TERMS OF SERVICE for ChicagoBestRestaurants.info
Effective Date: July 1, 2009
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Thank you for visiting ChicagoBestRestaurants.info, a production of fruitionMedia.net (“us,” our” or “we”).
These Terms of Use were developed to govern your use of the ChicagoBestRestaurants.info site. By using this site, you acknowledge and agree to the Terms of Use. Please review the agreement meticulously. The outlined, Terms of Use pertains to your utilization of ChicagoBestRestaurants.info (“Site,” ”Properties,” or “Chicago Best Restaurants”) is a binding contract. If for any reason, you disagree with any of these terms, please exit this site and delete any cookies.
By using our Site, ChicagoBestRestaurants.info, you consent to the following Terms of Service and Privacy Policies. Periodically, due to feature modifications and legislation amendments, our Terms of Service may change. If you are not in agreement with the Terms of Service, please leave the Site.
If you are not in agreement with the Terms of Service, please leave the Chicago Best Restaurants.info site.
Authority to Accept the Terms of Service.
Use of Chicago Best Restaurants means that you are of the legal age, have full capacity and authority to accept a binding contract to accept these Terms of Services. If you are accepting on behalf of another person, entity or employer, you represent that you are legally authorized to bind such aforementioned parties to these Terms of Service. If you are not legally authorized to bind, please ensure that an authorized individual from your organization is in acceptance of these Terms of Service.
Current, exacting identification as well as other information is a requirement of the registration process at Chicago Best Restaurants.info.
Your registration with Chicago Best Restaurants.info is an exclusive account, facilitating your usage of the site, your responsibility to maintain confidentiality of your account password and all activities executed under your account. You will notify Chicago Best Restaurants of any unauthorized use of your password or any security breaches. Chicago Best Restaurants reserves the right to refuse use and/or service of this site without any notification or for any reason.
Compiled Data and Information
When visitors add comments to Chicago Best Restaurants, we require specific information, such as name, email address, photographs and other identifiable information. In certain cases, registrations may necessitate the collection other information (i. e., phone number, mailing address, and year of birth).
2. Appropriate Conduct
You understand that all information, data, software, photographs, images, graphics, text, music, sound, video, messages or other materials (“Content,” “Properties,” “Site”), whether privately or publicly published or posted, are the sole responsibility of the person, who originally generated the Content.
You acknowledge that you are responsible for your conduct, how you use Content and any consequences thereof on ChicagoBestRestaurants.info. You agree to use ChicagoBestRestaurants.info for legal purposes, appropriate conduct and in accordance with the applicable policies or guidelines of these Terms of Service. Without limitation, you agree to not to engage in the following activities when using ChicagoBestRestaurants. info:
- Publish, post or upload any Content, infringing upon any copyright, trademark, patent, intellectual properties, trade secrets or other proprietary right of any party, unless you are the owner of such right or have proper authorization from the owner to publish such Content.
- The removal of any copyright, trademark or other proprietary rights or notices included in or on ChicagoBestRestaurants.info services.
- Post, upload, or transmit email, any obscene, inappropriate, infringing copyrights, defamatory or any other unlawful Content.
- Verbal abuse, defamation, harassment, verbal threats or violate such other legal rights (i.e., others privacy and publicity rights).
- Prevent, inhibit or restrict any other user from accessing or enjoying ChicagoBestRestaurants.info services.
- The impersonation of another person or entity, the deletion or falsification of any attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material.
- Post, email or transmit communications, promoting pyramid schemes, unauthorized advertisements, disruptive commercial messages, chain letters or anything else prohibited by law, or described on these Terms of Service or any applicable policies or guidelines.
- Download or duplicate any file posted by another party that is considered illegal for distribution.
- Interrupt or disrupt ChicagoBestRestaurants.info servers or networks connected to the site, or disobey any policies, procedures, requirements, or regulations of networks connected to our Site.
- The deployment of any spider, site search/retrieval application, robot, other device to collect or index any portion of ChicagoBestRestaurantsGoogle services or to gather personal information about users for any unauthorized purpose.
