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| When accessing the MAPPETITE.COM web site you hereby accept
and agree to be bound, without any limitation or qualification whatsoever,
the terms and conditions (hereinafter referred to as the "Terms")
set forth below. If for any reason you do not accept the Terms stated herein, please do not proceed with use of the MAPPETITE.COM website. Mappetite, Inc. (hereinafter alternatively referred to as "we"/"our") may, from time to time and in its sole discretion update the Terms as set forth herein. Such modifications and/or revisions in the Terms as presented in this page of the MAPPETITE.COM web site may occur without notice to the visitor/user (hereinafter alternatively referred to as "you"/"yours"). The visitor/user is hereby bound by any and all such modifications and/or revisions and should visit this page periodically in order that you have the opportunity to review the Terms. Each time you log on to the MAPPETITE.COM website, you will be deemed to have accepted any such modifications and/or revisions. The design, structure, selection, arrangement and expression of MAPPETITE.COM that, elementally standing alone or grouped together, establish the look and feel presentation of the MAPPETITE.COM website may include but are not limited to, the text layout, graphic usage, user and visual interfaces, trademarks, service marks, trade dress, logos, sounds, artwork and computer code, graphic art, photographic or illustrated images, video and/or audio clips, button icons, and software, is hereinafter collectively referred to as "Content". The Content is owned or controlled by Mappetite, Inc and is protected by copyright, patent and trademark laws, trade dress, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the MAPPETITE.COM website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Mappetite, Inc.'s express prior consent in writing. You may use information from the Content with respect to products and services purposely made available by Mappetite, Inc. for reference, whether or not actually downloaded from the MAPPETITE.COM website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information and, (4) not make any additional representations or warranties relating to such documents. The MAPPETITE trademark and all other service marks, tag lines, category headings, logos and designs (hereinafter referred to collectively as the ("Trademarks") that appear on the MAPPETITE.COM website or emails distributed by Mappetite, Inc. to you are the registered and unregistered Trademarks of Mappetite, Inc, its affiliates or assignees in the United States and other countries. Under no circumstances may the Trademarks be used by you or any entity associated through you in connection with any product or service that is not part of or affiliated to Mappetite, Inc. Any use by you or any other party of the Trademarks presented on MAPPETITE.COM or embodied in Mappetite, Inc. emails, except as expressly permitted in writing by Mappetite, Inc., is strictly prohibited. All Content that is included on the MAPPETITE.COM website and that may appear on emails distributed by Mappetite, Inc. and how such Content is designed structured arranged and coordinated to create the unique look and feel appearance to MAPPETITE.COM is the exclusive property of Mappetite, Inc. or its licensees, licensors or suppliers and is protected by United States and International copyright laws. Unless permission is specifically granted in writing by Mappetite, Inc., the reproduction, modification, distribution, transmission, republication, display, or performance of the Content is against the law and is strictly prohibited. In the instances where the opportunity may arise that you may make a post to MAPPETITE.COM website or otherwise correspond with us in any way, that may include but is not limited to participation in chat rooms or public forums that we may make available from time to time, send us feedback, suggestions, comments, opinions, images, video, photographs, or any other materials please be advised that we do not solicit nor do we wish to receive any confidential, secret or proprietary information, creative, or other materials from you through any such communications and we hereby disclaim all responsibility and liability in connection with such submissions by you. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the MAPPETITE.COM website or otherwise sent to us by you (hereinafter collectively referred to as "Submission") will be deemed not to be confidential or secret, and may be used by us (including our affiliates) in any manner, without any restrictions, throughout the universe, in perpetuity, in any and all media now existing or hereinafter devised, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else. By submitting or sending Submissions to us, you represent, warrant and covenant that the Submissions (i) are original to you, that no other party has any rights thereto, that any moral rights in any of the Submissions have been waived, and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, perform and display any such Submissions (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) do not contain any content that is libelous, slanderous, disparaging, tort causing, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing or advocating harassment, harmful, false, misleading, fraudulent, invasive of anyone's publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) do not constitute spam; (iv) do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) do not contain any virus, worm, or other similar component that could be harmful or a burden to our computer system or to any other third party's computer system. Please note that we reserve the right to, but may or may not, review or edit any of the Submissions before such Submissions appear on the MAPPETITE.COM website, so we cannot be responsible if any Submissions submitted by other users offends you or otherwise harms you or your computer in any way. In addition, we cannot be responsible for maintaining any Submissions that you provide to us, and you agree that we may delete, remove, replace or otherwise manipulate your Submissions in any way, for any reason, at any time and in our sole discretion. Mappetite, Inc. by way of may from time to time, as part of the MAPPETITE.COM website, send out news flashes or other email information with respect to general news events, restaurant listings, and other travel, cultural and culinary