TERMS AND CONDITIONS OF USE

Introduction:  RestaurantBar.com is an online service that allows you to RestaurantBar.com  is “Wine and Dine with Deals.” In other words, it’s all about one thing, DEALS!.  The terms “RestaurantBar” “we” “us” and “our” shall be used herein to refer to the RestaurantBar.com website owned by CTN Services, Inc.

 

This Terms of Use (hereafter “Agreement”) sets forth and governs the legally binding terms by which you agree to use the services provided by this site.  By using the services of this site you agree to be bound by this Agreement.

 

We reserve the right to update, modify and change this Agreement at any time without prior notice to you.  It is your responsibility to review the most current version of this Agreement at http://www.restaurantbar.com/how_it_works/terms-and-conditions .  All updates to this Agreement shall be effective upon posting on the site.  Any use by you of the site after such posting shall be deemed sufficient to constitute your acceptance of this Agreement.  Therefore it is important that you regularly visit this Agreement to review and keep current on any changes or updates.  If you do not agree with the terms of this Agreement, you must leave the site and discontinue your use of the site immediately.

 

Terms:

  1. Eligibility requirements:  You must be eighteen (18) years of age or older to use the site.  By agreeing to the Terms of Use or by using the site, you warrant and represent that you are eighteen years of age or older and have the right, authority, and capacity to enter into this Agreement and have read and understand and agree to abide by the terms of this Agreement.  Use of the site is void in jurisdictions where prohibited. 
  2. Term of Agreement:  This Agreement shall remain in full force and effect while you use the site.  You may terminate your account for any reason by following the instructions for membership cancellation in your Account Settings.  We may terminate your account for any reason and at any time.  Some sections of this Agreement shall survive the termination of this Agreement with you, including but not limited to Sections 5 through 14.
  3. Password protection:  You are solely responsible for maintaining the confidentiality of your password.  You agree not to share your password with others and are fully responsible for any use of your account.
  4. Non-commercial use only:  You may not use this site for any commercial purposes except as authorized by us.  This site is available to individual members and only for personal uses.  Commercial links, advertisements, content, or accounts may be removed by RestaurantBar.  Illegal and/or unauthorized uses of the site, including but not limited to collection of member information, unauthorized linking to the site, or any use that is not expressly permitted by this Agreement, are prohibited.  Appropriate action will be taken for any unauthorized uses of the site.
  5. Proprietary rights in the Content:  You represent and warrant that you have all legal right and authority to use and/or display any information you submit, including any graphic images, links or text (“Content”) and that the display of the Content does not violate any law or regulation or infringe on any right of a third party.  Further, by submitting any Content, you expressly grant RestaurantBar an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, display, modify, distribute and prepare derivative works of the Content.  You shall be solely responsible for all Content you post.  We reserve the right to edit or remove any postings or other Content.
  6. Content posted

6.1.   Posted materials should not include Content that:

6.1.1.      is unlawful or promotes unlawful activities;

6.1.2.      is libelous;

6.1.3.      is patently offensive and promotes discrimination or harm to any group or individual;

6.1.4.      contains nudity or violence or offensive subject matter or links to an adult website;

6.1.5.      solicits private information from anyone under the age of 18;

6.1.6.      provides or displays the private information of an individual, including passwords, pictures of a person without their consent, or other confidential information;

6.1.7.      involves the transmission of “spam”, “junk mail”, or “chain letters” or any other unsolicited mail or mass mailing or other communication; or

6.1.8.      contains private information such as address, phone number, or email address.

  1. Gift certificates and rates:  The certificates and promotions offered on RestaurantBar (“Promotion”) are available according to the terms provided by third parties and may only be offered for a limited time.  You acknowledge and agree by using the site that you have read the terms of each Promotion and accept its terms.  RestaurantBar does not guarantee nor make any representations or warranties regarding such Promotions and fully disclaims all liability associated therewith.  We reserve the right, but are not obligated,  to monitor disputes between you and third parties as well as to take actions that we feel, in our sole discretion, may be appropriate to address any concerns, including termination of the membership of members.  We further reserve the right to change or remove any Promotion at any time, in our sole discretion, or add additional fees.
  2. Privacy:  Issues related to privacy of the site are governed by the Privacy Policy which can be found at http://www.restaurantbar.com/how_it_works/privacy-policy and may be updated from time to time.
  3. Disclaimers: 

9.1.   RestaurantBar is not responsible for any incorrect or inaccurate Content that is posted on the site, whether by members, administrators, or any equipment or program associated with running the site. 

9.2.   We are not responsible for any actions occurring on or off the site, whether taken by members or by visitors to the site.  UNDER NO CIRCUMSTANCES WILL RESTAURANTBAR OR ITS, OWNER, EMPLOYEES, OFFICERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM: USE OF THE SITE OR SERVICE; ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BETWEEN MEMBERS; OR ANY INTERACTIONS BETWEEN MEMBERS AND/OR NON-MEMBERS ON OR OFF THE SITE.

9.3.   THE WEBSITE AND ANY CONTENT ON THE WEBSITE ARE MADE AVAILABLE “AS-IS” AND WITHOUT ANY WARRANTIES OF ANY KIND AND RESTAURANTBAR FULLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,  OR NON-INFRINGEMENT.

10.  LIMITATION OF LIABILITY:  IN NO EVENT SHALL RESTAURANTBAR OR ITS OWNER, EMPLOYEES, OFFICERS, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF RESTAURANTBAR, ITS OWNER, EMPLOYEES, OFFICERS, AGENTS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. HOWEVER, IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

11.  Indemnity:  You agree to defend, indemnify and hold RestaurantBar, its owner, employees, agents, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising from a breach of this Agreement, a breach of your representations and warranties, and/or any other obligation, loss, liability, claim or demand which may otherwise arise from your use.

12.  Jurisdiction:  RestaurantBar operates and controls its sites from its office in the State of Maryland, in the United States of America, and Maryland law shall govern and control any action concerning the sites.

13.  Intellectual Property:  The copyrights, trademarks, service marks and brands (“Intellectual Property”) on the RestaurantBar website are owned or licensed by RestaurantBar or its affiliates.  All such Intellectual Property is protected by federal or state law.  You may not copy, link to, distribute, repost, or modify the website or any content or any part thereof from the site without the prior express written permission of RestaurantBar.

14.  By becoming a member or user of this site, you represent and warrant that you have read this Agreement and accept all of its terms.