Terms and Conditions of Use
covering Web Site RestaurantFlyer.com - YUMKY®
Web Systems Int. 120 Eglinton Ave. East, Unit #1100, Toronto, On, M4P 1E2
Tel: (1) 4164244983
1. Acceptance Of Terms
2. Content
3. Content Submitted To RestaurantFlyer.com - YUMKY® Site
4. Links To Third Parties
5. Use of materials
6. Use of Photos and Images
7. Accounts and Security
8. Linking to RestaurantFlyer.com - YUMKY® Site
9. Confidentiality of RestaurantFlyer.com - YUMKY® Information
10. RestaurantFlyer.com - YUMKY® Privacy Policy
11. Disclaimer / Liability
12. General
13. Indemnity
14. Advertisements and Promotions
1. Acceptance Of Terms
Please carefully review These Terms and
Conditions before you Visit the RestaurantFlyer.com - YUMKY® Web Site. You must
agree With Them to Use RestaurantFlyer.com - YUMKY® Web Site or any
RestaurantFlyer.com - YUMKY® Products and Services.
Welcome to RestaurantFlyer.com - YUMKY® Site. Using in any manner this Web site
and all available to you information such as technical, contractual, product,
program, pricing, marketing, and other valuable information ("Information");
and content such as data, text, software, music, sound, photographs, graphics,
video, messages, products, downloads, documents, communications, files,
publications, content, tools, forums, resources, or other materials and
services("Content"); you agree with the following Terms and Conditions ("Terms
and Conditions") and any other Terms and Conditions contained on, in or
available through RestaurantFlyer.com - YUMKY® Site.
Acceptance of the Terms and Conditions creates a legal agreement between you
and Web Systems Int. that you will comply with the Terms and Conditions and use
RestaurantFlyer.com - YUMKY® Site only in a manner that is consistent with
these Terms and Conditions. If you do not agree to the Terms and Conditions,
you may not access RestaurantFlyer.com - YUMKY® Site or use any of
RestaurantFlyer.com - YUMKY® products or services.
Web Systems Int. provides its Web Site to you, your employees, agents, and
contractors, and any other entity on whose behalf you accept these terms
(collectively "you"), subject to these terms. These terms are entered into by
and between Web Systems Int. and you, and you accept them by using
RestaurantFlyer.com - YUMKY® Web Site in any manner. If you are using
RestaurantFlyer.com - YUMKY® Site on behalf of your employer, you represent and
warrant that you are authorized to accept these Terms on your employer's
behalf, and that your employer agrees to indemnify you and Web Systems Int. for
violations of these Terms.
If while using RestaurantFlyer.com - YUMKY® Site you create any Membership
accounts Web Systems Int. reserves the right to terminate any Membership at any
time, for any reason or no reason, with or without notice. In addition, members
who violate these Terms and Conditions may have their Membership terminated,
services cancelled, and their pages and materials, or portions thereof,
suspended, deleted or removed without warning. Web Systems Int. will not return
removed materials to a member. Web Systems Int. is not responsible for any loss
of data resulting from termination of Membership or removal of member material.
Web Systems Int. can modify or amend its Site, information, software,
documents, publications, prices, technical specifications, products offerings,
these Terms and Conditions and any other information and materials at any time,
for any reason, without notice, including the right to terminate
RestaurantFlyer.com - YUMKY® services or any part of the services.
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2. Content
All materials on RestaurantFlyer.com - YUMKY® Site are the property of Web
Systems Int. and its contributors. All brand, logos or product names are or may
be trademarks of and are used to identify products and services of, their
respective owners. All of the material on the RestaurantFlyer.com - YUMKY® Site
are protected by the copyright laws. Any use of materials on
RestaurantFlyer.com - YUMKY® Site other than as described in these Terms and
Conditions is strictly prohibited, including but not limited to the
distribution or modification of the materials, the use of the materials on
another website, the creation of derivative works, and the use of the materials
for any public or commercial purpose. By using RestaurantFlyer.com - YUMKY®
Site you agree to comply with and be bound by the following Terms and
Conditions.