- Register user accounts by automated means or under fictitious or fraudulent purposes or pretenses.
- Promote or disseminate instructional information for the intent to conduct illegal activities or promote physical harm or bodily injury against any group or individual.
- Release and distribute any viruses, worms, malicious software, Trojan horses, or any items of a destructive nature.
Although ChicagoBestRestaurants.info prohibits such conduct, you understand and agree that ChicagoBestRestaurants.info may or may not pre-screen Content and shall have the right (but not the obligation) at its sole discretion to pre-screen, refuse or move any Content posted and or submitted to ChicagoBestRestaurants.info.
International users consent to the compliance of their own local rules pertaining to acceptable content and appropriate online conduct, including laws which regulate data exportation to your country of residence or the United States.
3. Chicago Best Restaurants.info Privacy Policy
To review the terms of our Privacy Policy, please visit http://chicagobestrestaurants.info/privacy/.
By using ChicagoBestRestaurants.info, you acknowledge and agree that Chicago Best Restaurants.info may access, protect, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, protection, or disclosure is critical to: (a) satisfy applicable laws, legal process, regulations, or governmental requests, (b) impose these Terms of Service, including investigation of potential violations hereof, (c) prevention, detection, and/or addressing security fraud, http://chicagobestrestaurants.info/privacy/ technical issues (including, without limitation, the filtering of spam), (d) following up on member/visitor support requests (e) protect the rights, property or safety of ChicagoBestRestaurants, its members, and visitors.
ChicagoBestRestaurants does not assume liability or the responsibility to exercise or not-exercise its rights under the Terms of Service. You acknowledge that your Content may call for ChicagoBestRestaurants.info processing the technical transmissions (a) across a broad range of networks, both national or international based; and (b) modifications to transition various technical prerequisites for network and device connections.
4. Copyright.
All content, reviews, information, photograph, directories artwork, video clips, html coding, logos, layout and trademarks, including the arrangement and selection are owned by fruitionMedia.net, strategic partners, clients and affiliated entities.
You may use the Content solely for your personal, non-commercial use. You are authorized to print or download a single copy of any portion of the Content solely for your personal purposes only, provided you do not remove any copyrights, trademarks, or other notices from such Content. Webmasters and Web site publishers are allowed to link to ChicagoBestRestaurants.info as long as you agree to eradicate any links upon the discretion of ChicagoBestRestaurants.info.
Other usage is unauthorized without prior written permission to ChicagoBestRestaurants.info. Permissible usage, as described in the above paragraph is contingent upon your compliance of these Terms of Services, at all times.
Written authorization is required prior to utilizing any Chicago Best Restaurants.info.
Authorized use is defined in this paragraph, hinging on continuous compliance of these Terms of Use.
You are not allowed to use ChicagoBestRestaurants.info for the following purposes:
Redistribution or republication of any content on this Web site, including duplication, modification, reproduction, exhibition, selling, or any other use of the Content.
Reverse engineering, code insertions, content manipulation, decompiling, or rigging any software, or any other information processed through ChicagoBestRestaurants.info. You agree not to hinder other end user’s experience via data compilation, data mining, extraction techniques or any other malicious formats and deployments.
With the exceptions of the permissible uses of Content outlined in these Terms of Use, please direct all requests to CommunicationMatters@fruitionmedia.net.
Copyright Grievances. ChicagoBestRestaurants.info respects other intellectual property copyrights. If your think that your work has been plagiarized, constituting copyright infringement, please contact CommunicationMatters@fruitionmedia.net
All photos, reviews, information, content, and services published on, transmitted through, or used in connection with ChicagoBestRestaurants.info, with the exception of User Content as defined below, including for example reviews, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by, ChicagoBestRestaurants (“Chicago Best Restaurants ” or ChicagoBestRestaurants.info”), and/or its parent company (fruitionMedia.net), licensors and suppliers. Content is available for non-commercial or personal purposes only.
