RestaurantReservaions.com Terms of Use Agreement
May 1, 2006
RestaurantReservations.com is an online reservation system which
puts the “user” and “restaurant” together via our online reservation
system. The Services offered by RestaurantReservations.com
("RestaurantReservations.com" or "we") include the
RestaurantReservations.com Website (the "Website"), and any other
features, content, or applications offered from time to time by
RestaurantReservations.com in connection with the Website
(collectively, the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Services. By using the Services, you
agree to be bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the Website) or you are a "Member" (which
means that you have registered with RestaurantReservations.com). The
term "User" refers to a Visitor or a Member. You are only authorized to
use the Services (regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree
with it, you should leave the Website and discontinue use of the
Services immediately. If you wish to become a Member, book a
reservation, communicate with other Members and/or make use of the
Services, you must read this Agreement and indicate your acceptance at
the end of this document before proceeding to the Registration process.
This Agreement includes RestaurantReservations.com’s policy for
acceptable use of the Services and Content posted on the Website, your
rights, obligations and restrictions regarding your use of the Services
and RestaurantReservations.com’s Privacy Policy. In order to
participate in certain Services, you may be notified that you are
required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms
and conditions applicable to the Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at: privacy@restaurantreservations.com, Subject: TOS.
RestaurantReservations.com may modify this Agreement from time to
time and such modification shall be effective upon posting by
RestaurantReservations.com on the Website. You agree to be bound to any
changes to this Agreement when you use the Services after any such
modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on
RestaurantReservations.com and that you provide to other Users. Your
RestaurantReservations.com profile may not include the following items:
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other
RestaurantReservations.com Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and RestaurantReservations.com assumes
no responsibility or liability for this material. If you become aware
of misuse of the Services by any person, please contact
RestaurantReservations.com at Abuse@restaurantreservations.com or click on the "Report Inappropriate Content" link at the bottom of any RestaurantReservations.com page.
RestaurantReservations.com reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including
email) by you, or to restrict, suspend, or terminate your access to all
or any part of the Services at any time, for any or no reason, with or
without prior notice, and without liability.
- Eligibility. Use of and Membership in the
Services is void where prohibited. By using the Services, you represent
and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 16 years of age or older; and (d) your use of
the Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 16 years of age.
- Term. This Agreement shall remain in full force and effect while you use the Services or are a Member.
- Fees.
You acknowledge that RestaurantReservations.com reserves the right to
charge for the Services and to change its fees from time to time in its
discretion. If RestaurantReservations.com terminates your Membership
because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees.
- Password.
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify
RestaurantReservations.com immediately if you suspect any unauthorized
use of your account or access to your password. You are solely
responsible for any and all use of your account.
- Non-commercial Use by Members.
The Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by RestaurantReservations.com.
Illegal and/or unauthorized use of the Services, including collecting
usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the Services.
- Proprietary Rights in Content on RestaurantReservations.com.
- By
displaying or publishing ("posting") any Content, messages, text,
files, images, photos, video, sounds, profiles, works of authorship, or
any other materials (collectively, "Content") on or through the
Services, you hereby grant to RestaurantReservations.com, a
non-exclusive, fully-paid and royalty-free, worldwide license (with the
right to sublicense through unlimited levels of sublicensees) to use,
copy, modify, adapt, translate, publicly perform, publicly display,
store, reproduce, transmit, and distribute such Content on and through
the Services. This license will terminate at the time you remove such
Content from the Services. You represent and warrant that: (i) you own
the Content posted by you on or through the Services or otherwise have
the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through the Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted
by you to or through the Services.
- The Services contain
Content of RestaurantReservations.com ("RestaurantReservations.com
Content"). RestaurantReservations.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and
RestaurantReservations.com owns and retains all rights in the
RestaurantReservations.com Content and the Services.
RestaurantReservations.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the
RestaurantReservations.com Content (excluding any software code) solely
for your personal use in connection with viewing the Website and using
the Services.
- The Services contain Content of Users
and other RestaurantReservations.com licensors. Except for Content
posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing
on or through the Services.
- Content Posted.
- RestaurantReservations.com
may delete any Content that in the sole judgment of
RestaurantReservations.com violates this Agreement or which may be
offensive, illegal or violate the rights, harm, or threaten the safety
of any person. RestaurantReservations.com assumes no responsibility for
monitoring the Services for inappropriate Content or conduct. If at any
time RetaurantReservations.com chooses, in its sole discretion, to
monitor the Services, RestaurantReservations.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
- You are solely
responsible for the Content that you post on or through any of the
Services, and any material or information that you transmit to other
Members and for your interactions with other Users.
RestaurantReservations.com does not endorse and has no control over the
Content. Content is not necessarily reviewed by
RestaurantReservations.com prior to posting and does not necessarily
reflect the opinions or policies of RestaurantReservations.com.
RestaurantReservations.com makes no warranties, express or implied, as
to the Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members.
- Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal
or prohibited to post on or through the Services.