All content including pages, code, data, text, music, sound, photographs,
graphics, video messages or other materials and the selection and arrangement
thereof, and all source code, software compilations and other material or other
content from RestaurantFlyer.com - YUMKY® Site may not (without prior Web
Systems Int. consent) be reused, copied, edited, published, displayed,
distributed, stored, leased, rented, transmitted, commercially exploited or
disseminate redistributed, downloaded, modified, reproduced in any way, shape,
or form, reposted, transmitted, disseminated, sold, broadcast or circulated or
otherwise used except as expressly stated either in such materials or in this
notice without the written permission of Web Systems Int. unless otherwise
expressly indicated.
Failure to do so is a violation of copyright laws. You are only allowed to use
RestaurantFlyer.com - YUMKY® Site materials in accordance with applicable law
and these Terms and Conditions. Any other use is prohibited.
You are permitted to print or download extracts of the Content for your
personal use only provided that each copy contains a notice that the material
is owned by or licensed to Web Systems Int. or another respective owner. The
use of such Content is solely for personal and non-commercial use; such Content
will not be copied or posted on any networked computer or published in any
medium, except as explicitly permitted by valid permission or license covering
such materials; and no modifications are made to such Content. This permission
terminates automatically without notice if you breach any of the Terms or
Conditions. Upon termination, you must immediately destroy any downloaded
and/or printed Content.
You may not copy, reproduce, retransmit, distribute, publish, commercially
exploit or otherwise transfer any materials or information from this site in
any format, electronic or otherwise, except as allowed by Web Systems Int.
Failure to adhere to copyright laws may result in legal action taken by the
copyright holder.
The creators of RestaurantFlyer.com - YUMKY® Site and its contributors are not
liable in any way for damages or litigation that may arise when using or
downloading content contained on all pages related to www.RestaurantFlyer.com -
YUMKY.com. The users acknowledge that they assume all risk and/or
responsibility when using and viewing RestaurantFlyer.com - YUMKY® Site. Please
use your own legal discretion and resources concerning any liability issues.
If you create any account in RestaurantFlyer.com - YUMKY® Site and become a
RestaurantFlyer.com - YUMKY® Site member, you become a participant in the
RestaurantFlyer.com - YUMKY® Community. If your photos or images are in public
pages they may be visible to others in the RestaurantFlyer.com - YUMKY®
Community and we may incorporate them in directories, search results or in any
other places on the RestaurantFlyer.com - YUMKY® Site.
As a condition of Membership, you hereby grant RestaurantFlyer.com - YUMKY® a
perpetual, universal, nonexclusive right to copy, display, modify, alter,
transmit and distribute any materials stored by you in public pages or
otherwise provided by you to RestaurantFlyer.com - YUMKY® Site. You represent
and guarantee to Web Systems Int., as a condition of Membership, that you are
the legal owner of the copyright to all materials you submit to
RestaurantFlyer.com - YUMKY® Site or that you have permission from the
copyright owner to submit the materials to RestaurantFlyer.com - YUMKY® Site.
If you believe that your material or the material of another has been
wrongfully copied or stolen, please provide RestaurantFlyer.com - YUMKY® with
the following: a physical or electronic signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest; a description of the copyrighted work or other intellectual property
that you claim has been infringed; a description of where the material that you
claim is infringing is located on RestaurantFlyer.com - YUMKY® Site; your
address, telephone number, and email address; a statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf. Web Systems Int. may be
reached by email at info@websystemsint.com.
Upon proper notice of a potential copyright infringement, Web Systems Int. will
remove or disable access to the material in question and take reasonable steps
to promptly notify the member responsible for the material of the removal or
disabling. If any copyright, trademark, patent, publicity rights, or other
infringement comes to the attention of Web Systems Int., Web Systems Int.
reserves the right to delete all infringing files and terminate the user's
Membership without receiving a complaint from the person whose rights have been
infringed.
