TERMS AND CONDITIONS OF USE OF WEB SITE AND PARTICIPATION IN
SOCIALEATS EVENTS
1. LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION
In order to use the SocialEats web site and/or
participate in SocialEats events, you must register and agree to
be bound by these Terms of Conditions of Use ("Agreement"). As part
of your registration, you must confirm that you have read these
Terms and Conditions of Use and follow the instructions for Registration.
This Agreement sets out the legally binding terms for your use of
the web site and participation in all SocialEats events. This Agreement
may be modified by Fourth Floor Equipment Corp, doing business as
SocialEats ("SocialEats"), the owner of this web site, from time
to time, by providing at least 30 days prior notice in SocialEats
newsletter or by posting on its web site. We therefore recommend
that you read all newsletters in order to keep up to date with any
changes in this Terms and Conditions of Use of Web Site and Participation
in SocialEats Events.
2. ELIGIBILITY
You must be at least twenty-one years old to register
for SocialEats events and use this web site. Participation in SocialEats
events and use of this web site is void where prohibited. By using
this web site and/or participating in SocialEats events, you represent
and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all of the terms and conditions
of this Agreement.
3. TERM
This Agreement will remain in full force and effect
while you use this web site and/or participate in any SocialEats
events. You may terminate your participation at any time, for any
reason by sending a written notice of termination to SocialEats
by email. SocialEats may terminate your access to the web site and
your participation in any SocialEats events if you have breached
the Agreement, by notifying you, in writing, by email, at the email
address you have provided. If your rights are so terminated you
will not be entitled to a refund of any amounts paid to SocialEats.
Even after this Agreement is terminated, the provisions of paragraphs
4, 7, 8, 9, 11, 12, 13, 14, 15 and 16 shall remain in effect.
4. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
4.1 The content of this web site is the property
of SocialEats, its business partners, and/or various third party
providers and distributors. Fourth Floor Equipment Corp. is duly
formed in the United States of America under the laws of the State
of New York and is qualified to do business in the State of New
York.
4.2 All title, ownership and intellectual property
rights, including the rights to copyrights, trademarks, service
marks and logos (collectively, the "Intellectual Property") used
on the web site are vested in SocialEats, its business partners
and their affiliates and/or various third parties. Nothing contained
on this web site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of the Intellectual
Property without the written permission of SocialEats, its business
partners or the applicable third party that owns such Intellectual
Property.
4.3 You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, products, services
or any portion of any material obtained from this web site, nor
may you use any of the Intellectual Property in connection with
any other service without the express written consent of SocialEats,
its business partners and/or their third party providers and distributors.
5. ACCESS AND USE
5.1 You are granted access to make personal use
of this site and you are not allowed to download (other than page
caching), modify or create a hyperlink to this site, or any portion
of it, except with the express prior written consent of SocialEats
or its business partners, as applicable.
5.2 You may not use this site or its contents for
any resale or commercial use; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools.
5.3 You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) that belongs to SocialEats,
its business partners, their affiliates or any third party, without
the prior written consent of SocialEats, its business partners,
or such applicable third party.
5.4 You may not use any meta tags or any other
"hidden text" utilizing the name or trademarks of SocialEats, its
business partners, or their third party providers and distributors,
without each of their express prior written consents.
5.5 You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered illegal,
give rise to civil liability, or otherwise be in violation of any
law.
5.6 Any unauthorized use by you may result in the
termination of your right to use this site and to participate in
SocialEats events.
6. PARTICIPATION IN SOCIALEATS EVENTS
6.1 In order to participate in SocialEats events
you must have access to the Internet as well as a valid email account,
as all event information, personal information, and host rating
must be entered through the SocialEats web site. Additionally, management
of all event information, personal profiles, and host rating are
conducted through the SocialEats web site and/or by email.
6.2 Although the submission of profile information
is optional, you are encouraged to do so, to provide hosts and guests
a chance to prepare for conversation and discussion. All profile
and contact information must be in plain text; You may not submit
any meta tags or any other "hidden text" to the SocialEats web site.
See Privacy Policy.
6.3 The combination of SocialEats events and the
SocialEats web site afford participants an unique opportunity to
meet others with a passion for food and entertaining in a relaxed
social dining setting.
7. WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. SOCIALEATS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS
SITE FROM TIME TO TIME. SOCIALEATS, ITS BUSINESS PARTNERS, THEIR
AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO
REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. SOCIALEATS, ITS BUSINESS PARTNERS,
THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. SPECIAL LIABILITY DISCLAIMERS AND RELEASE
You hereby understand and acknowledge that by using
this web site and participating in SocialEats events that your email
address, first name and certain other profile information that you
provide, will be provided to certain other participants.
Neither SocialEats nor any of its business partners
have conducted any research on the backgrounds of any of the guests
attending SocialEats events or visitors to this web site, and you
agree to release SocialEats and its business partners from any liability
and assume the full responsibility and risk with respect to any
person you meet at a SocialEats event or through this web site.
We strongly encourage you to take the same precautions you would
take in meeting any new person in order to assure your safety.
SocialEats screens each host to see if they can
provide a suitable dining experience. However, you agree to release
SocialEats and its business partners from any liability and assume
the full responsibility and risk with respect to a host introduced
to you through the SocialEats web site. Additionally, SocialEats
disclaims any warranties arising from food, beverages, place settings,
fixtures, furniture, or venue a host may provide.
A host may choose to invite members outside of
the SocialEats network to attend a SocialEats event. You agree to
release SocialEats and its business partners from any liability
and assume the full responsibility and risk with respect to any
person you meet at a SocialEats event.
