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Effective on November 1, 2013.
These terms and conditions are effective immediately for those registering accounts after that date and will become effective December 1, 2013 for those with pre-existing accounts.
These Terms and Conditions of Service (“Terms of Service”) govern your account on Qraved.com, Qraved mobile site (the “Qraved Sites” or the “Sites”), and Qraved mobile apps (the "Qraved Mobile Apps" or the "Apps") and your use of the Sites and all products and services provided through the Qraved Sites. Qraved.com is operated by PT EATIKI ("Qraved," "we", or “our”) and provides the content posted on the Sites subject to the following Terms of Service.
These Terms of Service incorporate the entirety of the Qraved Privacy Policy posted on the Sites. Please read these Terms of Service carefully. By accessing and using the Sites, you agree to be bound by these Terms of Service. You may not use the Sites if you do not accept the Terms of Service.
Qraved reserves the right to add to, delete, or change the Terms of Service at any time at its sole discretion, without notice. As such, you should check these Terms of Service from time to time for such changes.
1. Definitions
A. Parties
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Qraved.
B. Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Qraved Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Qraved or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Qraved Content.
2. Changes to the Terms of Service
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. Using the Site
A. Eligibility
To access or use the Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. Qraved will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Qraved or another party due to someone else using your account. You may not use anyone else's account at any time. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Qraved. Please read our Privacy Policy for more information.
E. Communications from Qraved and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about offers or happenings in town. You can opt-out of non-essential communications here.
A copy of Qraved Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Qraved are posted on the Sites. These Terms of Service incorporate the entirety of the Qraved Privacy Policy. You consent to any personal information we may obtain about you (either via the Qraved Sites, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
4. Site Content
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Qraved.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Qraved and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. Ownership
As between you and Qraved, you own Your Content. We own the Qraved Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Qraved Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Qraved Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Qraved Content are retained by us.
D. Advertising
Qraved and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Content Feeds
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Qraved's websites, and attributes Qraved as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Qraved promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Qraved's systems. Qraved reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
F. Other
User Content (including any that may have been created by users employed or contracted by Qraved) does not necessarily reflect the opinion of Qraved. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. Permitted Uses
The Sites are designed to offer users reservations with restaurant partners ("Restaurants") , which may include a discount. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Qraved' server, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any portion of the Sites, other accounts, computer systems, or networks connected to any Qraved' server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Sites. You will not link to any part of the Sites if such activity is illegal, will cause damage to, or will otherwise harm Qraved or any other party. Moreover, Qraved reserves the right in its sole discretion to disable or otherwise terminate your use of the Sites, or any links you make to the Sites, or request you to do the same. Qraved reserves all of its rights in the Qraved Sites not expressly granted to you by these Terms of Service.
6. Your Conduct On Qraved Sites
Qraved Sites is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
7. Claim of Copyright Infringement
Qraved respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Sites infringes the copyright in a work you own, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by Qraved of the location of the material that is allegedly infringing;
- Information reasonably sufficient to permit Qraved to contact you;
- 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; and
- 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.
- You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Qraved with our Contact Us form.
8. Links to Other Websites/Mobile Sites
The Sites may contain advertisements and/or links to other sites ("Third Party Sites"). These links are provided solely for the convenience of the users. Qraved does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the Sites and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the Qraved Sites, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Qraved Sites, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Qraved bears no responsibility for any action associated with any Third Party Site. Moreover, Qraved does not imply an affiliation with any Third Party Site.
9. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Qraved entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the Site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
The Site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Qraved entities may not monitor, control, or vet user content. As such, your use of the Site is at your own discretion and risk. The Qraved entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Qraved entities are not liable to you for any loss or damage that might arise, for example, from the Site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the site.
Qraved is a service provider and transaction handler for third party merchants ("Merchants"). Qraved is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant provides. Qraved make no claims or promises with respect to any third party, such as Merchants, businesses or advertisers listed on the Site or the Site's Users. Accordingly, the Qraved entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the Merchants, businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
Qraved entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the Site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Qraved entities shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.
Qraved entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of (i) the amount paid, if any, by you to the Qraved entities in connection with the Site in the 12 months prior to the action giving rise to liability, or (ii) USD $100.
Qraved entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
Qraved has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. Qraved has no obligation to provide you with notice of any such changes, and Qraved is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.
10. Indemnification
You agree to defend, indemnify, and hold harmless Qraved from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Sites. Qraved reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Qraved in asserting any available defenses.
11. Arbitration and Jurisdiction
All disputes arising out of, relating to or connected with these Terms of Service, Privacy Policy, or your use of any part of the Qraved Sites, will be resolved by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Service shall be New York, the State of New York. All disputes in arbitration will be handled solely between the named parties, and not on any representative of class basis. Notwithstanding any other provision of these Terms of Service, to the extent that you have in any manner violated or threatened to violate Qraved’s intellectual property rights, Qraved reserves the right to seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.
12. Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Qraved with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1 - 13 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
13. General Terms
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on Qraved's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Qraved's prior wr
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