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3. Content Submitted To RestaurantFlyer.com - YUMKY®
Site
Information, data, text, music, software, sound, photographs, graphics, video,
messages or other materials may be posted or uploaded (in public or privately)
on to designated areas of RestaurantFlyer.com - YUMKY® Site. Any information,
data, text, music, software, sound, photographs, graphics, video, messages or
other materials which are posted or uploaded on to RestaurantFlyer.com - YUMKY®
Site or otherwise transmitted through RestaurantFlyer.com - YUMKY® Site by any
visitor to RestaurantFlyer.com - YUMKY® Site is referred to as Submissions.
If you upload, post or otherwise transmit any Content to a public part of
RestaurantFlyer.com - YUMKY® Site (including, without limitation, if you post a
message to a bulletin board or chat forum, upload files, input data, or engage
in any other form of communication through RestaurantFlyer.com - YUMKY® Site)
you are wholly responsible for it. By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights to your
Submission as described in these Terms and Conditions including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
No RestaurantFlyer.com - YUMKY® Site user may process, digitize, post, upload,
store, share, post or submit a hyperlink to, or otherwise display on
RestaurantFlyer.com - YUMKY® Site any of the following:
1) Content or material that we believe is pornographic, obscene, or of an
'adult' or sexual nature.
2) Content or material that we believe is grossly offensive to the online
community, including but not limited to, blatant expressions of bigotry,
prejudice, racism, hatred and profanity.
3) Content or material that exploits children under the age of 18 or posts or
discloses any personally identifying information about children under the age
of 18.
4) Content or material promoting or providing instructional information about
illegal activities, promoting harm or injury to any group, individual or
cruelty to animals including, but not limited to:
a) Instructions on how to assemble or use bombs, grenades or other weapons; and
b) Disseminating personal information about another individual for malevolent
purposes, including libel, slander, defamation or violation of an individual's
right to privacy.
5) Copyrighted content or material that is used without the express permission
of the owner. Photographs and other images published in books, magazines,
posters, calendars, webSite and other media are generally protected by
copyright law. Uploading these images to RestaurantFlyer.com - YUMKY® Site
without the owner's permission may constitute copyright infringement and may
result in termination of your RestaurantFlyer.com - YUMKY® Site Membership.
6) Content or material that infringes or encroaches on the rights of others,
including, but not limited to, infringement of intellectual property rights as
well as privacy and publicity rights and harm to reputation.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part, you warrant and represent that you are the
copyright owner of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use and
as otherwise permitted by these Terms and Conditions and RestaurantFlyer.com -
YUMKY® Site, you have the rights necessary to grant the licenses and
sublicenses described in these Terms and Conditions, and that each person
depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms and Conditions, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such
Images.
Unless otherwise specified, Web Systems Int. does not claim ownership of the
materials you provide to RestaurantFlyer.com - YUMKY® Site (including, without
limitation, information, ideas, concepts, techniques, feedback, data,
questions, comments and suggestions, or the like) or post, upload, input or
submit to RestaurantFlyer.com - YUMKY® Site for review by Web Systems Int., the
general public, and/or by the members of any public or private community, and
such Submissions shall be deemed not to be confidential. However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
Web Systems Int., its affiliated companies and necessary sublicenses permission
to use your Submission in connection with the operation of their businesses
(including, without limitation, all RestaurantFlyer.com - YUMKY® Site),
including, without limitation, the license rights to: copy, license,
distribute, transmit, publish, reproduce, edit, adapt, modify, translate and
reformat, publicly perform or display your Submissions in any form or medium
anywhere in the World; to publish your name in connection with your Submission;
develop, manufacture, and market products incorporating such ideas, concepts,
or techniques, and the right to sublicense such rights to any supplier of the
services and/or materials on RestaurantFlyer.com - YUMKY® Site. You irrevocably
and unconditionally waive any moral rights or similar rights you have in any
Submissions pursuant to the Copyright, Designs and Patents Acts or equivalent
legislation anywhere in the World.
