Terms and Conditions of Use Agreement
Effective Date: January 1, 2018
1. Intellectual Property
All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, 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 the Company, and/or the Company’s affiliated entities, licensors and/or suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Site. No other use is permitted without prior written permission of the Site. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.
You may not, without the prior, written approval of the Company: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in this Agreement should be directed to the email address listed below under the heading “Contact Us.”
2. Infringement Complaints
The Site respects the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed below under the heading “Contact Us.”
3. User-Provided Information and Content
By providing information to, communicating with, and/or placing material on the Site (collectively, “User-Provided Content”), you represent and warrant that you, in consideration of being allowed to use the Site, irrevocably and unconditionally grant, transfer and assign all right, title and interest in and to the User-Provided Content to the Company, its affiliates and related entities, including the Site. You represent and warrant that, as a result of this grant, transfer and assignment, you will retain no ownership rights in and to the User-Provided Content whatsoever. You acknowledge and agree that all rights in this paragraph are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, arising directly or indirectly out of the User-Provided Content.
Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (i) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site; and (ii) the Company will, in its sole discretion, be constantly making changes to the Site by modifying, adding or eliminating features, functions and abilities.
4. Transactions and e-commerce on our site
During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies.
5. Communications with Third Parties Through The Site
Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, our third-party partners and vendors will conduct these transactions. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company and the Site are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
6. General Disclaimer and limitation of liability
While the Company and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Company and the Site do not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Company and the Site have no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE COMPANY, THE SITE, NOR ANY OF THEIR AFFIliATED OR RELATED COMPANIES, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR liCENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESulTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPliED WARRANTIES, INCLUDING WITHOUT liMITATION WARRANTIES OF MERCHANTABIliTY AND FITNESS FOR A PARTICulAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE COMPANY, THE SITE, AND THE AFFIliATES OF THE FOREGOING ARE NOT RESPONSIBLE OR liABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFIliATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND liCENSORS, BE liABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT liMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBIliTY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFIliATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR liCENSORS BE liABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, EACH OF THEIR PARENT AND AFFIliATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPliERS, liCENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT liMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; (4) YOUR PARTICIPATION IN ANY OF THE FOOD AND CulTURAL WALKING TOURS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU.
8. Waiver and Release of Claims- Walking/Driving Tours
By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking and/or driving tours offered by the Company, and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
A. You desire to participate in the food tasting and cultural walking and/or driving tours offered by the Company (the “Tours”);
B. You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement (including, without limitation, this Section 9);
C. You fully comprehend and accept all of the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death;
D. You grant to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use your name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to you;
E. YOUR PARTICIPATION IN THE TOURS IS AT YOUR OWN SOLE RISK. YOU, ON BEHALF OF YOURSELF AND/OR ANY PERSON OR ENTITY CLAIMING THROUGH OR ON YOUR BEHALF, HEREBY FOREVER AND UNCONDITIONALLY RELEASE AND DISCHARGE THE COMPANY, THE COMPANY’S RELATED AND AFFIliATED ENTITIES, THE PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, REPRESENTATIVES AND AGENTS OF THE FOREGOING (INCLUDING, WITHOUT liMITATION, SPOON FOOD TOURS, DBA KINORI GROUP LLC, FAREHARBOR HOLDINGS INC., FV TRANSPORT) (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, liABIliTIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESulTING FROM, YOUR PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT liMITATION, ANY AND ALL CLAIMS, ACTIONS, AND liABIliTIES FOR DEATH, INJURY, LOSS OR DAMAGE TO YOU, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGliGENCE OR WILLFul CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. YOU, ON BEHALF OF YOURSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON YOUR BEHALF, FURTHER AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL liABIliTIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT liMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESulTING FROM, YOUR PARTICIPATION IN THE TOURS; and
F. This Section 8 is in addition to, and not a limitation of, the other terms and conditions of this Agreement.
9. International Users.
The Site is controlled, operated and administered from within the United States. The Company and the Site make no representation that materials, Content, or Chat Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content or Chat Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
The Company and the Site reserve the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company and the Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company and the Site may deny access to any person or user at any time for any reason. In addition, The Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts as applied to agreements entered into and to be fully performed within the Puerto Rico, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any Tours) must be filed in a federal or state court located in Cambridge, Massachusetts, within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, and all other provisions for which survival is equitable or appropriate.
11. Contact Us
To contact the Company: EatSmart Food Tours at email@example.com
YOUR PRIVACY RIGHTS OF EatSmartFoodTours.com(the “Site”)
Effective Date: January, 1, 2017
1. How we gather information from users
How we collect and store information depends on the page or portion of the Site that you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on the Site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of the Site, sign up for membership, request certain features or make a purchase.
We do not collect personally identifiable information through the Site unless that information is provided by you during registration for various features on the Site. Information required to participate in such features may vary but will typically include your first and last name; address including city, state, zip code and country; daytime and evening phone numbers; and e-mail address; and, in the case of making purchases, a credit card number and expiration date. You may also be requested to provide a username and password for certain features.
like most websites, the Site also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular feature while visiting the Site. As we adopt and/or implement additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the Site or may require you to re-enter your user name and password. Additionally we may not be able to customize the Site’s features according to your preferences.
2. What we do with the information we collect
We will use your information only as permitted by law. Information that does not personally identify you (“Aggregated Information”) may be used in various ways. For example, we may combine information about your usage patterns with similar information obtained from other users to learn which Site pages are visited most or what features of the Site are most attractive. Aggregated Information may be shared with our advertisers and business partners, but cannot be used to contact you individually.
As we continue to develop our business and grow, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
3. Security of personal information
The Site has undertaken various security measures to protect against the loss, misuse and alteration of the information under its control. We have and will continue to undertake physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information.
Only those employees and hired professionals (e.g., lawyers) needed to carry out requisite business functions will have access to information on individual Site users. Employees and hired professionals violating these privacy policies will be subject to disciplinary action.
4. Affiliated sites, linked sites and advertisements
The Site expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through the Site, may have their own privacy and data collection policies and practices. For example, during your visit to the Site you may link to, or view as part of a frame on the Site, certain content that is actually created or hosted by a third party. Also, through the Site you may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. The Site is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
- The only personal information that the Site will ever collect from children under 13 is email addresses. Children will never be asked to provide names, addresses, hobbies or any other information that would enable anyone to identify a particular child;
- Email addresses will be provided directly by the children and will be used only for future emails containing information about the Site and its products
- The Site will not disclose information collected from children to any third parties;
- Parents of children have the option to consent to the collection and use of their child’s information without consenting to the disclosure of the information to third parties;
- The Site may not, and will not, require a child to disclose more information that is reasonably necessary to participate in an activity as a condition of participation
- Children are encouraged to tell their parents about any information that they have provided to this Site or any other site; and
- Parents of children can review their child’s personal information, ask to have it deleted and refuse to allow any further collection or use of the child’s information. Should a parent elect this option, that parent can contact the Site at the address listed in Section 6 below.
6. Contacting us:
To contact the Company: EatSmart Food Tours at firstname.lastname@example.org
7. Changes to this policy