Terms of Services
WordHampton Public Relations Inc.
512 Three Mile Harbor Road
East Hampton, NY 11937
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.
Digital Millennium Copyright Act
As provided for in the Digital Millennium Copyright Act; If You feel any content on this web site violates Your copyrights please contact our designated agent:
City, State, Zip
By fax or regular U.S. mail (not by email) with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
1. Remove or disable the identified infringing material (but maintain a copy for later use);
2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax or regular U.S. mail (not email) that includes substantially the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber's address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
By using the Site You are making
the following representations and warranties:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- I understand and
agree that I will not use the Site to:
- 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.
- Impersonate another
person or post a photograph of another person as My image;
- Stalk or otherwise
- Harm a minor in any way;
- Post, email, upload
or transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, unsolicited mass mailing, chain letters,
or pyramid schemes;
- Promote an illegal
or unauthorized copy of another person's copyrighted work;
- 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;
- Use software that automatically creates user identities;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Post a review on a business I own, control or I am employed by;
- Post inaccurate or misleading information or pictures; or
- Misrepresent a product or service.
- 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.
- 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.
- I EXPRESSLY UNDERSTAND
AND AGREE THAT:
- 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.
- 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.
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- 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.
- I understand and agree that if there is any dispute between Me and The Site I will attempt to resolve the dispute by contacting email@example.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.
- 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.
- 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.
- 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.
- 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.
- I understand and
agree that the Site contains User Content posted, stored, or displayed
for which The Site cannot accept any responsibility or liability.
- 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.
- 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.
- The Terms of Service
were last updated on October 21, 2010.