By Posting Images, you are granting to all members of your private community
(for each such Images available to members of such community), and/or to the
general public (for each such Images available anywhere on RestaurantFlyer.com
- YUMKY® Site, other than a community), permission to use your Images in
connection with the use, as permitted by these Terms and Conditions, of any of
the services or materials on RestaurantFlyer.com - YUMKY® Site (including, by
way of example, and not as a limitation, making prints), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier of the
services and/or materials on RestaurantFlyer.com - YUMKY® Site.
No compensation will be paid with respect to the use of your Submissions.
You understand that all photographs, text, graphics, messages, content and
other materials, whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such materials originated. Web Systems
Int. does not control the Submissions and, as such, is not responsible for it
in any way whatsoever. In particular, Web Systems Int. does not guarantee the
accuracy, integrity or quality of such Submissions. You understand that by
using RestaurantFlyer.com - YUMKY® Site, you may be exposed to materials that
are offensive, indecent or objectionable. Under no circumstances will Web
Systems Int. be liable in any way for any materials on RestaurantFlyer.com -
YUMKY® Site, including, but not limited to, for any errors or omissions in any
materials, or for any loss or damage of any kind incurred as a result of the
use of any materials posted, emailed, transmitted or otherwise made available
via RestaurantFlyer.com - YUMKY® Site.
Web Systems Int. shall have the right (but not the obligation) in its sole
discretion to delete, edit, lock, move or remove any Submissions without
notice. Without limiting the foregoing, Web Systems Int. shall have the right
without notice to record the IP address from which any Submissions is posted or
uploaded to or otherwise transmitted through RestaurantFlyer.com - YUMKY® Site
and to lock or remove any Submissions which violates these Terms and Conditions
or is or may be irrelevant, out of date, inappropriate or objectionable in any
way whatsoever or in respect of which Web Systems Int. receives any complaint
(whether valid, justified or not). Web Systems Int. is under no obligation to
post or use any Submission you may provide and Web Systems Int. may remove any
Submission at any time in its sole discretion for any reason or no reason, at
any time, with or without notice.
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4. Links To Third Parties
RestaurantFlyer.com - YUMKY® Site may contain links to webSite operated by
third parties. Web Systems Int. does not have any control over any such
Third-Party Web Site and, unless otherwise stated. Web Systems Int. is
providing these links to you only as a convenience, and the inclusion of any
link does not imply that Web Systems Int. endorses or accepts any
responsibility for the content on such Third-Party Web Site.
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5. Use of materials
All materials contained in RestaurantFlyer.com - YUMKY® Site are the
copyrighted property of Web Systems Int., its subsidiaries, affiliated
companies and/or third-party licensors. All trademarks, service marks, and
trade names are proprietary to Web Systems Int., or its subsidiaries or
affiliated companies and/or third-part licensors.
Web Systems Int. and/or its respective suppliers make no representations about
the suitability of the information contained in the documents and related
graphics published as part of the services for any purpose. All such documents
and related graphics are provided "as is" without warranty of any kind. Web
Systems Int. and/or its respective suppliers hereby disclaim all warranties and
conditions with regard to this information, including all warranties and
conditions of merchantability, whether express, implied or statutory, fitness
for a particular purpose, title and non-infringement. In no event shall Web
Systems Int. and/or its respective suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever resulting from loss
of use, data or profits, whether in an action of contract, negligence or other
tortuous action, arising out of or in connection with the use or performance of
information available from RestaurantFlyer.com - YUMKY® Site.
The documents and related graphics published on the services could include
technical inaccuracies or typographical errors. Web Systems Int. and/or its
respective suppliers may make improvements and/or changes in the materials
described herein at any time without notice.
Unless otherwise specified, the materials, documents, publications, graphics
and services on this website are for your personal and non-commercial use, and
you may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from RestaurantFlyer.com -
YUMKY® Site without the written permission from Web Systems Int. You may not
modify, copy or distribute graphics separate from their accompanying text and
you not to quote materials out of their context, display the below copyright
notice and other proprietary notices on every copy you make, and you agree that
Web Systems Int. may revoke this permission at any time and you shall
immediately stop your activities related to this permission upon notice from
Web Systems Int. Use for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
The permission above to use documents and publications does not include
permission to copy the ideas, database contents, design elements, look and
feel, or layout of RestaurantFlyer.com - YUMKY® Site. Those elements of
RestaurantFlyer.com - YUMKY® Site are protected by law, such as trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from the
RestaurantFlyer.com - YUMKY® Site may be copied or retransmitted unless
expressly permitted by Web Systems Int.
