5. End User’s Conduct.
5.01 This Site and any individual restaurant microsites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without www.find-a-restaurant's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in www.find-a-restaurant's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with www.find-a-restaurant.
5.02 The foregoing provisions of this Section 5 apply equally to and are for the benefit of www.find-a-restaurant (which belongs to CITY CONTACT LtD) as well as of CITY CONTACT LtD’s subsidiaries and its third party content providers and licensors. Each of them shall have the right to enforce such provisions directly
6. Copyright and Trademarks.
6.01 Copyright: Everything located on or in this Site, included but not limited to images, text, graphics, logos, software, photos, video, graphics, music, sound, button icons, belongs to the CITY CONTACT LtD’s property and is protected by Greek and Community copyright laws., Therefore, any copying, distributing, transmitting, posting, linking or otherwise modifying of this site or any of the microsites without the prior written consent of “www.find-a-restaurant.gr is strictly prohibited.
6.01.1 End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants www.find-a-restaurant the right to edit, copy, publish and distribute any material made available on this Site by End User.
6.02 Trademarks: The trademarks displayed on this Site and/or on e-mails sent to you, have been registered and belong to CITY CONTACT LtD’s property. Your use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.
6.03 The foregoing provisions of Section 6 apply equally to and are for the benefit of www.find-a-restaurant (which belongs to CITY CONTACT LtD) as well as of CITY CONTACT LtD’s affiliates and its third party content providers and licensors. Each of them shall have the right to enforce such provisions directly.
7. Disclaimer of Warranty; Limitation of Liability.
7.01 End user expressly agrees that use of the site and the micro sites is at end user’s sole risk. Neither www.find-a-restaurant, City Contact Ltd’s affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; Nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability of any information, service or merchandise provided through this site or the microsites.
7.02 This site and the micro sites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability of fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
7.03 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use or record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. End user specifically acknowledges that www.find-a-restaurant, is not liable for the defamatory, offensive or illegal conduct of other users of third-parties and the risk of injury from the foregoing rests entirely with end user.
7.04 In no event shall www.find-a-restaurant or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the micro sites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. End user hereby acknowledges that the provisions of this section shall apply to all content on this site and the microsites.
7.05 In addition to the terms set forth above, neither www.find-a-restaurant, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within this site or any of the microsites or for any delay or interruption in the transmission thereof to the end user or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
7.06 www.find-a-restaurant, is not responsible for any content that a user, subscriber, of an unauthorized user may post on this site or any of the microsites any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by www.find-a-restaurant, Moreover, www.find-a-restaurant reserves the right to edit, change, alter, delete and prohibit any and all content that it, www.find-a-restaurant, deems unsuitable.
7.07 www.find-a-restaurant shall not be liable for any food poisoning that results from a restaurant inserted into our website.
8. Monitoring.
The site “www.find-a-restaurant” shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by “www.find-a-restaurant”, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, www.find-a-restaurant shall have the right to remove any material that www.find-a-restaurant, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. www.find-a-restaurant does not control or endorse the content, messages or information found in any Community, and, therefore, www.find-a-restaurant specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to www.find-a-restaurant (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by www.find-a-restaurant as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants www.find-a-restaurant the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see www.find-a-restaurant's Privacy Policy.
10. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to www.find-a-restaurant a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights through multiple tiers of sub licensees.
11. Disclaimer of liability.
www.find-a-restaurant or any of its members or any of their employees does not accept any responsibility for loss of business or reputation based on comments made on www.find-a-restaurant via the Ratings and Review section. The ratings and reviews submitted are the personal opinions of the individuals posted on www.find-a-restaurant and are not to be considered otherwise the views of www.find-a-restaurant
12. Indemnity
You agree to indemnify www.find-a-restaurant from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of www.find-a-restaurant other than in accordance with these Terms and Conditions.
13. Termination.
www.find-a-restaurant has the right to terminate this Agreement at any time and has the right to immediately terminate any password or accounts of the user if this contract is breached.
14. Third Party Content.
14.01 www.find-a-restaurant is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, “www.find-a-restaurant” has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of www.find-a-restaurant. Neither www.find-a-restaurant nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user or other user not under contract with www.find-a-restaurant. www.find-a-restaurant neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.find-a-restaurant by anyone other than authorized www.find-a-restaurant employee spokespersons while acting in official capacities. Under no circumstances will www.find-a-restaurant be liable for any loss or damage caused by an end user's reliance on information obtained through www.find-a-restaurant. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through www.find-a-restaurant.
www.find-a-restaurant contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by www.find-a-restaurant of the contents on such third-party sites and www.find-a-restaurant hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with www.find-a-restaurant expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. www.find-a-restaurant reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
15.1 All these “Terms and conditions” and any other rules regulating the operation of “www.find-a-restaurant” constitute an internal part of the entire agreement of the parties with respect to the subject matter hereof.
15.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
15.3 www.find-a-restaurant's headquarters are in Athens, Greece. Legal issues arising out of, but not exclusive to the use of this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the Greek State (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Athens, Greece, under the rules of arbitration of the Greek laws.