OVERVIEW Welcome to the Eat Up New York Website. We appreciate you stopping by. By visiting WWW.EATUPNEWYORK.COM you are consenting to the following terms and conditions. The following Terms and Conditions (or “Terms of Use”) govern your access to, and use of WWW.EATUPNEWYORK.COM (“Website”), including any content, functionality and services offered on or through this site, whether as a guest or a registered user. Please read the Terms and Conditions carefully before you start to use this Website. By using the Website you accept and agree to be bound and abide by these Terms and Conditions, incorporated herein by reference. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. All references to “we”, “our”, “us” and “company” are to Eat Up New York LLC (“Eat Up New York”). “You” and “Your” refers to any user of the Eat Up New York Website. HOW YOU MAY USE OUR MATERIALS AND SERVICES The Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Eat Up New York LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights reserved. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: You may print [or download] aspects of the Website for your own personal, informational, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you make take such actions as are enabled by such features. You must not: Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You may not use the material or services to sell a product or service, to increase traffic to your Website, or any commercial endeavors. You may not take the results from a Eat Up New York Website search and reformat and/or display them, or reproduce the Eat Up New York Website home page or results pages on your Website. You must not access, use, or reproduce any part of the Website or any services or materials available through the Website for any commercial purposes. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@eatupnewyork.com HOW YOU MAY USE OUR MARKS The Eat Up New York name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Eat Up New York or its affiliates or licensors. You may not use such marks without the prior written consent of the Eat Up New York. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Requests for authorization can be sent to Eat Up New York LLC, 129 West 27th Street, 6th Floor, New York, NY 10001. HOW WE MAY USE INFORMATION YOU PROVIDE TO US Please do not send us any confidential or proprietary information. Any feedback, data answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure. Also, any information that you choose to provide to Eat Up New York will be considered to come with an unrestricted, irrevocable, worldwide license to use, reproduce, and distribute the information. Eat Up New York will also be free to use any ideas, concepts, know how or techniques contained therein, for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. By submitting Material to Eat Up New York, you agree to hold Us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. ENDORSEMENTS Any reference that is made to a specific product, process, or service does not necessarily constitute or imply an endorsement, sponsorship or recommendation by Eat Up New York of the product, process or service. In addition, any links to third-party sites or products are provided as a courtesy and convenience to our visitors. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials, the referenced companies, or their views. LAWFUL PURPOSE You may use the Site and Service for lawful purposes only. You must not use this Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). COPYRIGHT INFRINGEMENT REPORTING In accordance with the Digital Millennium Copyright Act (DMCA) (the text at which can be found at the U.S. Copyright Office Website, http://lcweb.loc.gov/copyright/) and other applicable intellectual property laws, we will respond to notices of alleged infringement that comply with the DMCA. If you believe that material posted on the Website is in violation of your copyright or other proprietary rights, please send a notification of infringement to: Eat Up New York LLC Attn: DMCA Complaint 129 West 27th Street 6th Floor New York, NY 10001 If we remove or disable access to material claimed to be infringing, we will make a goodfaith effort to contact the owner or administrator of the affected Websites in order to allow them the opportunity to make a counter notification pursuant to Title II, Section 512 (g)(1) of the DMCA. NOTIFICATION OF INFRINGEMENT REQUIREMENTS To be an effective and valid notification of infringement under the DMCA, the following information must be provided in a written communication to the address listed above: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed; Identification of the copyrighted work claimed to be infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and the URL of such material and the search terms (if any) that produced the allegedly infringing materials URL; Your contact information including your postal address, telephone numbers and email address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that the use of the material in the manner complained 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 the complaining party is authorized to act on behalf of the copyright owner DISCLAIMER OF WARRANTIES Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Eat Up New York nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Eat Up New York nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. LIMITATION OF LIABILITY In no event will the Eat Up New York, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any Websites linked to it, any content on the Website or such other Websites or any services or items obtained through the Website or such other Websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. INDEMNIFICATION You agree to defend, indemnify and hold harmless the Eat Up New York, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. You shall provide us with such assistance, without charge, as we may request in connection with any defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. RELIANCE ON INFORMATION POSTED The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. CHANGES TO THE TERMS OF USE We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Please ensure that you are aware of the most recent Terms of Use Policy. GOVERNING LAW AND JURISDICTION All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). LIMITATION ON TIME TO FILE CLAIMS Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. WAIVER AND SEVERABILITY No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. EFFECT OF HEADINGS The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. ENTIRE AGREEMENT The Terms of Use constitute the sole and entire agreement between you and Eat Up New York with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Once again by using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not want to agree to these Terms of Use you must not access or use the Website. Date Last Modified: 11/01/2014