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6. Use of Photos and Images
All photographs displayed on RestaurantFlyer.com - YUMKY® Site are original and
are the copyrighted property of Web Systems Int. or their respective owners.
By downloading, storing or using any image from RestaurantFlyer.com - YUMKY®
Site you are accepting the following license:
1) You, as user of any images contained on RestaurantFlyer.com - YUMKY® Site,
accept any and all liability arising from such use.
2) You may download and store only the images you plan to use as materials for
the creation of non-commercial projects or publications. You may not archive
images other than those used in such a project or publication (i.e. downloading
or archiving the entire collection or substantial part of is prohibited). You
may not include these images in a clipart or image-collection web site.
3) You must not redistribute the images in anyway designed for reuse. You must
not offer for sale or sub-license these images (or a collection of) without the
express permission of RestaurantFlyer.com - YUMKY®.
4) Web Systems Int. reserves the right to change these conditions at any time
without notice. Changes will be published here.
5) Some of the images featured on RestaurantFlyer.com - YUMKY® Site contain
trademarks and logos from other entities. Web Systems Int. in no way connected
to these entities, all trademarks and logos remain the property of their
respective owners. Users wishing to use these images should seek permission
from the relevant trademark holder before use.
6) Users of RestaurantFlyer.com - YUMKY® Site may be required to join
RestaurantFlyer.com - YUMKY® mailing list / register as a member. It is the
userТs responsibility to re-subscribe/amend their details if they change e-mail
address. Subscription is completely free.
7) You may not use any of these images in a manner that would misrepresent a
person appearing in the images or cause them or their reputation to be harmed
in any manner.
Web Systems Int. cannot specifically grant permission for end users to
reproduce, redistribute or modify images owned by third parties.
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7. Accounts and Security
If any of RestaurantFlyer.com - YUMKY® Site Services requires you to open an
account, you must complete the registration process by providing us with true,
current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
RestaurantFlyer.com - YUMKY® Site Member maybe any restaurant or any other
company specializing in ready food that truthfully and accurately registers all
required information (including a legitimate email address) and obtains a
unique RestaurantFlyer.com - YUMKY® Username and Password. You are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
Each member is allowed to have only one RestaurantFlyer.com - YUMKY® Membership
and the privileges associated with Membership. RestaurantFlyer.com - YUMKY®
allows only one member per registered legitimate email address.
You are entirely responsible for any and all activities that occur under your
account. You agree to notify Web Systems Int. immediately of any unauthorized
use of your account or any other breach of security. Web Systems Int. will not
be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Web Systems Int. or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
You are entirely responsible for all your Submissions via RestaurantFlyer.com -
YUMKY® Site. You agree not to upload, post or otherwise transmit via
RestaurantFlyer.com - YUMKY® Site Submissions that: is inaccurate, harmful,
obscene, pornographic, defamatory, racist, violent, offensive, harassing, or
otherwise objectionable to Web Systems Int. or other users of
RestaurantFlyer.com - YUMKY® Site; includes unauthorized disclosure of personal
information; violates or infringes anyone's intellectual property rights; or
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. Web Systems Int. reserves
the right to edit or remove Submissions that violates these Terms and
Conditions or that contains third-party commercial advertisements.
