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Acceptance of Terms THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE HUNGRY? CITY GUIDES governing your use of this site www.hungrycityguides.com (the "Site"). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. The Hungry? City Guides reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on October 6, 2008.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. II. Intellectual Property Issues
The Site is owned by The Hungry? City Guides. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by The Hungry? City Guides. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.
Pursuant to the copyright and trademark laws of the United States, you agree:
1. That you may only download Content that The Hungry? City Guides designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from The Hungry? City Guides.
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site, and to link to the Site only after sending notification that you plan to do so, pending approval.
5. That by posting or submitting any text or other materials to the Site you grant The Hungry? City Guides a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
III. Shopping
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to The Hungry? City Guides in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
THE HUNGRY? CITY GUIDES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that The Hungry? City Guides's sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL THE HUNGRY? CITY GUIDES, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions. IV. Liability
The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that due to the immediate nature of this medium, The Hungry? City Guides does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. The Hungry? City Guides will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Site may provide, or third parties may provide, links to other sites or resources. Because The Hungry? City Guides has no control over such sites and resources, you acknowledge and agree that The Hungry? City Guides is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Hungry? City Guides shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource. V. User Conduct
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by The Hungry? City Guides to do so.
Conduct by any user that, at the discretion of The Hungry? City Guides, restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Hungry? City Guides reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE HUNGRY? CITY GUIDES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site. VI. Indemnification
You agree to indemnify, defend, and hold harmless The Hungry? City Guides; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. The Hungry? City Guides reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with The Hungry? City Guides in asserting any available defenses. VII. Miscellaneous
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Washington, D.C., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If The Hungry? City Guides is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse The Hungry? City Guides for its respective legal fees, costs, and disbursements if The Hungry? City Guides is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between The Hungry? City Guides and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of The Hungry? City Guides may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect. VIII. Shopping Cart You agree to abide by any relevant terms and conditions of purchase
supplied by any party with whom you deal on or through the Site,
including, but not limited to, payment of all amounts when due and
compliance with all rules and restrictions regarding availability of
products or services. You agree that all the information you provide to
The Hungry? City Guides in connection with any purchase made on or
through the Site will be true and accurate to the best of your knowledge.
THE HUNGRY? CITY GUIDES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR
THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. You agree that The Hungry? City
Guides's sole and exclusive maximum liability arising from any product
or service sold on the Site shall be the price of the product ordered.
IN NO EVENT SHALL THE HUNGRY? CITY GUIDES, ITS AFFILIATED ENTITIES OR
PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER
REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE
SOLD ON OR THROUGH THIS SITE. X. Video Producer and Client each hereby represents and warrants that it has the right to enter into this Agreement and perform all of its obligations pursuant to this Agreement. Producer represents and warrants that the Segment and any materials that it contributes to the Segment, and Client represents and warrants that any portions of the Book which are incorporated into the Segment, will not violate the rights of any third party, including copyright, trademark, and patent rights, and will contain no material that is libelous, in violation of any right of privacy or publicity or is harmful so as to subject the other party or the Author to liability to any third party, and are not otherwise contrary to law. Producer further represents and warrants that the development and distribution (whether by streaming or otherwise) of the Segment will comply with all federal, state and local laws and regulations, whether arising under statutory or common law.
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