This Terms of Use Agreement was last updated on July 4, 2007.
This Terms of Use Agreement sets forth the standards of use of the TasteSpace.com Online Service. By using the Tastespace.com website you ("User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at TasteSpace.com. Your continued use of the Service after amendments are posted constitutes your acknowledgement and acceptance of all amendments and modifications to this Agreement. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
TasteSpace, LLC is providing User with: a comprehensive database of bar and restaurant profiles; a multi-faceted search engine of relevant content across the Internet; wireless applications; event-planning capabilities; and an interactive Web 2.0 community. User must (1) provide all equipment necessary for their own Internet connection, including computer and modem, (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.
- Disclaimer of Warranties
The site is provided by TasteSpace, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, TasteSpace, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. TasteSpace, LLC shall have no liability for any interruptions in the use of this Website. TasteSpace, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
TASTESPACE, LLC SHALL NOT be liable for any damages whatsoever, and in particular TASTESPACE, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TASTESPACE, LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
- Indemnification
User agrees to indemnify and hold TasteSpace, LLC, its parents, subsidiaries, affiliates, officers, managers, members and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
TasteSpace, LLC reserves the right to modify or discontinue the Service with or without notice to User. TasteSpace, LLC shall not be liable to User or any third party should TasteSpace, LLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that TasteSpace, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore. We encourage all Users to review the privacy policies of third-parties' sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While TasteSpace, LLC makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website.
TasteSpace, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts of New York
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
- Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2007 TasteSpace.com, with all rights reserved, or is the property of TasteSpace, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TasteSpace, LLC is strictly prohibited and will be investigated and/or prosecuted. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TasteSpace, LLC.
TasteSpace.comTM is a proprietary mark of TasteSpace, LLC. TasteSpace, LLC's trademarks may not be used in connection with any product or service that is not provided by TasteSpace, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TasteSpace, LLC, and in no event without the prior written permission of an authorized officer of TasteSpace, LLC.
All other trademarks displayed on TasteSpace, LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TasteSpace, LLC.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, TasteSpace, LLC.com has designated an individual as its agent for receipt of notifications of claimed copyright infringement, who can be reached--
By Mail:
TasteSpace, LLC
Attn: LEGAL DEPARTMENT
134 West 26th Street, Suite
702
New York, NY 10001
By Email: legal@tastespace.com
- Botnets
TasteSpace, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, TasteSpace, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by TasteSpace, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of User's personally identifiable information and other practices described in our Privacy Policy Statement.