As a condition of your use of RestaurantFlyer.com - YUMKY® Site, you will not
use Web Systems Int. Site for any purpose that is unlawful or prohibited by
these Terms and Conditions. You agree that you will not use RestaurantFlyer.com
- YUMKY® Site in any manner that could damage, disable, overburden, or impair
any Web Systems Int. Site. You will not: transmit spam, bulk or unsolicited
communications; pretend to be RestaurantFlyer.com - YUMKY® or someone else, or
spoof RestaurantFlyer.com - YUMKY®'s or someone else's identity; forge headers
or otherwise manipulate identifiers (including URLs) in order to disguise the
origin of any Submissions transmitted through the Services; attempt to gain
unauthorized access to services, materials, other accounts, computer systems or
networks connected to RestaurantFlyer.com - YUMKY® Site, through hacking,
password mining or any other means; obtain or attempt to obtain any materials
or information through any means not intentionally made available through
RestaurantFlyer.com - YUMKY® Site; misrepresent your affiliation with a person
or entity; disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users' ability to use RestaurantFlyer.com -
YUMKY® Site; engage in activities that would violate any fiduciary
relationship, any applicable local, national or international law, or any
regulations having the force of law, including but not limited to attempting to
compromise the security of any networked account or site, operating an illegal
lottery or gambling operation, stalking, or making threats of harm; or collect
or store personal data about other users unless specifically authorized by such
users.
You acknowledge and agree that certain services may provide password-restricted
access to customer information such as names and certain terms of your
contracts. By using RestaurantFlyer.com - YUMKY® Site and registering for such
services, you consent to RestaurantFlyer.com - YUMKY®’s display of such
information via the services and accept all risks of unauthorized access to
such information. If you provide any information that is false, inaccurate, out
of date, or incomplete, or Web Systems Int. has reasonable grounds to suspect
that such information is false, inaccurate, not current, or incomplete, Web
Systems Int. may suspend or terminate your account and refuse any and all
current or future use of the services or any portion thereof. You are
responsible for all costs and charges, including without limitation, phone
charges and telecommunications equipment, which you incur in order to use the
services.
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8. Linking to RestaurantFlyer.com - YUMKY® Site
Any Web Site may link to any of the pages on RestaurantFlyer.com - YUMKY® Site.
However, pages from RestaurantFlyer.com - YUMKY® Site may not be embedded in a
frame from the referring site, without the written permission of Web Systems
Int.
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9. Confidentiality of RestaurantFlyer.com - YUMKY®
Information
You may obtain direct access via RestaurantFlyer.com - YUMKY® Site to certain
confidential information of Web Systems Int. and its clients and suppliers,
including without limitation technical, contractual, product, program, pricing,
marketing and other valuable information that should reasonably be understood
as confidential. You must hold Confidential Information in strict confidence.
Title to Confidential Information remains with Web Systems Int. and its clients
and suppliers.
Your obligations regarding Confidential Information expire five (5) years after
the date of disclosure. Upon termination of the Terms and Conditions or Web
Systems Int.'s written request, you must cease use of Confidential Information
and return or destroy it.
The Terms and Conditions impose no obligation upon you with respect to
Confidential Information that you can establish by legally sufficient evidence:
you possessed prior to your receipt from Web Systems Int., without an
obligation to maintain its confidentiality; is or becomes generally known to
the public through no act or omission by you, or otherwise without violation of
the Terms and Conditions; you obtained from a third party who had the right to
disclose it, without an obligation to keep such information confidential; you
independently developed without the use of Confidential Information and without
the participation of individuals who have had access to it, or in response to a
valid order by a court or other governmental body, as otherwise required by
law, or as necessary to establish the rights of either party under these Terms
and Conditions and as disclosed after prior notice to RestaurantFlyer.com -
YUMKY® adequate to afford Web Systems Int. the opportunity to object to the
disclosure.
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10. RestaurantFlyer.com - YUMKY® Privacy Policy
Web Systems Int. respects your desire for privacy. Web Systems Int. will not
release your personally identifiable information to third parties without
appropriate authorization. If you provide information to Web Systems Int. on or
through RestaurantFlyer.com - YUMKY® Site, Web Systems Int. will use it in
accordance with the terms of its privacy policy. That privacy policy forms part
of these Terms and Conditions and by using RestaurantFlyer.com - YUMKY® Site
you acknowledge and agree that you have read and accept the terms of that
privacy policy. Your information may be stored and processed in Canada or any
other country in which Web Systems Int. or RestaurantFlyer.com - YUMKY®
representatives and affiliates maintain facilities. This information is highly
protected and is stored in a secure and controlled environment. By using
RestaurantFlyer.com - YUMKY® Site, you consent to any such transfer of
information outside of your country and you consent to the terms of our Privacy
Policy.