happenings. In consideration of your use of MAPPETITE.COM and receipt of such information you, the visitor/user, agree to provide true, accurate, current and complete information about yourself at the time of registration and to maintain and promptly update any such data in order to maintain its truth, accuracy and completeness. If you provide any information that is untrue, inaccurate, not current or incomplete, or that MAPPETITE.COM has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, MAPPETITE.COM reserves the right to suspend or terminate contact with said visitor/user and refuse any and all current or future use of MAPPETITE.COM, or use of any portion of the MAPPETITE.COM website. You may also be subject to additional terms and conditions that apply when you use affiliate services or third party content. Review the terms and conditions of all third party websites before proceeding with use of such websites. Linked websites do not constitute an endorsement by Mappetite, Inc. of such websites or the information, content, products, services, advertising, or other materials presented on or through such websites. Online forums may be offered on MAPPETITE.COM. The information and materials included and expressed on these forums are not necessarily those of Mappetite, Inc. and we do not take on the responsibility of monitoring these forums. Mappetite, Inc. may, in its sole discretion, modify the content of these forums without notice or liability at any time. Any use of the forums will be at your own risk and will be subject to the disclaimers and limitations on liability described in the Terms. You may not probe, scan or test the vulnerability of the MAPPETITE.COM website or any network connected to the MAPPETITE.COM website nor breach the security or authentication measures on the MAPPETITE.COM website or any network connected to the MAPPETITE.COM website. You may not reverse look-up, trace or seek to trace any information on any other visitor/user to the MAPPETITE.COM website, or any other customer of Mappetite, Inc. or exploit the MAPPETITE.COM website or any service or information made available or offered by or through the MAPPETITE.COM website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the MAPPETITE.COM website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the MAPPETITE.COM website or any transaction being conducted on the MAPPETITE.COM website, or with any other person's use of the MAPPETITE.COM website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mappetite, Inc. on or through the MAPPETITE.COM website or any service offered on or through the MAPPETITE.COM website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. MAPPETITE, INC. HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR AVAILABILITY OF INFORMATION OR MATERIAL ON THE MAPPETITE.COM WEBSITE. MAPPETITE, INC. DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. . THIS SITE IS PROVIDED BY MAPPETITE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE MAPPETITE, INC. HAS MADE EFFORT TO INSURE THAT ITS LISTINGS ARE ACCURATE AND UP TO DATE IT DOES NOT WARRANT OR GUARANTEE ANY CHANGES OR DISCREPANCIES THAT MAY OCCUR IN THE MAPPETITE.COM CONTENT, BE IT AN ADVERTISED OR A MAPPETITE.COM FEATURED LISTING, PRODUCT OR SERVICE. MAPPETITE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR REFERRED TO ON THE MAPPETITE.COM WEBSITE. MAPPETITE, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MAPPETITE.COM WEBSITE AND/OR ANY MAPPETITE, INC. LISTINGS, PRODUCTS AND SERVICES. YOU, THE VISITOR/USER TO THE MAPPETITE.COM WEBSITE, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES THAT MAY BE FROM TIME TO TIME FEATURED ON THE MAPPETITE.COM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. MAPPETITE, INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE MAPPETITE.COM WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MAPPETITE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MAPPETITE, INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREED UPON BARGAIN BETWEEN THE PARTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAPPETITE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE MAPPETITE.COM WEBSITE. By using MAPPETITE.COM you agree to indemnify Mappetite, Inc., its parents, subsidiaries, affiliates, officers, directors, members, and employees (Mappetite Entities) and hold them harmless from and against any and all claims and expenses, including attorneys' and accountants' fees, arising from your use of MAPPETITE.COM. By using MAPPETITE.COM you are hereby agreeing to release Mappetite Entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to the information, products and/or services advertised or presented on the MAPPETITE.COM website. You hereby agree to waive any and all laws that may limit the efficacy of such releases. This site is created and controlled by Mappetite, Inc. in the State of New York. This being the case, the laws of the State of New York will govern the aforementioned Terms, without giving effect to any principles of conflict of laws. We reserve the right to make changes to the MAPPETITE.COM website Content and these Terms at any time. To contact Mappetite, Inc. click here . Mappetite, Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the MAPPETITE.COM website, or any portion of the MAPPETITE.COM website, for any reason; (2) to modify or change the MAPPETITE.COM website, or any portion of the MAPPETITE.COM website, and any applicable policies or Terms; and (3) to interrupt the operation of the MAPPETITE.COM website, or any portion of the MAPPETITE.COM website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. The Terms constitute the entire agreement between you, the visitor/user, and govern your use of the MAPPETITE.COM website, superseding any prior agreements between you and Mappetite, Inc. The failure of Mappetite, Inc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms shall be held to be illegal, void or unenforceable by a court of competent jurisdiction, these parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provisions and the other provisions of the Terms shall remain in full force and effect. You, the visitor/user, agree that regardless of any statute or law to the contrary, any claim or cause of action arising our of or relating to your use of the MAPPETITE.COM website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and shall not affect in any way the meaning or interpretation of the Terms. |
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