Terms & Conditions

1. Agreement to these terms

These Terms & Conditions (“Terms”) form an agreement between you and ATX Top Eatery (“we”, “us”, the “Site”) covering your use of atxtopeatery.com and everything on it. By visiting the Site or submitting a listing, you accept these Terms. If you do not accept them, please do not use the Site.

2. What the Site is

The Site is a free, community-contributed directory of restaurants, bars, coffee shops, food trucks and similar businesses in and around Austin, Texas. Its purpose is discovery: to save you the guesswork of working out where to eat.

The Site is an index and a signpost. It is not a review platform, a reservation service, a food-ordering service, or an endorsement of any business listed on it. We are not affiliated with, and do not act on behalf of, the businesses that appear here unless expressly stated.

3. Eligibility

The Site is intended for people aged 13 and over. Some listings relate to businesses that serve alcohol; nothing on the Site is an invitation to anyone under the legal drinking age to purchase alcohol. You are responsible for complying with the laws that apply to you.

4. Submitting a listing

Anyone may add a listing without creating an account. When you submit a listing, you confirm that:

• the URL points to the official website or official social profile of a real, operating food or drink business in the Austin area;
• the name, summary and image you provide are accurate, not misleading, and not defamatory;
• you have the right to submit any image you upload, and that doing so does not infringe anyone’s copyright, trademark or other rights; and
• you are not submitting on behalf of a competitor to disparage a business.

Submissions may be limited by a cooldown period between entries. A given URL can appear on the site only once.

Licence you grant us

By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, and display that content on the Site and in materials promoting the Site, for as long as the listing remains published. You keep ownership of anything you submit. You can ask us to remove a listing at any time (see section 10).

Moderation

We review submissions and may edit, decline, unpublish or delete any listing, at any time, for any reason or none — including listings that are inaccurate, out of date, duplicated, off-topic, or that we simply do not want to host. We are under no obligation to publish anything.

5. Acceptable use

You agree not to:

• submit spam, malware, phishing links, adult content, or content unrelated to Austin food and drink;
• artificially inflate a listing’s visit count or its position on the page, whether manually, through scripts, bots, click farms, or by paying others to visit;
• scrape, crawl, or bulk-download the Site beyond what a normal visitor does, or circumvent any rate limit;
• impersonate a business, a person, or misrepresent your affiliation with one; or
• interfere with, probe, or attempt to gain unauthorised access to the Site.

We may block access, remove content, and take any other step available to us in response to conduct we consider abusive.

6. Order of listings

The order in which listings appear is a way of arranging a long page, nothing more. It reflects a mix of recorded interest, how recently a listing was added, and our own editorial choices — including listings we feature or give a starting position to. It is not a ranking, a score, a competition, or a measure of food quality, service, hygiene, safety, or value.

We may reorder, feature, or highlight any listing at any time, for any reason. Visit counts shown alongside listings are collected on a best-effort basis, may be de-duplicated, may lag behind real time while cached, may include a starting figure we set, and may be adjusted or discarded where we believe they were manipulated. Do not rely on a position or a count as a statement of fact about a business.

7. Advertising and sponsorship

The Site is free to browse and free to submit to. Running it is not free, so we may display advertising, sponsored placements, or affiliate links, whether sold by us or served by a third-party advertising network. Where a placement is paid for, we will identify it as advertising or sponsored.

Advertising does not change what these Terms say about the businesses listed here: an advertisement is not our endorsement of the advertiser, and we are not responsible for an advertiser’s products, services, or claims. Any dealing you have with an advertiser is between you and them. If advertising involves third-party cookies or similar technologies, the Privacy Policy will say so before it goes live.

8. Third-party websites

Listings link to websites we do not control. Outbound links carry a utm_source parameter so businesses can identify traffic that came from the Site. We are not responsible for the content, accuracy, availability, pricing, privacy practices, or safety of any third-party website, and including a link is not an endorsement.

9. Intellectual property

The Site’s name, logo, design, copy, and code are owned by us and protected by applicable law. Business names, logos, and trademarks that appear in listings belong to their respective owners and are used for identification and descriptive purposes only.

Copyright complaints

If you believe content on the Site infringes your copyright, email [email protected] with the URL, a description of the work, and a statement that you are the rights holder or authorised to act for them. We remove infringing material promptly once verified.

10. If you own a listed business

Listings are added by members of the public. If your business appears here and you would like the entry corrected, updated, or removed entirely, email [email protected] from an address associated with the business and we will action it. There is no charge, and we will not ask you to pay to stay listed or to be delisted.

11. Disclaimers

The Site is provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or that any information on it — including opening status, location, menu, or contact details — is accurate or current. Always check with the business directly.

12. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Site — whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Site will not exceed one hundred US dollars (US$100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply to the maximum extent permitted, and nothing in these Terms limits liability that cannot lawfully be limited.

13. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising from content you submit, your use of the Site, or your breach of these Terms.

14. Availability and changes

The Site is a personal side project. We may change, suspend, or discontinue any part of it — or all of it — at any time, without notice and without liability.

We may update these Terms from time to time. The “Last updated” date above tells you when they last changed. Material changes take effect when posted; continuing to use the Site afterwards means you accept the revised Terms.

15. Governing law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. You and we agree that the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any dispute arising from these Terms or the Site, and you consent to venue there.

16. General

If any provision of these Terms is found unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site.

17. Contact

Questions about these Terms: [email protected].