COURMENU – Terms of use
Terms of Use Important Legal Notices
Before using
this Web site, please read the Terms of Use set forth below.
By using this Web site, you agree to be bound by the Terms of Use. Courmenu.com,
Inc. and its affiliates and subsidiaries ("We" or such conjugation
thereof as the context may require) reserve the right to review and revise the
Terms of Use from time to time without prior notice and, by using this site
subsequent to any revision of the Terms of Use, you agree to be bound by such
changes. If you find the Terms of Use to be unacceptable, you must immediately
terminate your use of this Web site.
1. No Representations Or Warranties
The services provided on this Web site and the content, information, documents,
graphics and images published at this Web site could include inaccuracies,
typographical errors or other errors. We make no commitment, however, to update
what is contained in this Web site. Furthermore, we reserve the right to
temporarily, or permanently, modify, alter, discontinue or delete the same
without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE
ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH
WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web site
when making business, financial, personal or other decisions. Furthermore, we
do not endorse the opinions of third parties expressed on this Web site or on
linked Web sites.
2. User Warnings/User Conduct
We make certain services available, including without limitation, restaurant
reviews and other community services provided that you agree to abide by the
terms and conditions contained in these Terms of Use. Without limiting the
generality of the foregoing, in consideration for our providing such services,
you also agree not to:
If
you violate such terms, we may, without prior notice and without liability to
you, ban you from any and all services and take any other action we deem
appropriate in our sole discretion.
With reference to any services we provide, you acknowledge that we may, from
time to time, without notice to you and at our sole discretion, establish
various practices, limitations and restrictions for administering such
services, and you agree to be bound by such practices. You agree that we are
not responsible or liable for loss of emails, communications, postings,
reservations, data or information as a result of, or arising out of, our
administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics, images,
information, advice, or opinion contained in any community services, or in any
other public services, and do not endorse any advice or opinion contained
therein. Except for restaurant reviews, which we review and may edit before
posting, we do not monitor or control such services, although we reserve the
right to do so. We may take any action we deem appropriate, in our sole
discretion, to maintain the high quality of our service and to protect
ourselves and others.
3. Web Site Links and Third-Party Sites
This Web
site may contain links to other Web sites that are independent of this Web
site. We make no representation or warranty as to the accuracy, value,
integrity, completeness or authenticity of the information or opinions
contained in any such linked Web site, and any link to another Web site shall
not in any manner be construed as an endorsement by us of that Web site, or of
the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and
objectionable content or which may contain dangerous computer viruses. You
assume, and we hereby disclaim, all responsibility for any of the content on
these sites or for any damage sustained by users of these sites.
4. Confidentiality
We
cannot guarantee your confidential use of this site. We shall not be
responsible for any harm that you or any person may suffer as a result of a
breach of confidentiality in respect to your use of this site.
5. Security
You may
have an account and password. You are responsible for maintaining the
confidentiality of your password and account information and are fully
responsible for all conduct carried out under this password and account. We are
not liable for any loss of confidentiality or for any damages arising from your
failure to comply with these terms. You will promptly report any unauthorized
use of your password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO
ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR
OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS
PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE,
EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS
INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE
FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT
INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND
MATERIALS.
7. Ownership
All
right, title and interest (including all copyrights, trademarks and other
intellectual property rights) in this Web site belong to us or our licensors.
In addition, the names, images and other indicia identifying our products and
services are our proprietary marks. A partial list of trademarks owned by us is
set forth in Section 14 of these Terms of Use. All other copyrights, trademarks
and other intellectual property rights referred to in this Web site belong to
their respective owners.
8. License
Nothing
contained in this Web site shall be construed as conferring any license or
right, expressly, by implication, by estoppels or otherwise, under any of our
intellectual property rights, or under any third party's intellectual property
rights, and no part of this Web site may be reproduced, republished, copied,
transmitted, or distributed in any form or by any means.
9. Claims of Copyright Infringement
Courmenu.com,
Inc. respect the intellectual property of others and may, in appropriate
circumstances and at its discretion, terminate the accounts of users who
infringe the intellectual property rights of others. If you believe that any
material on this Web site infringes on any copyright that you own or control,
or that any link on this Web site directs you to another Web site that contains
material that infringes on any copyright that you own or control, you may
notify Courmenu.com, Inc. by providing its copyright agent the information
required by the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C § 512.
Courmenu.com agent for notice of claims of copyright infringement on or
regarding this Web site can be reached as follows:
By mail:
.
Privacy Coordinator - courmenus.com
1133 Broadway Suite 805
New York City, NY 10010
by phone:
(347) 394-3076
by fax:
(480) 247-4338
10. Indemnification
YOU
AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS,
PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR
THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR
INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF
ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER
SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH
EVENT.
11. Governing Laws in Case of Dispute
THESE
TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF
12. International Use
We do
not represent that all content, materials and services on our Web site are
appropriate or available for use in all geographic locations, especially some
locations outside the United States, and accessing such from certain locations
may be illegal and prohibited. Those who do access content, materials and
services from such locations act on their own initiative and we are not
responsible for their compliance with local laws or other applicable laws. You
will not access the foregoing where prohibited by law.
13. Integration; Severability; General
These
Terms of Use incorporate by reference any notices contained on this Web site
and constitute the entire agreement with respect to your access to and use of
this Web site. We may modify these Terms of Use at any time by posting revised
Terms of Use on our Web site and your continuing use of such Web site and the
services constitutes your agreement to be bound by such modified Terms of Use.
Any provision of these Terms of Use which is determined by a court of competent
jurisdiction to be unenforceable in any jurisdiction shall be severable from
these Terms of Use in that jurisdiction without in any way invalidating the
remaining provisions of these Terms of Use. The unenforceability of any
provision in a given jurisdiction shall not make that provision unenforceable
in any other jurisdiction. Any litigation arising out of or in connection with
these Terms of Use or your use of our services must be commenced within one (6)
months after the cause of action arose, or it will be permanently barred.
14. Trademarks
For a
complete and current list of the trademarks and service marks owned by courmenu.com
– Creative Vision Media Inc., please send an email to copyright@courmenu.com