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Conditions of Use

FoodEU.com Limited, Website Terms of Use and Notices

Last Updated January 2007

1. THIS IS AN AGREEMENT BETWEEN YOU AND FOODEU.COM

This Agreement governs your use of any Web site or Web page operated by FoodEU.com. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
FOODEU.COM OFFERS THE FOODEU.COM WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE FOODEU.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
 

2. HOW FOODEU.COM MAY MODIFY THIS AGREEMENT

FoodEU.com reserves the right to change the terms, conditions, and notices under which it offers the FoodEU.com Web Site, including any charges associated with the use of the FoodEU.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any FoodEU.com Web Site. Your continued use of the FoodEU.com Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. DEFINITIONS

This site (the "Site"), you (the "End User"), "FoodEU.com" is the interactive online service operated by FoodEU.com Limited on the World Wide Web of the Internet (the "Web"), consisting of information services, content, and transaction capabilities provided by FoodEU.com, affiliates of FoodEU.com and other third parties.

4. TERMS

This agreement ("Agreement") sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of FoodEU.com, and FoodEU.com shall not be responsible for any data lost while transmitting information on the Internet. FoodEU.com shall have the right at any time to change or discontinue any aspect or feature of FoodEU.com, including, but not limited to, content, hours of availability and equipment needed for access or use.

4. HARDWARE.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. FoodEU.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

5. CONTENT AND CONDUCT

This Site and any individual restaurant microsites now or hereinafter contained within or otherwise available through external hyperlinks with our Web site (the "Microsites") is private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without FoodEU.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in FoodEU.com's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with FoodEU.com.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of FoodEU.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. COPYRIGHT

Everything located on or in this Site, including the Microsites, is the exclusive property of FoodEU.com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING FROM THE SITE OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FOODEU.COM  IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of FoodEU.com is protected by copyright as a collective. FoodEU.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of FoodEU.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with FoodEU.com shall not be deemed to be in the public domain but rather the exclusive property of FoodEU.com, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of FoodEU.com, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. FoodEU.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted FoodEU.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, 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. End User also permits any other end user to access, view, store, or reproduce the material for that end user's personal use. End User hereby grants FoodEU.com the right to edit, copy, publish, and distribute any material made available on this Site by End User.

The foregoing provisions of Section 6 apply equally to and are for the benefit of FoodEU.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. FOODEU.COM MAKES NO WARRANTY

End user expressly agrees that use of this site and the microsites is at end user's sole risk. Neither FoodEU.com, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that FoodEU.com will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, service, or merchandise provided through this site or the microsites.

This site and the microsites are made accessible 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 implied by and 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. End user specifically acknowledges that FoodEU.com is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with end user.

In no event shall FoodEU.com, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the microsites and any software, 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 this site. End user hereby acknowledges that the provisions of this section shall apply to all content on this site and the microsites.

In addition to the terms set forth above, neither FoodEU.com, 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 this site or any of the microsites, or for any delay or interruption in the transmission thereof to the end 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 without limitation lost profits, punitive or consequential damages.

FoodEU.com is not responsible for any content that a user, subscriber, or an unauthorized user may post on its this site or any of the microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by FoodEU.com. Moreover, FoodEU.com reserves the right to edit, change, alter, delete, prohibit any and all content that it, FoodEU.com, deems unsuitable.

8. MATERIALS YOU POST OR PROVIDE

FoodEU.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by FoodEU.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FoodEU.com shall have the right to remove any material that FoodEU.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. PRIVACY

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. FoodEU.com does not control or endorse the content, messages or information found in any community, and, therefore, FoodEU.com specifically disclaims any liability concerning the communities and any actions resulting from End Users participation in any community, including any objectionable content. Generally, any communication which End User posts to FoodEU.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by FoodEU.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants FoodEU.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see FoodEU.com's Privacy Policy.

10. NON-EXCLUSIVE LICENSE

By posting communications on or through this Site, End User shall be deemed to have granted to FoodEU.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

11. INDEMNIFICATION

End User agrees to defend, indemnify and hold harmless FoodEU.com, its licensees, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.

12. TERMINATION

Either FoodEU.com or End User may terminate this Agreement at any time. Without limiting the foregoing, FoodEU.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which FoodEU.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.

13. TRADEMARKS

FoodEU.com is a trademark of FoodEU.com Limited. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on FoodEU.com are the property of their respective owners.

14. CONTROL OF CONTENT.

FoodEU.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, FoodEU.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of FoodEU.com. Neither FoodEU.com, its licensees, 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. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with FoodEU.com. FoodEU.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on FoodEU.com by anyone other than authorized FoodEU.com employee spokespersons while acting in official capacities. Under no circumstances will FoodEU.com be liable for any loss or damage caused by an end user's reliance on information obtained through FoodEU.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through FoodEU.com.

FoodEU.com contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by FoodEU.com of the contents on such third-party sites and FoodEU.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk.

15 REFUND POLICY

Refunds wherever applicable will be given at the discretion of the Company Management.

16. SCOPE OF AGREEMENT

This Agreement and any operating rules for FoodEU.com established by FoodEU.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect.

17. DISPUTE RESOLUTION

FoodEU.com's headquarters are in the British Virgin Islands. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the British Virgin Islands. By using this Site, End User agrees that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to End Users use of the Site or the Microsites (unless otherwise specifically stated) is the appropriate court in the British Virgin Islands for the action. End User hereby accepts and submits to the jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the fullest extent permitted by law, any objection which End User may now or hereinafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.