Web Systems Int. makes every effort to maintain the security of the storage of
private information, but you acknowledge that the exchange between Web Systems
Int. members and others of information such as passwords or electronic mail may
not be secure. Web Systems Int. encourages members to change their passwords
frequently. Postings and other communications on RestaurantFlyer.com - YUMKY®
Site are not private.
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11. Disclaimer / Liability
Except as expressly provided otherwise, all information, software,
documentation, materials, services and publication are provided "as is" without
warranty of any kind and Web Systems Int. hereby disclaims all warranties
either expressed or implied, including but not limited to, implied warranties
of merchantability or fitness for a particular purpose. In addition, except as
expressly provided otherwise, Web Systems Int. disclaims any warranties of
non-infringement, title, or quiet enjoyment. In no event shall Web Systems Int.
and/or its respective suppliers be liable for any special, indirect or
consequential damages or any damages whatsoever resulting from loss of use,
data or profits, whether in an action of contract, negligence or other action,
arising out of or in connection with the use of RestaurantFlyer.com - YUMKY®
Site, use or performance of software, documents, materials, publications,
provision of or failure to provide services, or information available from
RestaurantFlyer.com - YUMKY® Site.
RestaurantFlyer.com - YUMKY® Site, materials, publications and documents may
contain technical inaccuracies or typographical errors. Web Systems Int.
assumes no responsibility for and disclaims all liability for any such
inaccuracies, errors or omissions in RestaurantFlyer.com - YUMKY® Site,
materials, publications and documents and in any other reference. Web Systems
Int. makes no warranty or representation that: RestaurantFlyer.com - YUMKY®
Site will be uninterrupted, timely, secure, or error-free; the results that may
be obtained from the use of RestaurantFlyer.com - YUMKY® Site will be accurate
or reliable; the quality of any products, services, content, information, or
other material purchased or obtained throughout RestaurantFlyer.com - YUMKY®
Site will meet your expectations or requirements; or any errors in
RestaurantFlyer.com - YUMKY® Site will be corrected.
Web Systems Int. and its affiliates, subsidiaries, officers, directors,
employees, successors and assigns will not be liable for any damages of any
kind arising from the use of RestaurantFlyer.com - YUMKY® Site, including but
not limited to direct, indirect, special, incidental or consequential damages,
whether based on breach of contract, breach of warranty, tort, product
liability or otherwise, even if advised of the possibility of such damages.
Web Systems Int. is not responsible for technical, hardware or software
failures of any kind; lost or unavailable network connections; incomplete,
garbled or delayed transmissions. Under no circumstances will Web Systems Int.,
or its suppliers, be liable for any damages or injury that result from the use
of the materials on RestaurantFlyer.com - YUMKY® Site. You assume all risk for
any damage to your computer system or loss of data that results from obtaining
any content from RestaurantFlyer.com - YUMKY® Site, including any damages
resulting from computer viruses.
Any image that is claimed to be in violation of intellectual property
infringement or the legal rights of any person or entity will be removed
promptly upon notification.
We do not and cannot review all content posted by viewers on
RestaurantFlyer.com - YUMKY® Site, and we are not responsible for such content.
However, we do reserve the right to delete or edit any reviews or other
postings that are not, in our sole discretion, in the spirit of these basic
values. We will monitor posting activity of anyone who violates the following
guidelines and, if necessary, restrict their ability to post reviews or
messages on RestaurantFlyer.com - YUMKY® Site.
Web Systems Int. urges all members to maintain backup versions of their Web
Systems Int. files and materials to guard against losses of any kind. Web
Systems Int. is not responsible for any loss of data and/or files resulting
from Web Systems Int. suspension or deletion of data and/or files, network or
system outages, file corruption or for any other reason. Web Systems Int. is
not required to return any materials you submit to RestaurantFlyer.com - YUMKY®
Site.
