Last Updated: July 29, 2013
BUZZTABLE WEBSITE AND DOWNLOADABLE APPLICATIONS
TERMS OF SERVICE
This website http://www.buzztable.com (the "Site") is maintained by BuzzTable, Inc. ("us", "we" or the “Company”),
214 W. 29th St., 5th Floor, New York, NY 10001
BuzzTable is an internet-based communication platform for Restaurants and their Guests, which also includes downloadable mobile applications.
As used in this Site, “you” means the person(s) that is provided access to this Site by the Company. By accessing this website you agree:
GENERAL TERMS AND CONDITIONS
Binding Legal Agreement. By accessing or using this site, you agree to be bound by and comply with these Terms of Service, including all restrictions, limitations, and technical legal matters set forth below. If you do not agree with any part of these Terms of Service, please do not use or access this Site.
General Restrictions. This website may only be used if you are (i) above the age of 13; (ii) permitted to so under the laws of the United States, as well as applicable laws in your country of residence if other than the U.S., and (iii) using the site in accordance with these Terms of Service and all restrictions contained herein. If you are under the age of 18, you must use the Site only with the consent of your parent or legal guardian.
Termination of Service. You acknowledge and agree that your ability to use or access this website is subject to your continuing compliance with these Terms of Service or any laws or rules of conduct specified or incorporated herein, the violation of which may result in the termination or suspension of your ability to use this website at our sole discretion. See “TERMINATION”, below.
Privacy Statement. Our Privacy Statement describes how the Company collects, uses and shares information you submit to us with third parties. By accessing and using this Site, you are automatically agreeing to both these Terms of Service and with the Company’s practices regarding the collection, use and disclosure of your information, as set forth in the Privacy Statement. The Company expressly reserves the right to collect, use and disclose information as provided in our Privacy Statement, including without limitation saving and/or archiving such information and the use of all information and comments submitted in or in connection with the site content.
CHANGES TO TERMS OF SERVICE
The Company reserves the right, at its discretion and without prior notice to you, to change or modify the Terms of Service, including its Privacy Statement or hereof, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Site, or by electronic or conventional mail, or by any other means by which you may obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications or additions. It is your responsibility to periodically review this Site and become aware of any such changes or modifications. This Terms of Service agreement also includes specific copyright, license and other legal provisions contained below.
You do not have to create a user account to use the Site. However, accessing certain features of this Site requires you to create a user account comprised of choosing a user name and password ("User Account"). Your User Account is for your personal and related business use only and may require you to submit personal information, such as your name, affiliated company/business name, e-mail address, and phone number. The Company reserves the right to use your submitted personal information for sales-related solicitation. You should keep your User Account information confidential. You agree not to use another User's user name and password to access the Site. The Company also reserves the right to suspend or terminate a User Account at any time in the event that a user does not comply with any provision of this Terms of Service. The Company further reserves the right to suspend or terminate a User Account that has been inactive for a period of twelve (12) months or more. If you have questions or concerns about your account, please contact us at: email@example.com.
YOUR RIGHT TO USE THIS SITE
The Company grants you a personal, limited, non-exclusive, non-transferable and revocable license to access and use this Site for education relating to contemporary merchant and restaurant-related problems as set forth on this Site, and subject in all cases to this Terms of Service. The Company reserves the right to suspend or terminate operation of this Site at any time for any reason without liability to you. The Company has the right to change or discontinue any aspect or feature of the Site without prior notice to you, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without liability to you.
In addition to other proprietary rights specified in this Terms of Service, users may not: a) frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Site (collectively, "Elements"); b) gather, obtain, use, access or otherwise copy the Site or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; c) use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site or such services; d) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site; or e) engage in any activity that interferes with another user's access, use or enjoyment of this Site.
OWNERSHIP OF WEBSITE AND CONTENT
This website, and unless otherwise indicated, all content appearing on this Site (collectively, “content” or “materials”) is the sole and exclusive property of the Company and/or the authors, owners or publishers of such content, and are protected, without limitation, by U.S. and foreign copyright and trademark laws. informational such content and materials, including without limitation text, images, audio, video, music, sound, computer code and software, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use, publishing or distributing any such materials to any third party, or creating a derivative work based on such content or materials, is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute, or modify in any way any materials available on this website without written permission from us. If you access this material outside the United States, you are responsible for compliance with all applicable local laws and regulations. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. No user of this Site will acquire any ownership or use rights by accessing or downloading copyrighted material.
Your License to Us for Your Submitted Content. You agree that by posting content, sending emails, inputting data, answering questions, including without limitation your responses and comments in or in connection with BuzzTable Content and/or Blog Posts, uploading data or files or otherwise communicating with the Company, you and the owner of such materials are granting to the Company an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, unrestricted license (the “License”) to use, display, adapt, modify, reproduce, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material these materials at the Company’s sole discretion. You and the owner further hereby expressly waive any and all claims, and agree that you shall not have any claims against the Company or any of its Affiliates for using or adapting these materials. You understand that the License also includes the right to modify, edit, display, publish your submission for all non-commercial uses, including display on the website or Affiliate websites and all promotional uses relating thereto in all media. You further represent and warrant to the Company that you have all the necessary rights in and to any material you submit and the material does not infringe or violate any copyrights, trademarks or other intellectual property, contract or other rights of any kind of any third party. You also agree to permit any other user to access, view, store or reproduce the material for that user's personal, non-commercial use.
Third Party Content. Certain content portions of the Site are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any this Site by anyone other than employee spokespersons of the Company while acting in their official capacities.