Republishing any portion of the Content on any website, Internet, CMS, Intranet or the incorporation of the Content in any database, compilation, archive or cache is unauthorized. You may not disseminate any part of the Content to others, whether or not for payment or other consideration. In addition, you shall not revise, copy, archive, modify, frame, cache, sell, publish, reproduce, exhibit, transmit, or otherwise use any portion of the Content. You may not copy or rephrase Content without permission. You agree not to reverse engineer, disassemble, decrypt or decompile, any software or other products or processes accessible through ChicagoBestRestaurants.info, You may not insert or inject any code or product or manipulate the content of ChicagoBestRestaurants.info.
5. Proprietary Rights
Your Rights. You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit.
By the submission of Content on or through the ChicagoBestRestaurants, you grant ChicagoBestRestaurants.info, under those intellectual property rights, a worldwide non-exclusive, royalty-free, sub-licensable license to copy, distribute, modify, republish, display and otherwise use the Content in ChicagoBestRestaurants.info’s services. This license is strictly for the sole purpose of the creation and promotion of fruitionMedia.net’s services.
fruitionMedia.net reserves the right to remove, revise, or relocate any communications posted on ChicagoBestRestaurants.info for any reason, time, at our own discretion. Chicago Best Restaurants does not assume any responsibility to accommodate editorial or removal requests from users or visitors, who post content on the Site.
Your content may become integrated into ChicagoBestRestaurants, search results on search engines. The aforementioned license continues beyond the termination of these Terms of Service.
Policies pertaining to Copyrights, Trademarks, and Brand Identifiers. In compliance with the United States Digital Millennium Copyright Act and other applicable laws, we acknowledge and respond to notices of alleged infringement.
Through the submission of Content to ChicagoBestRestaurants, you authorize the Site to utilize your proprietary logos, domain names, trade names, service marks, trademarks, and any other source, brand or business identifiers in connection with ChicagoBestRestaurants.info’s authorized distribution of the Content.
6. Storage and Transmission Guidelines
Chicago Best Restaurants does not assume any responsibility or liability for the removal or failure to store any Content, comments, data, and other communications maintained or transmitted on this site. You consent that our Properties do not assure any fixed limit on the volume of transmissions or available storage, allotted and submitted through ChicagoBest Restaurants. We retain the right, at our sole discretion, to set limitations without notice, at any time.
7. Non-resalable, Non-transferable.
You subscribe not to copy, duplicate, reproduce, sell, or resell any access, use or portion of ChicagoBestRestaurants.info.
8. Termination
At any time you may cancel your use of Chicago Best Restaurants services and/or terminate this Terms of Service with or without due cause at any time.
For security breaches, account inactivity or any other reason, Chicago Best Restaurants may suspend or terminate your account. In the event of account dissolution, your account will be disabled, concluding and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Account Information for Agreement Dissolution. If for some reason, this Agreement is discontinued, you agree to remove your member account information, including but not limited to the username and password code. Also, you consent that submitted Content can be on display, archived, on revised or deleted from the Site only as administered by the Chicago Best Restaurants.
9. Display Advertising and Other Online Advertisements
Certain Chicago Best Restaurants services are endorsed by advertisers, who are authorized to promote services and display ads. The criteria, mode, manner, and extent of marketing/advertising by fruitionMedia.net on its services, Chicago Best Restaurants are subject to change. You acknowledge and consent that Chicago Best Restaurants shall not be responsible or liable for losses or damages of any sort incurred by you or an outcome of such dealings, or as the result of the presence of such advertisers on Chicago Best Restaurants services.
10. Links
Chicago Best Restaurants services may provide third parties links to external Web sites and/or resources. As our Properties do not control such sites and resources, you understand and agree that Chicago Best Restaurants is not responsible for the availability of such external sites, Content, advertising, products, or any other materials from such sites. In connection with the reliability or use of external links, Content good or services, you also acknowledge and consent that Chicago Best Restaurants shall not be held responsible and/or liable, directly or indirectly for any damages or losses alleged or caused on or through any such site, link or resource.
