Terms of Service

WordHampton Public Relations Inc.

512 Three Mile Harbor Rd.
East Hampton, NY 11937

631-329-0050

Welcome to the web site of Longislandrestaurantweek.com! In consideration of the mutual covenants contained in this Terms of Service (TOS) and by visiting and using the Longislandrestaurantweek.com web site You acknowledge You have read, understood and agree to be legally bound by this (TOS) between WordHampton Public Relations, Inc. (the Site or We) and You. Those who do not understand and agree to the TOS should leave the Site immediately.

The Site is for use solely by responsible persons over the age of 13. By using the Site, You represent and warrant that You are 13 years of age or older. Your account may be terminated without warning if We believe that You are less than 13 years of age. If You have not yet attained the age of 13 please leave the Site immediately.

By using the Site You are making the following representations and warranties:

1. I understand and agree that I am solely responsible for any and all content I post at the Site or that I send to another visitor to the Site.
   

2. I understand and agree that if I use these services in violation of this TOS I may be in violation of local and/or federal laws and I am solely responsible for My actions.

3. I understand and agree that while the Site has no obligation to monitor posted content, The Site may review and remove content they deem, in their sole discretion, to be objectionable.

4. I understand and agree to be bound by the TOS every time I log into the Site, and I understand and agree that The Site may change this TOS from time to time and that the new TOS will be effective at the moment it is posted. I understand and agree to review the TOS regularly to ensure I am up to date as to its contents.

5. I have read the The Site's Privacy Policy www.longislandrestaurantweek.com and understand and agree to abide by its contents.

6. I understand and agree that I am solely responsible for maintaining the confidentiality of the password associated with My use of The Site and that I am fully responsible for all activities that occur under My password.

7. The Site may use my account information to contact me about matters relating to my account and other site business. I understand and agree that I may opt in to receive other messages and promotional materials from the Site.

8. I understand and agree that I will not use the Site to:
1. Post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortious, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that discriminates on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or associational preference.
   
2. Impersonate another person or post a photograph of another person as My image;
   
3. Stalk or otherwise harass another;
   
4. Harm a minor in any way;
5. Post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes;
   
6. Promote an illegal or unauthorized copy of another person's copyrighted work;
   
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Use software that automatically creates user identities;
9. Intentionally or unintentionally violate any applicable local, state, national or international law;
10. Post a review on a business I own, control or I am employed by;
11. Post inaccurate or misleading information or pictures; or
12. Misrepresent a product or service.

9. I understand and agree that I am solely responsible for My interactions with other visitors and that The Site reserves the right, but has no obligation, to monitor disputes between Me and other visitors.

10. I EXPRESSLY UNDERSTAND AND AGREE THAT:
1. MY USE OF THE SITE IS AT MY SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITEAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SITE WILL MEET MY REQUIREMENTS; (II) THE SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE SITE WILL MEET MY EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT MY OWN DISCRETION AND RISK, AND I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. I UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SITE BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM MY USE OF THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE LIABILITY TO ME FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ME TO THE SITE.

12. I understand and agree that if there is any dispute between Me and The Site I will attempt to resolve the dispute by contacting info@longislandrestaurantweek.com prior to taking any other action. Failure to contact the Site to attempt a dispute resolution prior to taking any other action will result in a breach of the TOS by You. This TOS and Your use of the Site are governed by the laws of the State of New York, and the courts of general jurisdiction located within Suffolk County, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning the TOS and the Site. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to the TOS.In addition to the foregoing, in the event of any breach or violation of the TOS, the Site shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under the TOS.

13. I understand and agree to indemnify and hold The Site, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of My use of the Site in violation of the TOS or arising from a breach of the TOS or any breach of My representations and warranties set forth in the TOS or if any of the Content that I post on the Site causes The Site to be liable to another.

14. I understand and agree that the Site may permit the submission of content by users of the Site (User Content) and the hosting, sharing, and/or publishing of such User Content. I understand and agree that whether or not such User Content is published, The Site does not guarantee any confidentiality with respect to any submissions. I shall be solely responsible for User Content I submit and the consequences of The Site posting or publishing such User Content.

15. I understand and agree that the Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the Content). The Content may be owned by The Site or may be provided through an arrangement The Site has with others, including other users of the Site, their Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You understand and agree that You have no rights in or to the Content, and You may not use the Content except as permitted under the Terms of Service. No other use is permitted without prior written consent from The Site or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. You understand and agree that if You violate any part of these Terms of Use, the permission of The Site to access and/or use the Content and Site automatically terminates and You must immediately destroy any copies You have made of the Content.

16. I understand and agree that various company, product, and service names displayed on the Site may be trademarks or service marks owned by The Site or owned by others (Trademark). I understand and agree that nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. I understand and agree that the Trademarks may not be used to disparage any applicable party, any of their products or services, or in any manner in which, in the sole judgment of the Site, may damage any goodwill in the Trademarks.

17. I understand and agree that the Site may contain content on the Site integrated from Third Parties (i.e. the TV Guide), as well as links to third-party websites (External Sites), and that these links are provided solely as a convenience to me and not as an endorsement by The Site of the content on such External Sites. I understand that the content of such External Sites is developed and provided by others. If I have any concerns regarding such links or any content located on such External Sites I will contact the site administrator or webmaster for those External Sites.

18. I understand and agree that the Site contains User Content posted, stored, or displayed for which The Site cannot accept any responsibility or liability.
    

19. I understand and agree that The Site reserves the right, in its sole discretion, to remove any posting by Me, or to terminate My access to all or any part of the the Site services at any time, for any reason, or for no reason, with or without prior notice or explanation, and without liability.

20. I understand and agree that the TOS constitutes the entire agreement between Me and the Site. I understand and agree that the failure of The Site to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision. If any provision, or portion thereof, of this TOS is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, I understand and agree that such invalidity shall not affect the validity of the remaining portions of Agreement and understand and agree that The Site may substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
    

21. The Terms of Service were last updated on October 30, 2009.