Submissions to the Site. The Company welcomes suggestions and comments regarding the Site. Any comments or suggestions that you submitted to the Company, either online or offline, will become property of the Company upon submission by you automatically and without notice. You will not retain any rights of any kind in such comments or suggestions submitted to the Company, including without limitation in or in connection with BuzzTable Content and/or Blog Posts.
USER ACKNOWLEDGEMENTS AND AGREEMENTS
“BuzzTable” is a registered trademark owned by the Company or an affiliate, and misuse of any such mark or of any of the information appearing on this site may violate copyright and trademark law. All other trademarks not owned by the Company or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates.
The Company prohibits the posting of any information or materials that violate or infringe the copyright of any person or entity.
Notice of Infringement. If you believe that any content on this site infringes your copyright, you must notify they Company’s designated agent provided below in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3). In addition, if you feel that any other intellectual property right has been or is being violated through use on this site by any person, please contact the Company at firstname.lastname@example.org. To be effective, the Notice must include the following:
Remedies. In appropriate cases, at the Company’s sole discretion, we will suspend and/or terminate subscriptions or accounts of copyright infringers. If you believe that a copyright of yours or any other person has been infringed, please notify email@example.com and provide adequate backup information to support your claim of copyright infringement.
Additional User Agreements. You further agree that you will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any content or any service or software component posted on, embedded in, or available through this website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK. YOUSHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD(S). NEITHER (i) THE COMPANY, (ii) ITS PARENT, SUBSIDIARIES OR AFFILIATES, NOR (iii) ANY OF THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, DIRECTORS, STOCKHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (THE PARTIES SPECIFIED IN CLAUSES (ii) AND (iii), COLLECTIVELY, THE “COVERED PARTIES”), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES WITH WHICH IT IS LINKED. THE SITE LINKS TO OR REFERENCES SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE PF HAS NO CONTROL OVER SUCH SITES AND INFORMATION, PF MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND PF ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCES LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. THE COMPANY MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PF AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITHTHE USER.
IN NO EVENT WILL THE COMPANY OR ANY COVERED PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PF, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
You hereby agree to defend, indemnify, and hold the Company and the Covered Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Service by you, including conduct in violation of these Terms of Service or the failure of any representation or warranty made by you pursuant to these Terms of Service, or arising out of your use of this Site, including but not limited to the publication, submission or transmission of any message, information, content or materials on this site by you.
LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to websites that are run and maintained by third parties. The Company is not responsible, nor shall it be held liable for, the content, services, or products provided on these websites, nor for the practices of any third party. These Terms of Service apply solely to this website, or any other website expressly incorporated or referenced by the Company herein, and you should always review the terms and conditions of any site that you access through a link from this or any other website.
NO UNSOLICITED MANUSCRIPTS
The Company does not accept the submission of unsolicited manuscripts via this Site and does not accept responsibility for any such submissions.
The Company takes reasonable steps to ensure website security and safeguard content and submissions. However, no system is 100% secure and reliable, and is also dependent on other factors beyond its control, such as hosting services, internet intermediaries, your internet service provider and other service providers whose reliability is not controlled or guaranteed by the Company. Accordingly, when you use this website, you accept both these risks and the responsibility for choosing a technology that does not provide perfect security or reliability.
By using this website, you understand and accept that the Company may suspend or terminate your account or ability to use this Site if it determines at its sole discretion that you have violated any provision in these Terms of Service or have used or attempted to use this website in any manner inconsistent with the stated purposes of this Site.
You agree that we may provide you with notice hereunder by email, regular mail or postings on the Site as applicable, at the Company’s sole discretion, and that we may rely on the contact or registration information you have provided as being accurate, complete and current. It is your responsibility to update any such information. Any notice from you to the Company must be in writing and sent by email to firstname.lastname@example.org or as otherwise specified under “COPYRIGHT INFRINGEMENT – Notice of Infringement”, above.
OTHER LEGAL PROVISIONS
New York and U.S. Law Govern the Website. This Site is operated in the United States and is designed for and targeted to U.S. audiences. It is governed by and operated in accordance with the laws of the United States or the State of New York, as applicable, without giving effect to their principles of conflicts of law. Operation of this website is a passive activity of the Company and does not indicate that the Company intends to conduct any activities of any other jurisdiction or that it intends to comply with the legal requirements of any jurisdiction other than the United States.
Exclusive New York Jurisdiction. By using this Site and/or providing us with your Personal Information, or by submitting any comments or content to the Company in or in connection with any BuzzTable Content and/or Blog Posts, you waive any claims that may arise under the laws of other countries or territories located outside the United States or states other than New York, and you agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the Southern District, located in New York City, NY.
Equitable Relief. You further agree that the Company shall be entitled to apply for injunctive relief or other equitable remedies in this or any other legal jurisdiction without the requirement of posting a bond.
Severability. If any provision of this Terms of Service is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.
Assignment. The Company may assign any or all of its rights hereunder without your consent. You may not assign any or your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment in derogation hereof by you will void and unenforceable.
Entire Agreement. These Terms of Service, which include the Privacy Statement, constitutes the entire agreement between you and the Company regarding your access to or use of this Site, and as applicable, your registration and submission of any materials or content, and supersedes all other communications, whether digital, written or oral, between you and the Company or any of its Affiliates or Covered Party.
No Waiver. Failure or delay by the Company in exercising any legal right or provision under these Terms of Service shall not constitute a waiver of such right as of such time or in the future, which waiver may only be done in writing.
Claims. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or relating to the use of this Site must be filed within one (1) year after such claim or cause of action arose, or you understand and agree that you will be forever barred from bringing such claim against the Company, any of its Affiliates or Covered Party or any other person.
English Language. The parties confirm that it is their wish that these Terms of Service, together with any other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.