AGREEMENT BETWEEN USER AND EAT YOUR WORLD
The visual and verbal information (“Content”) offered by EAT YOUR WORLD LLC (“We,” “Us,” “Our”) is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Being a user (“You,” “Your”) of the EAT YOUR WORLD website constitutes your agreement to all such terms, conditions, and notices. Your use of the EAT YOUR WORLD website may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). The EAT YOUR WORLD website may contain additional terms that govern particular features or offers (for example, contests and city guides). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular EAT YOUR WORLD website, then these terms shall control.
EAT YOUR WORLD reserves the right to change the terms, conditions, and notices under which the EAT YOUR WORLD website is offered, including but not limited to any charges associated with the use of the EAT YOUR WORLD website. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the EAT YOUR WORLD website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the EAT YOUR WORLD website.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use. Any other use of materials from this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the Content of this Site, without prior written permission of EAT YOUR WORLD, is strictly prohibited.
Harassment in any manner or form on the Site or any of the EAT YOUR WORLD websites, including via email and comment or by obscene or abusive language, is strictly forbidden. To create an account, you must provide accurate information about yourself and provide your legal name and own email address; impersonation of others, including an EAT YOUR WORLD employee, host, or representative or other members or visitors on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
USER SUBMISSIONS AND CONTENT.
EAT YOUR WORLD will have no obligations with respect to User Content. We make no claim of accuracy of any third party or User Content. Any use or reliance on any User Content or materials posted via the Site or obtained by you through the Site is at your own risk. User Content and third party content do not represent the advice, views, or opinions of EAT YOUR WORLD. Furthermore, you will be held responsible for all of your User Content and Communications posted and all activity that occurs under your account; you may not be able to take back what User Content you post. You do retain intellectual property rights to your User Content, but EAT YOUR WORLD and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the User Content and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
EAT YOUR WORLD, at its sole discretion, has the right to remove User Content and suspend, terminate, or deactivate your account at any time, without notice and without liability, for any reason, including but not limited to violation of these Terms, infringing on Intellectual Property, and inactivity. We reserve the right to monitor and review your account, your User Content and Communications, and your activity for compliance with these Terms. We may terminate or suspend your account or ability to use the Site if you breach these Terms, and we may remove any User Content and Communications that are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any EAT YOUR WORLD customer, employee, member, or officer may result in immediate account termination.
You may request to deactivate your account at any time. If you deactivate your account, we may continue to display your User Content.
Users submitting User Content must be 16 years of age or older.
USER COMMENTS AND COMMUNICATIONS.
EAT YOUR WORLD may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to User Content, comments, chat rooms, bulletin boards or other user forums, and the content of any such Communications. EAT YOUR WORLD, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with EAT YOUR WORLD, EAT YOUR WORLD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EAT YOUR WORLD. EAT YOUR WORLD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that EAT YOUR WORLD sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, EAT YOUR WORLD seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, photos, design, graphics, interfaces, or code and the selection and arrangements thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of EAT YOUR WORLD. The collective work includes works that are licensed to EAT YOUR WORLD. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to EAT YOUR WORLD, or other respective owners that have granted EAT YOUR WORLD the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. EAT YOUR WORLD respects the intellectual property of others, and we ask our users and visitors to do the same. EAT YOUR WORLD will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, EAT YOUR WORLD will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EAT YOUR WORLD the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit EAT YOUR WORLD to contact you;
5. 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;
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
EAT YOUR WORLD LLC
Legal Division, 35-36 76th Street, #128, Jackson Heights, NY 11372
email: [email protected]
(Please include “Notice of infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EAT YOUR WORLD THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration process. These terms and conditions, or any of them, may be modified or terminated by EAT YOUR WORLD without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
EAT YOUR WORLD makes no absolute warranties or representations about the accuracy or completeness of this Site’s Content or the User Content or the content of any site or External Sites.
EAT YOUR WORLD does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. Whenever possible, we identify alcoholic beverages as alcoholic and do not accept responsibility for ensuring that only those of legal drinking age (in the United States or elsewhere) read that Content. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EAT YOUR WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EAT YOUR WORLD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EAT YOUR WORLD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL EAT YOUR WORLD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EAT YOUR WORLD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless EAT YOUR WORLD, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Provider”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of EAT YOUR WORLD products) shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of EAT YOUR WORLD products) must be commenced within one (1) year after the claim or cause of action arises. EAT YOUR WORLD’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. EAT YOUR WORLD may assign its rights and duties under this Agreement to any party at any time without notice to you.
EAT YOUR WORLD makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New York.
By using this Site, you agree that EAT YOUR WORLD, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
EAT YOUR WORLD may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.