RestaurantReservations.com reserves the right to investigate and take
appropriate legal action against anyone who, in
RestaurantReservations.com's sole discretion, violates this provision,
including without limitation, removing the offending communication from
the Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of RestaurantReservations.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
- promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
- involves the transmission
of "junk mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or "spamming";
- contains restricted
or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
- furthers or
promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to
making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal
or prohibited on the Website and through your use of the Services.
RestaurantReservations.com reserves the right to investigate and take
appropriate legal action against anyone who, in
RestaurantReservations.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including
child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
- advertising to,
or solicitation of, any Member to buy or sell any products or services
through the Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use
any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising
or solicitation, RestaurantReservations.com reserves the right to
restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which RestaurantReservations.com
deems appropriate in its sole discretion. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Services, you acknowledge that
you will have caused substantial harm to RestaurantReservations.com,
but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay
RestaurantReservations.com $250 for each such unsolicited email or
other unsolicited communication you send through the Services;
- covering
or obscuring the banner advertisements on your personal profile page,
or any RestaurantReservations.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- attempting to impersonate another Member or person;
- using
the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person; or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of
RestaurantReservations.com to terminate Membership privileges of any
Member who repeatedly infringes the copyright rights of others upon
receipt of prompt notification to RestaurantReservations.com by the
copyright owner or the copyright owner's legal agent. Without limiting
the foregoing, if you believe that your work has been copied and posted
on the Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: (i)
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed; (iii) a
description of where the material that you claim is infringing is
located on the Website; (iv) your address, telephone number, and email
address; (v) a written 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; (vi) 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. RestaurantReservations.com's Copyright Agent for notice
of claims of copyright infringement can be reached as follows:
Copyright Agent, RestaurantReservations.com, Inc. 15 Sarcona Court,
Staten Island, NY 10309 Attn: Copyright Agent; and email: copyrightagent@restaurantreservations.com.
- Member Disputes.
You are solely responsible for your interactions with other
RestaurantReservations.com Members. RestaurantReservations.com reserves
the right, but has no obligation, to monitor disputes between you and
other Members.
- Privacy. 1.Privacy. Use
of the Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
- Disclaimers.
RestaurantReservations.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the
Services provided, whether caused by Users of the Services or by any of
the equipment or programming associated with or utilized in the
Services. Profiles created and posted by Members on
RestaurantReservations.com may contain links to other websites.
RestaurantReservations.com is not responsible for the Content, accuracy
or opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
RestaurantReservations.com. Inclusion of any linked website on
RestaurantReservations.com does not imply approval or endorsement of
the linked website by RestaurantReservations.com. When you access these
third-party sites, you do so at your own risk.
RestaurantReservations.com takes no responsibility for third party
advertisements which are posted on this Website or through the
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. RestaurantReservations.com is not
responsible for the conduct, whether online or offline, of any User of
the Services. RestaurantReservations.com assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication. RestaurantReservations.com is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the Services. Under no
circumstances shall RestaurantReservations.com be responsible for any
loss or damage, including personal injury or death, resulting from use
of the Services, attendance at a RestaurantReservations.com event, from
any Content posted on or through the Services, or from the conduct of
any Users of the Services, whether online or offline. The Services are
provided "AS-IS" and as available and RestaurantReservations.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. RestaurantReservations.com cannot guarantee and does
not promise any specific results from use of the Services.
- Limitation on Liability.
IN NO EVENT SHALL RESTAURANTRESERVATIONS.COM BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF RESTAURANTRESERVATIONS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, RESTAURANTRESERVATIONS.COM'S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO RESTAURANTRESERVATIONS.COM FOR THE SERVICES DURING THE TERM OF
MEMBERSHIP.
- U.S. Export Controls.
Software available in connection with the Services (the "Software") is
further subject to United States export controls. No Software may be
downloaded from the Services or otherwise exported or re-exported in
violation of U.S. export laws. By downloading or using the Software,
you represent and warrant that such download or use is not in violation
of any such law.
- Disputes. If there is
any dispute about or involving the Services, you agree that the dispute
shall be governed by the laws of the State of New York without regard
to conflict of law provisions and you agree to personal jurisdiction by
and venue in the state and federal courts of the State of New York,
City of New York City. Either RestaurantReservations.com or you may
demand that any dispute between RestaurantReservations.com and you
arising out of this Agreement must be settled by arbitration utilizing
the dispute resolution procedures of the American Arbitration
Association (AAA) in Staten Island, New York.
- Indemnity.
You agree to indemnify and hold RestaurantReservations.com, its
subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above and/or if
any Content that you post on the Website or through the Services causes
RestaurantReservations.com to be liable to another.
- Other.
This Agreement is accepted upon your use of the Website or any of the
Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and
RestaurantReservations.com regarding the use of the Services. The
failure of RestaurantReservations.com to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
RestaurantReservations.com is a trademark of Restaurant Reservations
Dot Com, Inc. This Agreement operates to the fullest extent permissible
by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining
provisions.
Please contact us at: privacy@restaurantreservations.com with any questions regarding this Agreement.