You also understand and acknowledge that SocialEats
events are held at venues of which neither SocialEats nor any of
its business partners have any control. Therefore, in the event
that you are injured or suffer damages in any regard at a SocialEats
event, you agree to release SocialEats and its business partners
from any liability with respect thereto, unless such damages result
directly from the actions of any employee or agent of SocialEats
or its business partners. Hosts, guests, and others invited to a
SocialEats event are not agents or business partners of SocialEats.
All participants in SocialEats events understand
and acknowledge that SocialEats provides a fun and exciting method
of meeting new people. SocialEats does not guarantee that any participant
will successfully enjoy the company or hospitality of any other
participant or host. Additionally, SocialEats does not guarantee
that any event will be successful. SocialEats reserves the right
to cancel, or modify, an event at its discretion. Notification of
any cancellation or modification will be posted on the SocialEats
website or may be distributed through email.
9. MEDIA AUTHORIZATION AND RELEASE
SocialEats, along with certain permitted third
parties including, without limitation, representatives of the television,
radio, print and online media, may photograph and/or make audio/video
recordings of any of the SocialEats events. By attending and participating
in any SocialEats event, each participant agrees to permit the taking
of any such photographs and to be recorded in both audio and video
media.
Each participant at a SocialEats event also irrevocably
authorizes SocialEats, its agents, representatives, successors and
assigns to use in perpetuity, throughout the world, in any manner
whatsoever, all or any portion of photographs and audio/video recordings
in which such participant appears, and any comments, statements
or testimonials made by such participant, while attending a SocialEats
event. Such photographs may be used by SocialEats, its agents, representatives,
successors and/or assigns for any legal purpose including, without
limitation, marketing and advertising of SocialEats events or products,
or for editorial purposes.
No person shall be entitled to any compensation
in connection with the use and exploitation of any photographs or
audio/video recordings.
Each participant at a SocialEats event irrevocably
releases SocialEats, its principals, employees, agents, representatives,
successors and assigns from and against any and all claims, suits,
liabilities, or damages which such person may have in connection
with his or her attendance and/or participation in any SocialEats
event and the exploitation of photographs and/or audio/video recordings
in any manner or format.
SocialEats will not use a participant's name or
any other personally identifiable information, with the exception
of aforementioned photographs and video images, unless such participant
has specifically granted his or her consent, in writing, for such
use.
10. LIMITATION OF LIABILITY
NEITHER SOCIALEATS NOR ITS BUSINESS PARTNERS ASSUME
ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE
OR YOUR DOWN LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO
OR AUDIO FROM THIS SITE. IN NO EVENT SHALL SOCIALEATS, ITS BUSINESS
PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES
OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE
OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING,
WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT
OF THIS WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY
SOCIALEATS, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD
PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the foregoing, SocialEats,
its business partners, their affiliates or any third party provider
or distributor should be found liable for any loss or damage, with
respect to the use of this web site or in connection with any SocialEats
event, such damages shall not exceed, in the aggregate, the fees
paid by any person for the services and/or products of SocialEats.
Some states and jurisdictions do not allow limitation of liability,
so the foregoing limitation may not apply to you.
11. LINKS TO THIRD PARTY SITES
This web site may provide, or third parties may
provide, links to other web sites or resources. These links are
provided to you as a convenience and not as an endorsement by SocialEats
of such other web sites. SocialEats has no control over such sites
and resources and is not responsible or liable for any content,
advertising, products, or materials relating to such other sites,
or for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any such content, goods
or services available on or through any such sites or resources.
If you decide to access other web sites, you do so at your own risk.
12. COPYRIGHTS AND COPYRIGHT AGENT
SocialEats recognizes and is concerned about the
protection of the intellectual property of third parties, and requires
that all users of its web site do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide SocialEats' Copyright Agent 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 SocialEats' web 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;
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 authorized to act on the copyright owner's
behalf.
SocialEats' Copyright Agent for notice of claims
of copyright infringement on its site is Benjamin Marcus who can
be reached as follows:
Copyright Agent:
Benjamin Marcus
By email: socialeats@SocialEats.com
By phone: (212) 932-8480
By mail: 147 W 95th St. Apt 1R, New York, NY 10025
13. MEMBER DISPUTES
You are solely responsible for your interactions
with other participants in SocialEats events. SocialEats reserves
the right, but has no obligation, to monitor disputes between you
and other participants or hosts.
14. U.S. EXPORT CONTROLS
Software from this web site is subject to United
States export controls. No software from this site may be downloaded
or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other Country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
By using this web site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
15. INDEMNIFICATION
You agree to indemnify and hold SocialEats, its
business partners, and each of their subsidiaries, affiliates, officers,
agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of this
web site or participation in the SocialEats events in violation
of this Agreement and/or arising from a breach of these Terms and
Conditions of Use and/or any breach of your representations and
warranties set forth herein.
16. GOVERNING LAW
This Agreement and its performance is governed
by the laws of the State of New York, United States of America,
without regard to its conflict of laws provisions. You consent and
submit to the exclusive jurisdiction of the Courts of the State
of New York located in New York County and the Federal District
Court for the Southern District of New York in all matters arising
out of your use of this site.
17. MODIFICATION
SocialEats may at any time modify these terms and
conditions and your continued use of the site will be conditioned
upon the terms and conditions in force at the time of your use.
18. ADDITIONAL TERMS
Additional terms and conditions will apply to the
use of this site, including purchases of goods and services, the
terms of which are incorporated herein.
19. SEVERABILITY
These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced to the
fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining
provisions.
20. HEADINGS
The headings used in these terms and conditions
are included for convenience only and will not limit or otherwise
affect these terms and conditions. 21. PRIVACY You acknowledge that
you have read the SocialEats Privacy Policy, the terms of which
are incorporated herein. See Privacy Policy.
22. ASSIGNMENT
You may not assign, convey subcontract or delegate
your rights, duties or obligations hereunder.
