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RESTAURANT
UK - WEB SITE
AGREEMENT
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The Restaurant UK Web Site (the
"Site") is an online information service provided by Restaurant UK ("Restaurant UK"), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Restaurant UK
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site
are protected by international copyright and trademark laws. The owner of the
copyrights and trademarks are Restaurant UK, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to Restaurant UK
a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to Restaurant UK
by all means and in any media now known or hereafter developed.
You also grant to Restaurant UK the right to use your name in connection with
the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against Restaurant UK for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to Restaurant UK.
TRADEMARKS
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of Restaurant UK. Other product and company names
mentioned in the Site may be the trademarks of their respective owners
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as being supplied by Restaurant UK,
Restaurant UK does not operate, control or endorse any
information, products or services on the Internet in any way. You also
understand that Restaurant UK cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to the
Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Restaurant UK
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Restaurant UK
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Restaurant UK DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. Restaurant UK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL Restaurant UK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR
ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Restaurant UK OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Restaurant UK LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Restaurant UK
makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-Restaurant UK web site, please understand that it is independent from
Restaurant UK, and that Restaurant UK has no control over the content on that
web site. In addition, a link to a Restaurant UK web site does not mean that Restaurant UK
endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless Restaurant UK, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable
solicitors' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Site), and 3 (Indemnification) are for the benefit of Restaurant UK
and its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5. Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.
Miscellaneous.
This Agreement shall all be
governed and construed in accordance with UK laws applicable to agreements
made and to be performed in the UK. You agree that any legal action or
proceeding between Restaurant UK and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively
to a court of competent jurisdiction sitting in the UK . Any cause of action
or claim you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause of
action is barred. Restaurant UK's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. Restaurant UK may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
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