaps and that advertiser, which controls over this Section for matters it separately addresses.

Plate Points are a feature of the Service that reward participation, such as posting, commenting, and liking content, and that may be used to rank users on leaderboards within the Service. Plate Points:

• Have no cash value and cannot be sold, transferred, or exchanged for money;
• Are not property, a currency, a security, or a deposit of any kind;
• May be adjusted, reset (for example, on a monthly cycle), capped, or discontinued by us at any time, with or without notice;
• May be forfeited if your account is suspended or terminated, or if we determine in good faith that they were earned through fraud, abuse, fake accounts, or manipulation.

You are solely responsible for any tax obligations, if any, that may arise from your participation in the Plate Points program.

PlateMaps is a discovery and social platform, not a food safety, nutrition, or allergen authority. We do not independently verify ingredients, preparation methods, allergen handling, or nutritional information for any restaurant or dish listed on the Service, whether that information comes from a restaurant, a third-party data provider, or another user.

If you have a food allergy, intolerance, or dietary restriction of any kind, you must confirm ingredients and preparation directly with the restaurant before ordering or eating. Do not rely on the Service as a substitute for that confirmation.

PlateMaps is not responsible for, and disclaims all liability for, any illness, injury, allergic reaction, or other harm arising from food or beverages obtained at any restaurant listed on, or discovered through, the Service.

Certain restaurant information, photographs, map tiles, and geolocation data displayed on the Service are provided by or sourced from third parties, including Yelp Inc., OpenStreetMap contributors (map and place data, licensed under the Open Database License), and OpenFreeMap (map tiles), under their respective terms of use, and remain the property of their respective owners. We attribute this content where required (for example, photo credit lines) but do not independently verify it and are not responsible for its accuracy, availability, or continued provision. The Service may also link to restaurant websites, ordering platforms, or other third-party sites that we do not control and are not responsible for. Your use of any third-party site or service is governed by that party’s own terms and privacy policy.

Menu information. Dish names, descriptions, and prices shown on the Service are compiled from publicly available sources, including restaurants’ own published menus, and are processed by automated tools. Menus change often and we do not verify them; treat everything shown as a starting point rather than an offer, and confirm with the restaurant before relying on a price, an ingredient, or the availability of a dish. If you are a restaurant owner or rights holder and want your menu information corrected or removed, contact us using the details in Section 21 and we will act on reasonable requests promptly.

The Service, including its design, text, graphics, logos, and the “PlateMaps” name and mark, is owned by PlateMaps or our licensors and is protected by intellectual property laws. Except for your own User Content and any rights expressly granted to you, we do not grant you any right, title, or interest in the Service.

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a written notice to our designated agent below including: (1) a physical or electronic signature of the copyright owner or authorized representative; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to locate it; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf. Counter-notices are handled under the corresponding provisions of 17 U.S.C. § 512(g). We may terminate accounts of repeat infringers.

DMCA Agent: Carson Brassell · helloplatemaps@gmail.com · 4812 Campanile Dr, San Diego, CA 92115 · registered with the U.S. Copyright Office

Our Privacy Policy describes what personal information we collect (such as your account information, content you post, and usage data), how we use and share it, and the choices and rights available to you, including rights that may apply to California residents under the California Consumer Privacy Act, as amended. We do not knowingly collect personal information from children under 13. By using the Service, you agree to our collection and use of information as described in the Privacy Policy.

The service and all content on it are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any restaurant, rating, review, or other content is accurate, complete, or current.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the fullest extent permitted by law, PlateMaps and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, the service, including any harm described in section 9, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to these terms or the service will not exceed the greater of (a) one hundred dollars ($100) or (b) the amount you paid us, if any, in the twelve (12) months before the claim arose.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless PlateMaps and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: your use of the Service; your User Content; your violation of these Terms; or your violation of any right of a third party, including any intellectual property, privacy, or publicity right.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, or remove any content, at any time, with or without notice, including for a suspected violation of these Terms, a legal requirement, or a risk to other users or the Service. On termination, your license to access the Service ends, but Sections 4 (as to content already lawfully used or displayed), 8 (forfeiture of points), 9, 11–15, and 17–20 survive.

Please read this section carefully. It affects your legal rights, including your right to go to court.

You and PlateMaps agree to first try to resolve any dispute informally by contacting us at the address in Section 21. If we cannot resolve a dispute informally within 60 days, you and PlateMaps agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.

You and PlateMaps each waive the right to a jury trial and to participate in a class action, class arbitration, or representative action. Nothing in this Section prevents either party from seeking public injunctive relief in a court of law to the extent that a waiver of that right would be unenforceable under applicable law, or from bringing an issue to the attention of a federal, state, or local government agency. This Section does not waive any right that cannot be waived as a matter of law, including rights under the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.).

You may opt out of this arbitration agreement by sending written notice to the address in Section 21 within 30 days of the date you first agree to these Terms, stating your name and that you opt out of the arbitration agreement.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 17, you and PlateMaps consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where you have an account, make reasonable efforts to notify you, such as by email or an in-product notice. Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and PlateMaps regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
• Feedback. If you send us ideas, suggestions, or feedback about the Service, you agree that we may use them for any purpose without compensation or obligation to you.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Questions about these Terms can be sent to:

Carson Brassell (sole proprietor, d/b/a PlateMaps)
4812 Campanile Dr
San Diego, CA 92115
helloplatemaps@gmail.com