These Burpbig media Terms of Use (this "Agreement") apply to your consumer use of
(1) the Burpbig media website at http://www.Burpbig.com is operated solely by Burpbig media (collectively, the "Burpbig media Site"),
(2) the restaurant reservation services made available by Burpbig media through the Burpbig media Site, and any other online properties of Burpbig media or third parties, as described in Part I below (the "Reservation Services"),
(3) any other services or features made available by Burpbig media through the Burpbig media Site. Together, the items in
(1) through
(3) are the "Services".

In this Agreement, "Burpbig media" and "we" mean Burpbig media, Inc., and "User" and "you" mean any user of the Services. This Agreement incorporates Burpbig media’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the "Burpbig media Policies").

By accessing or using the Services or clicking "accept" or "agree" to this Agreement,
(1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and
(2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.

Burpbig media may update or revise this Agreement (including any Burpbig media Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click "accept" or "agree" to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Burpbig media, any use of the Services (e.g., the use of the Reservation Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.

Part I - Reservation Services

  • Restaurant Reservations.
    Burpbig media provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a "Restaurant"). In response to a User’s online request for a Restaurant reservation through the Burpbig media Site or, Burpbig media directly contacts the Restaurant’s computerized database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the Burpbig media Site or Burpbig media Application, Burpbig media will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.
  • No-Show Policy.
    Burpbig media is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the Burpbig media Site or by calling the Restaurant directly. Some Restaurants may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information, and you may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which will be disclosed at the time the reservation is made. Burpbig media uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.

    If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, the amount paid at the time of reservation will not be refunded in any case whatsoever. The customer is advised to inform the restaurant authority if the reservation time is postponed by 10-15 minutes.
  • Usage Guidelines.
    User agrees to use the Reservation Services only to book reservations at Restaurants and then honor those reservations by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation for User’s personal use during any one meal time (e.g., lunch, dinner, etc.). User may be able to book multiple reservations through Burpbig media’s Administrative Assistant and/or Concierge programs. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
  • Part II – NO Payment Services

  • General Description and Requirements.
    Burpbig media does not provide any facility to settle the bills through the site. The customer needs to settle the bill payments at restaurant only either through cash or card.
  • Part Ill – Terms for All Services

  • Privacy Policy.
    Burpbig media is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.
  • Your Account.
    You may (but are not required to) create an account with Burpbig media through the Burpbig media Site ("Account") in order to use the Reservation Services. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Burpbig media registration form ("Registration Data"). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Burpbig media of any unauthorized use of your Account or any other breach of security related to your use of the Services
  • Technical Requirements.
    Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Burpbig media does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Burpbig media Site, and some features and portions of the Burpbig media Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.
  • Modifications to Services.
    Burpbig media reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Burpbig media Site, , Restaurants, and/or Merchants. Burpbig media shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services
  • Intellectual Property Rights and Grant of Rights to User.
    The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the "Burpbig media Content") are provided to User by Burpbig media or its partners or licensors solely to support User’s permitted use of the Services. The Burpbig media Content may be modified from time to time by Burpbig media in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Burpbig media Content by User shall constitute a material breach of this Agreement. Burpbig media and its partners or licensors retain all rights in the Services and Burpbig media Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Burpbig media or any third party is granted under this Agreement.
  • Application License.
    Subject to the terms and conditions of this Agreement, Burpbig media grants User a non-exclusive, non-transferable, revocable license to use the Burpbig media Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
  • Use Restrictions.
    The Services and Burpbig media Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Burpbig media expressly reserves all its rights and remedies under applicable state and federal laws. Burpbig media reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to):
    (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Burpbig media Content, except as expressly authorized by Burpbig media;
    (2) take any action that imposes or may impose (in Burpbig media’s sole determination) an unreasonable or a disproportionately large load on the Services or Burpbig media’s infrastructure;
    (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
    (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Burpbig media Content to a third party;
    (5) use any portion of the Services or Burpbig media Content to provide, or incorporate any portion of the Services or Burpbig media Content into, any product or service provided to a third party;
    (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Burpbig media);
    (7) modify any Services or Burpbig media Content or create any derivative product from any of the foregoing;
    (8) remove or obscure any proprietary or other notices contained in the Services or Burpbig media Content;
    (9) use the Services or Burpbig media Content for any illegal purpose; or
    (10) publicly disseminate information regarding the performance of the Services or Burpbig media Content or access or use the Services or Burpbig media Content for competitive analysis or benchmarking purposes.
  • Termination.
    Burpbig media may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Burpbig media may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Burpbig media Policies) and Users of the Payment Services, if we receive excessive charge backs on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Burpbig media shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Burpbig media will have no liability whatsoever.
  • Reviews, Comments, Communications, and Other Content.
    The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties ("User Content"). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Burpbig media reserves the right (but has no obligation) to monitor, remove, or edit User Content in Burpbig media’s sole discretion, including if User Content violates this Agreement (including any Burpbig media Policies), but you acknowledge that Burpbig media may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Burpbig media a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Burpbig media takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
  • Your Representations and Indemnity.
    You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Burpbig media and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Burpbig media’s request) defend Burpbig media, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the "Burpbig media Parties") from and against all claims resulting from
    (1) any User Content submitted by you,
    (2) your use of the Services, or
    (3) any breach or alleged breach by you of this Agreement.
  • Disclaimer of Warranties.
    THE SERVICES, ALL BURPBIG MEDIA CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. BURPBIG MEDIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BURPBIG MEDIA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT BURPBIG MEDIA WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. BURPBIG MEDIA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BURPBIG MEDIA. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  • Links to Third-Party Websites.
    The Services may contain hypertext links to websites operated by parties other than Burpbig media. Such hypertext links are provided for User’s reference only, and Burpbig media does not control such websites and is not responsible for their content. Burpbig media’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Burpbig media assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
  • Release.
    Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any product or service of any Restaurant or Merchant. You hereby release the Burpbig media Parties from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Burpbig media Parties.
  • Notify Us of Infringers.
    If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.

    In order for us to take action, you must do the following in your notice:

    (a) Provide your physical or electronic signature;
    (b) Identify the copyrighted work that you believe is being infringed;
    (c) Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
    (d) Provide us with a way to contact you, such as your address, telephone number, or email;
    (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
    (f) Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
  • Severability.
    If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  • Assignment.
    This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Burpbig media.
  • Waiver.
    Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.