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Last Revised June 12, 2008
The following User Agreement ("Agreement") governs the use of ("Website"), including without limitation participation
in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided
by Fancy-Restaurants.com ("Service Provider," "we," or "our").
Please read the rules contained in this Agreement carefully.
Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree
with these rules, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy.
Your use of the Website constitutes agreement to its terms and conditions as well.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often.
Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or
termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
REGISTRATION AND ACCOUNT CREATION
REGISTRATION INFORMATION
Service Provider may at times require that you register and/or set up an account to use certain portions of the Service, or the Service as a whole.
In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information
(collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date.
If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.
USE OF USER ID/PASSWORD
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your
Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign
your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void
and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses
your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or
use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected
Registration Information by using the appropriate update mechanism on the Website.
FEES AND PAYMENTS
Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions
of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the
rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or
services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall
collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to
institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider
permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than
renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment
is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your
account and all its obligations under this Agreement.
RULES OF USAGE
USE OF THE WEBSITE BY YOU
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are
responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
The Website contains material that is protected by state, national and international copyright, trademark and other intellectual property laws.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from
the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright
and other proprietary notices.
The Website is not intended for users under the age of 13, and Website Provider does not knowingly collect personally identifiable information
from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from
using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing,
racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising,
or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or
that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful
purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not
limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any
third party or is posted with the permission of the owner(s) of such rights.
The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without
limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to
intellectual property) rights and are the property of Website Provider or its licensors. The copying, rearrangement, redistribution, modification,
use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or
alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or
otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by
this Agreement, Service Provider or the Website.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way,
and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or
materials on or associated with the Website.
Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's
servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the
Website or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not
responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER
Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on
forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and
responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service
providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you,
with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates
this Agreement.
USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of personal information you supply or communicate to the Website, please see our
Privacy Policy. Except as expressly provided otherwise in the
Privacy Policy, you agree that by posting messages, uploading files, inputting data,
or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such
communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose,
including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly
accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other
content you may wish to post.
COPYRIGHT COMPLAINTS
Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and
account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the
Website contains links or other references to another online location that contains material or activity that infringes your copyright rights,
you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
MERCHANDISE SOLD ON OR THROUGH THE WEBSITE
Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or
services featured, mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third
party seller, without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third
party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured,
mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this Agreement.
INDEMNIFICATION
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend
and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from
your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of
the Website.
EDITING AND DELETIONS
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the
Website or its bulletin boards, in its sole discretion, without notice.
ADDITIONAL RULES
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such
additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with
these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS
THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT
THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR
THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR
PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM
THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR".
TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason,
without notice.
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