Modification of Terms
Intellectual Property Rights
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Website security (for online payments)
Online payment services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. We shall have no liability for the interception or ‘hacking’ of data through the website by unauthorized third parties.
Code of Conduct
You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country.
You agree not to use the Website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; or (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the Website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) any material that violates or infringes the rights of third parties; (iv) any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent. Without limiting the foregoing, you agree to comply with all applicable laws, rules, and regulations that apply to your use of the Website. You, and not we, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures, and policies of computer systems connected to the Website. We shall have the right, but not the obligation, to monitor or review your conduct on the Website.
Password and Security.
You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
Prohibited content and usage
The following is a list of prohibited or illegal usage of the Services. We reserve the right to investigate and take appropriate actions against anyone (in our sole discretion) violates these rules, including removing offending content.
Prohibited usage includes but is not limited to uploading, posting or otherwise making available or promote:
any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harm minors or racially, ethnically or otherwise objectionable, pornography and “adult content”;
any Content that contains nudity, violence, pornography, “adult content” or contains links to any other website with such materials
any Information that you know is false or misleading
any Content that promotes illegal or fraudulent activities
any Content that you do not have a right to make publicly available or promotes the illegal use of any work without rights or license;
any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; in particular, it is not allowed to upload Content that is not compatible with the particular Wiki Site content license
any “junk”, “spam”, “chain letters,” “pyramid schemes” etc.;
any material that contains software viruses, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other electronic equipment, steal or collect private information;
any material that collects or contains personal information of other Users for any unlawful purpose or without the User’s permission
any material that promotes financial products (such as loans, credit cards, bank accounts) and encourages Users to visit websites offering such products
any material that promotes fraudulent services and misleads Users to visit legally doubtful websites.
Other prohibited usage includes:
intentionally or unintentionally violating any applicable local, state, national or international law;
collecting, storing or publishing available personal data about others without their acceptance;
covering or obscuring any of the advertisement boxes or Toolbars via CSS style modification or any other technique;
interfering with any part of the Services, exploiting possible bugs or security holes;
mislead Users by imitating any part of the Services for collecting personal data or other unlawful purposes;
using an identity (account, username, password) of another User or disclosing your own username or password to any third party or permitting any third party to access your account;
transferring your profile (includes selling) to any third party;
promoting objectionable content through the created Sites (e.g. pharmacy products, financial products).
THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND ITS SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE NEW YORK, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. WE MAY CHANGE THE WEBSITE AT ANY TIME, INCLUDING WITHOUT LIMITATION TO THE PRODUCTS AND PRICES DESCRIBED IN THE SITE, BUT DOES NOT ASSUME ANY RESPONSIBILITY TO UPDATE IT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF OUR WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Like Food reserves the right to remove any material on the Website which allegedly infringes a third party’s copyright. It is Time Out’s policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on our Website and associated services. As per the DMCA, you can send a DMCA Like Food notice to the Time Out Copyright Agent (designated as such pursuant to the DMCA) named below which must provide at a minimum the following information:
- A physical or electronic signature and your full legal name;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Time Out to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website(s) where such material may be found;
- Your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
COPYRIGHT AGENT FOR COPYRIGHT NOTICES ONLY SHOULD BE DIRECTED BY EMAIL:
Like Food Legal Department
Non-copyright matters will not be addressed by the copyright agent.
Compliance with Law
You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission by us, and any attempt to do so will be null and void. We may assign these Terms of Service in its sole discretion.
Except for the payment of fees, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
These Terms are governed by the law of U.S. The parties submit to the non-exclusive jurisdiction of the courts and its appellate courts.