|
BY USE OF THIS WEB-SITE, YOU
ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, THEN DO NOT USE THIS WEB-SITE.
A. GRANT OF LICENSE AND RESERVATIONS
1. License. DiningInMass.com grants you a non-transferable, non-exclusive license to use
the information, map images and other content contained on this web-site (the
"Work-Product"), solely for your personal use. You may not copy, reverse
engineer, translate, port, modify or make derivative works of the Work-Product. You may
not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the
Work-Product or use it in any manner not expressly authorized by this Agreement.
You shall not derive or attempt to derive the source code, source files or structure of
all or any portion of the Work-Product by reverse engineering, disassembly, decompilation
or any other means. DiningInMass and/or DiningInMass's licensors and clients retains all
ownership rights in the Work-Product. The Work-Product is copyrighted and may not be
copied, even if modified or merged with other Work-Product. You shall not alter or remove
any copyright notice or proprietary legend contained in or on the Work-Product.
You agree not to remove any proprietary rights notices of DiningInMass and/or its
licensors, clients and partners from the Work-Product.
2. Reservation of Rights. DiningInMass reserves any rights not expressly granted herein.
B. WORK PRODUCT OWNERSHIP
1. DiningInMass Work-Product. The Work-Product is copyrighted and is protected by U.S. and
international copyright laws. The Work-Product may not be copied, reproduced, modified,
published, uploaded, posted, transmitted, or distributed in any way, without
DiningInMass's prior written permission.
Except as expressly provided herein, DiningInMass does not grant any express or implied
right to you under any copyrights, trademarks, patents or trade secret information. Other
rights may be granted to you by DiningInMass in writing or incorporated elsewhere in the
Work-Product.
2. Third Party Work-Product. The Work-Product published by DiningInMass on this web-site
may contain other proprietary notices or describe products, services, processes or
technologies owned by DiningInMass or third parties.
Nothing contained herein shall be construed as granting to the user a license under any
copyright, trademark, patent or other intellectual property right of DiningInMass or any
third party, except for the right of use license expressly set forth above in these terms
and conditions.
3. Advertisements. Neither DiningInMass nor its partners is not responsible for the
content of any advertising published on the web-site.
C. DISCLAIMER OF WARRANTIES
DININGINMASS AND/OR ITS LICENSORS CLIENTS, AND PARTNERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE WORK-PRODUCT PUBLISHED ON THIS WEB-SITE FOR ANY PURPOSE. THE
WORK-PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE
ENTIRE RISK OF LOSS IN USING THE WORK-PRODUCT AND THE INTERNET GENERALLY. THE WORK-PRODUCT
IS COMPLEX AND MAY CONTAIN NONCOMFORMITIES, DEFECTS OR ERRORS. DININGINMASS AND/OR ITS
LICENSORS, CLIENTS AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE WORK-PRODUCT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
DININGINMASS AND/OR ITS LICENSORS, CLIENTS, AND PARTNERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH!
ANY USE OF THE WORK-PRODUCT.
D. LIMITATION ON LIABILITY.
IN NO EVENT SHALL DINING IN MASS AND/OR ITS LICENSORS, CLIENTS AND PARTNERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF
CONTRACT , NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE WORK-PRODUCT, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER
INFORMATION AVAILABLE FROM THIS WEB-SITE. IF DINING IN MASS'S DISCLAIMER OF WARRANTIES OR
LIMITATION OF LIABILITY SET FORTH WITH IN THIS AGREEMENT IS HELD UNENFORCEABLE OR
INAPPLICABLE, YOU AGREE THAT DININGINMASS'S LIABILITY SHALL NOT EXCEED $100.00.
E. Links to Third Party Sites. The links in this area will may let you leave
DiningInMass's site. The linked sites are not under the control of DiningInMass and
DiningInMass is not responsible for the contents of any linked site or any link contained
in a linked site. DiningInMass is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by DiningInMass of the site.
F. Trademarks. Dining in Mass and other DiningInMass products and services referenced
herein are either trademarks or registered trademarks of DiningInMass.
Other product and company names mentioned herein may be the trademarks of their respective
owners.
G. Local Law. This web-site is operated from a location in the Commonwealth of
Massachusetts. Dining in Mass and its partners make no representation that the
Work-Product is appropriate for use in other locations. If you access this web-site from
other locations, you are responsible for compliance with local laws.
H. General. DiningInMass reserves the right to discontinue or modify any of the
information contained on this web site at any time. DiningInMass shall have the right to
modify these terms and conditions at any time. The user may not assign any part of this
Agreement without DiningInMass's prior written consent. This Agreement shall be governed
by the laws of Massachusetts, exclusive of conflicts of laws principles.
The user agrees to comply with all applicable laws in using this service or the
information contained herein.
No waiver of any obligation or right of either party shall be effective unless in writing,
executed by the party against whom it is being enforced. Any such waiver shall not
preclude a party from exercising any other right or later exercising the same right. Any
notice under this Agreement shall be delivered by U.S. certified mail, return receipt
requested, or by overnight courier to Dining in Mass at the address below.
These terms and conditions apply on behalf of DiningInMass.com and all of its partners,
affiliates, employees, clients and licensors.
|