Last updated: March 13, 2015
Through the Site, we offer curated members-only dining services that allow you to order food items from one or more restaurants with whom Served by Stadium has a relationship (each “Restaurant”). Access to the Service is offered to you on a membership basis (your “Membership”).
Currently, Membership is bsaed on invite only. We reserve the right in our sole discretion to determine whether to invite you to use our Service. In order to request an invite, you will need to provide us with your email address and the address where you would like to get your food delivered. If, based on the delivery address, it is determined that we provide Service in your area, your account will be automatically activated. You will have to follow the instructions in the invitation email to complete your Membership registration. You will also have to create a username and password for your Membership account. You represent and warrant that all information you provide to us is truthful and accurate, and you will maintain the accuracy of such information.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Kitchen Stadium of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Kitchen Stadium will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
The electronic punch card was activated on October 15, 2014. Only deliveries after this date will be counted towards the count. You will need 4 deliveries to get $5 off. The punch card only applies to food deliveries that are placed directly by the customer via www.servedbystadium.com. It does NOT apply to recurring growler orders. Stadium reserves the right to suspend deliveries for any member who abuses the system.
Fees: Automatic Renewals
You agree to pay any applicable Membership fees made known to you during registration. Membership fees do not include the cost of food items that you order through the Service. We may use a third party service provider (“Third Party Service Provider”) to process your payment in connection with your use of the Service. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to such Third Party Service Provider, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time without notice to you.
It is important to note that when you sign up to use the Service, your Membership will automatically renew until you cancel it. You may cancel at any time by notifying us by email: firstname.lastname@example.org, the cancellation will take effect the following month. Again, if you do not cancel, then your Membership will automatically renew under the same Membership and applicable Membership fees will be charged to your credit card.
Served By Stadium Refer-a-Friend Program: THIS PROGRAM HAS BEEN DISCONTINUED AS OF MARCH 1, 2015. NO REFERRAL ORDERS RECEIVED AFTER THIS DATE WILL BE HONORED.
As a Refer-a-Friend member (a “Referrer”), you are subject to Kitchen Stadium’s Refer-a-Friend program:
- Qualified Referral: a Qualified Referral is defined as a purchase made at www.servedbystadium.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer: the Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards: for you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $10 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
- Reward Payments: rewards are payable in increments of $5. The maximum refund per order is $5. Each subsequent referral will be carried forward to future orders only.
- Eligibility: eligibility is limited to individuals only. Kitchen Stadium’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Kitchen Stadium’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Kitchen Stadium’s Refer-a-Friend program.
- Right to Close Accounts. Kitchen Stadium reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Kitchen Stadium's Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Kitchen Stadium reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
The Site and the Service contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Kitchen Stadium (collectively referred to as the “Kitchen Stadium Content”). The Kitchen Stadium Content is owned by us or our licensors, and is protected under both United States and foreign laws. The Kitchen Stadium Content includes trademarks, service marks, photos, images and logos of Kitchen Stadium and its licensors used and displayed on the Site and/or the Service, which are registered and/or unregistered trademarks or service marks of Kitchen Stadium or its licensors. Except as otherwise provided in these Terms and Conditions, you have no rights in or to any Kitchen Stadium Content.
By accessing the Site and/or using the Service, you hereby agree that:
- You will not use the Service for any unlawful purpose;
- All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
- You will not “stalk” or otherwise harass another user of the Service or any other person;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, fake, phony or fraudulent orders, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, or files related to the Service through hacking, password or data mining, or any other means.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Kitchen Stadium Disclaimers and Limitation of Liability
KITCHEN STADIUM IS ONLY RESPONSIBLE FOR DELIVERY SERVICES AND SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY FOOD ITEM THAT YOU ORDER THROUGH THE SERVICE. ALL FOOD ITEMS ARE PROVIDED BY THIRD PARTY RESTAURANTS OR INDEPENDANT CHEFS AND NOT BY KITCHEN STADIUM. THE RESTAURANTS ARE SOLELY RESPONSIBLE FOR PREPARING AND PACKAGING ALL FOOD ITEMS ORDERED THROUGH THE SERVICE. KITCHEN STADIUM DOES NOT TAKE RESPONSIBILITY FOR ANY ALLERGENS THAT MAY CONTAMINATE FOOD THAT IS MARKED AS ALLERGY FREE. KITCHEN STADIUM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY OF ANY FOOD ITEM OR THAT ANY RESTAURANT OR FOOD ITEM COMPLIES WITH APPLICABLE LAWS. NONE OF KITCHEN STADIUM, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KITCHEN STADIUM PARTIES”) ENDORSE OR RECOMMEND ANY RESTAURANT, OR ANY FOOD ITEMS PROVIDED BY ANY RESTAURANT. NONE OF THE KITCHEN STADIUM PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY FOOD ITEMS PROVIDED BY ANY RESTAURANT, OR FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGES CAUSED BY ANY FOOD ITEM, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY FOOD ITEM ORDERED THROUGH THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
FOR BEST RESULTS, FOOD SHOULD BE CONSUMED IMMEDIATELY AFTER DELIVERY. TWO HOURS AFTER DELIVERY, IT IS THE DINER’S RESPONSIBILITY TO STORE AND REHEAT FOOD UNDER APPROPRIATE CONDITIONS FOR LATER CONSUMPTION.
IF FOR ANY REASON, THE ORDERED FOOD AND/OR EXPERIENCE IS UNSATISFACTORY, NOTIFY KITCHEN STADIUM WITHIN 12 HOURS BY EMAIL: CONCIERGE@SERVEDBYSTADIUM.COM. KITCHEN STADIUM MAY REQUIRE THE RETURN OF THE PRODUCT TO INVESTIGATE THE PROBLEM FURTHER.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, ALL KITCHEN STADIUM CONTENT, AND THE SERVICE, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF KITCHEN STADIUM PARTIES SHALL BE LIABLE FOR ANY ERRORS OR ISSUES IN CONNECTION WITH ANY FOOD ORDERS PLACED OR ATTEMPTED TO BE PLACED THROUGH THE SERVICE OR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICE IS TO STOP USING THE SAME.
IN NO EVENT SHALL ANY OF THE KITCHEN STADIUM PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A KITCHEN STADIUM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KITCHEN STADIUM PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS AND CONDITIONS OR RELATING THERETO, EXCEED, AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU IN THE ONE (1) MONTH IMMEDIATELY PRECEDING SUCH CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE KITCHEN STADIUM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Compliance with Applicable Laws
The Site and the Service is based in the United States, and is intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Service, or any content, functions or materials made available to you through the Site and/or the Service may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Service or any Kitchen Stadium Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe the Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
Copyright Agent: Shaunak Amin
13 East 27th Street, New York, New York, 10016
To contact our Copyright Agent by email, please write to email@example.com,with COPYRIGHT NOTICE in the subject line.