Web Systems Int. is not responsible for the content in other Site, and links
from RestaurantFlyer.com - YUMKY® Site to other Site are not intended to imply
endorsement of them by Web Systems Int.
Users agree that all access and use of RestaurantFlyer.com - YUMKY® Site, and
externally linked pages, are at the user's own risk. Neither Web Systems Int.
nor any party involved in creating, producing or delivering RestaurantFlyer.com
- YUMKY® Site shall be liable for any direct, incidental, consequential,
indirect, special, punitive or similar damages arising out of access, use or
inability to use RestaurantFlyer.com - YUMKY® Site, or any errors or omissions
in their content.
The user specifically waives any and all claims the user may have arising out
of use of RestaurantFlyer.com - YUMKY® Site. Any service for which a separate
fee is charged carries with it only the representations and warranties
specifically stated attributable to that service.
RestaurantFlyer.com - YUMKY® Site, documents and publications are distributed
internationally and may contain references or cross-references to Web Systems
Int. products, programs, and services that have not been announced or available
in your country. Such references do not imply that Web Systems Int. intends to
announce such products, programs, or services in your country.
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12. General
Web Systems Int. reserves the right in its sole discretion to change, modify,
update, add, or remove portions of the Terms and Conditions at any time without
notice to you and also to deny you access to RestaurantFlyer.com - YUMKY® Site,
or any portion thereof, without notice and for any reason including, without
limitation, if you fail to comply with any provision of these Terms and
Conditions. Please check these Terms and Conditions for changes. Your continued
use of this website following the posting of changes to the Terms and
Conditions will mean you accept those changes.
The Terms and Conditions constitute the entire agreement between you and Web
Systems Int. and govern your use of RestaurantFlyer.com - YUMKY® Site,
superseding any prior agreements between you and Web Systems Int. on the
subject matter (including, but not limited to, any prior versions of the Terms
and Conditions). You also may be subject to additional Terms and Conditions
that may apply when you use other Web Systems Int. services, third-party
content or third-party software. You must not assign or otherwise transfer the
Terms and Conditions nor any right granted hereunder.
You agree that any material breach of the Terms will result in irreparable harm
to Web Systems Int. for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise available at law,
Web Systems Int. will be entitled to equitable relief, including both a
preliminary and permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if Web Systems Int.
seeks such an injunction.
Rights and obligations under the Terms and Conditions which by their nature
should survive will remain in full effect after termination or expiration of
the Terms and Conditions.
Any express waiver or failure to exercise promptly any right under the Terms
and Conditions will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any law or
regulation of any government, or by any court or arbitrator, the parties agree
that such provision will be replaced with a new provision that accomplishes the
original business purpose, and the other provisions of the Terms and Conditions
will remain in full force and effect.
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13. Indemnity
You agree to indemnify, defend and hold Web Systems Int., and its subsidiaries,
affiliates, officers, agents, co-branders, partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your Submissions, your use of
RestaurantFlyer.com - YUMKY® Site, including any use by your employees, your
connection to RestaurantFlyer.com - YUMKY® Site, your violation of the Terms
and Conditions, or your violation of any rights of any third party, including
in each case the conduct of another accessing the RestaurantFlyer.com - YUMKY®
Site through your Membership.
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14. Advertisements and Promotions
Web Systems Int. may run advertisements and promotions from Third-Parties on
RestaurantFlyer.com - YUMKY® Site. The manner, mode and extent of advertising
by Web Systems Int. are subject to change. Your correspondence or business
dealings with, or participation in promotions of, advertisers other than Web
Systems Int. found on or through RestaurantFlyer.com - YUMKY® Site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. Web Systems Int. is not responsible or
liable for any loss or damage of any kind incurred as the result of any such
dealings or as the result of the presence of such non-Web Systems Int.
advertisers on RestaurantFlyer.com - YUMKY® Site.
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