11. Indemnity
You agree to hold harmless and indemnify Chicago Best Restaurants, and its affiliates, advertisers, partners, agents, and employees, or subsidiaries, from and against any third party claim arising from or in any way related to your use of Chicago Best Restaurants services, violation of these Terms of Service or any other actions connected with use of Chicago Best Restaurants services, including any liability or expenses, incurring from all damages, losses claims, (actual and consequential), lawsuits, litigation, judgments, costs and legal fees, of every kind and nature. In such a case, Chicago Best Restaurants will disseminate written notice of such action suit, or claim.
You understand, consent and agree that ChicagoBestRestaurants.info may not be liable to you for any direct, indirect, consequential, special, incidental, or exemplary damages, including but not limited to, damages for loss of revenue, profits, goodwill, use, data, tangible or other intangible losses (even if ChicagoBestRestaurants.info has been advised of the possibility of such damages) resulting from: (i) the utilization or the inability to access or use ChicagoBestRestaurants.info services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) the outlay of procurement of substitute products, and services resulting from any goods, content, data, information or services purchased or obtained or messages transmitted or transactions documents entered into via ChicagoBestRestaurants.info services; (iv) statements or conduct of any third party on ChicagoBestRestaurants.info services; or (v) any other circumstances relating or pertaining to ChicagoBestRestaurants.info services.
12. Disclaimer of Warranties
You plainly understand, acknowledge, agree:
You consent that use of Chicago Best Restaurants is your sole discretion and risk. Chicago Best Restaurants.info provide information an “As Is’ and “As Available” basis. Chicago Best Restaurants.info, expressly disclaims all warranties of any nature; regardless of express or implied, including but not limited to the implied merchantable guarantees, suitability for a particular purpose and non-infringement.
Chicago Best Restaurants.info makes no warranty that (i) the Property services will fulfill your requirements, (ii) the quality of any restaurant products, reviews, services, information, or other material purchased or obtained by you through Chicago Best Restaurants will meet your expectations, (iii) the results that may be gathered with the utilization of Chicago Best Restaurants will be completely updated, precise accurate or reliable, (iv) our said Properties services will be uninterrupted, exacting, error-free, or secure, and (v) any software or programming errors will be amended.
Any Content (photos, reviews, materials, images) accessed, downloaded or obtained via the use of this site, Chicago Best Restaurants.info is executed at your own discretion, risk and responsibility for any data loss, damages to your computer system or any outcome that results from the downloading any such material. All reviews, information, recommendations or advice, whether written or oral, obtained by you from this site Chicago Best Restaurants shall not create any warranty not expressly stated in the Terms of Service.
13. Modifications to Service
Occasionally and or without notification, ChicagoBestRestaurants.info reserves the right to amend, update or discontinue, (temporarily or permanently) services.
14. Limitation of liability
You consent that Chicago Best Restaurants.info is not liable to you or to any third party for any amendments, suspension, upgrades, or discontinuance of the Site’s services.
15. Notifications
You agree that Chicago Best Restaurants may submit to you notifications, including modifications to the Terms of Service, by email, regular mail, or postings on Chicago Best Restaurants services.
16. No Third party beneficiaries
You consent that no third party beneficiaries shall be a included in the Terms of Service, with the exception of the previously expressed provisions detailed in these Terms of Service.
17. Digital Millennium Copyright Act
In compliance with the Digital Millennium Copyright Act, Chicago Best Restaurants responds to notifications of alleged infringement.
18. GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and Google and govern your use of Google Base, superceding any prior agreements between you and Google with respect to Google Base. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Google services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the association between you and ChicagoBestRestaurants.info shall be governed by the laws of the State of Illinois excluding conflict of law provisions. You and ChicagoBestRestaurants.info accede to submit to the personal and exclusive jurisdiction of the courts sited within the county of Cook, Illinois.
Waiver and Severability of Terms. The failure of ChicagoBestRestaurants.info to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Chicago Best Restaurants services or the Terms of Service must be filed within (60) sixty days after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.