THESE TERMS WERE LAST UPDATED ON JUNE 17, 2011.
TERMS AND CONDITIONS OF USE AGREEMENT
Our name is Mycitycuisine.org, (hereafter “Mycitycuisine”)
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web site, www.Mycitycuisine.org, as well as our mobile applications (hereafter “Services”), and provides details on the Services we offer to our Users (hereafter “You” or “Your”). It is vitally important that you read these Terms carefully, as your use of our Services will automatically constitute your agreement to be legally bound by the Terms set out herein.
The following words used in these Terms have the following meanings:
- 1. “Personally Identifiable Information” shall mean all data and/or information provided by and about you, including e-mail address(es), name, etc.;
- 2. "Mycitycuisine platform" shall mean the web site and mobile applications on which Mycitycuisine provides Services.
- 3. "Mycitycuisine User" shall mean all Users of the Mycitycuisine Services.
- 4. "Mycitycuisine Services" shall mean the web site, mobile applications and all Services provided directly by Mycitycuisine.
You can access these Terms by clicking on the “Terms” link that appears on Mycitycuisine.org “Homepage” and by reading it on your computer or electronic device, printing it out, downloading it and/or saving it at any time.
You hereby acknowledge and agree as follows:
Mycitycuisine reserves the right to make changes or modifications to Mycitycuisine Services and these Terms. Display of any notice of changes online at the Mycitycuisine.org web site shall constitute effective notice under these Terms, and your continued use shall constitute your acceptance of such changes or modifications.
I. Mycitycuisine.org Community
A. The Mycitycuisine.org Community (hereafter "the Community") helps you to obtain information, exchange ideas and connect online with other interested Users of Mycitycuisine Services. Mycitycuisine believes that the Community is a valuable place for you to exchange information about a broad range of culinary and food-related services and products, and to learn from one another. Mycitycuisine wants the Community to be a friendly, informative and safe place for all.
B. Mycitycuisine reserves the right to remove any contribution or post that we believe is inconsistent with the standards or the spirit of these Terms or the Wiki Community.
C. You must be at least thirteen (13) years of age to participate in and use Mycitycuisine Services. The Community is primarily an English-language online community, but will expand to other languages in the future.
II. Content is for Informational Purposes Only
A. The content created, contributed and shared by Mycitycuisine and its Users is for informational purposes ONLY. Such information is not meant to be a basis for product/service advice or recommendations. You are ultimately responsible for conducting your own analysis on particular products/services and making your own decisions. Under no circumstances can any member of this Community or Mycitycuisine be held responsible for a product/service decision made, based on information provided here.
B. The results or experiences described in comments, testimonials or contributions may not be indicative of the experiences you may have, depending upon personal tastes and other subjective criteria.
III. Intellectual Property Rights
A. Mycitycuisine Services are the valuable, exclusive property of Mycitycuisine.org, and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You are granted a license to use the Mycitycuisine Services, as long as you comply with these Terms. Ownership of the Mycitycuisine Services shall remain, at all times, with Mycitycuisine.org.
B. You always retain the rights associated with your postings and contributions (your content). You are free to use your content in any manner you choose and will not be restricted by the terms of this agreement for the content you create. By posting on Mycitycuisine platform, you agree to allow other Users to edit and modify your postings.
C. By posting on Mycitycuisine platform, you are giving Mycitycuisine a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, communicate, re-publish, display, delete (in whole or in part), edit, adapt, create derative works, or otherwise use such postings as we see fit, including the right to sub-license or transfer it to others, in our sole discretion.
D. If you believe that a posting or contribution violates these Terms or is infringing on anyone's legal rights, please notify Mycitycuisine immediately at Helpdesk@Mycitycuisine.org. Mycitycuisine will investigate your allegations and take appropriate action, if it becomes necessary and appropriate. Such action may include removing the posting or contribution and/or banning the relevant User.
IV License Grant
Mycitycuisine grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use Mycitycuisine Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.
The text on Mycitycuisine platform is available for re-publishing under the Creative Commons License. You may copy, modify, create derivative works, and re-distribute the text on the Mycitycuisine platform for non-commercial use as long as you meet the following attribution requirements:
A. In online publication, including publishing the Mycitycuisine text on other websites or in mobile device applications, place a permanent hyper link back to the Mycitycuisine website (eg: http://www.mycitycuisine.org/wiki/Main_Page). The anchor text of the hyperlink must state "Text Provided by MyCityCuisine.org" and the font size of the anchor text should be point 8 or larger. The anchor text must appear on the same page for each occurrence where the Mycitycuisine text is used.
B. In offline publication, place this statement in a prominent location: "Text Provided by MyCityCuisine.org, a traveler's guide to local cuisine".
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect unless terminated or canceled for any of the following reasons:
- 1. Immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter, any of the software contained in or accessed through, the Mycitycuisine Services;
- 2. Immediately, by Mycitycuisine, if you transmit or receive, using the Mycitycuisine platform (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company or business entity;
- 3. Immediately, upon discontinuance of the Mycitycuisine Services; or
- 4. Immediately, if you violate any of the other Terms of this agreement.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL MYCITYCUISINE BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OR MIS-USE OF MYCITYCUISINE SERVICES.
You acknowledge that Mycitycuisine reserves the right to, and that Mycitycuisine may, from time to time, choose to monitor, any and all information transmitted or received through Mycitycuisine Services. Mycitycuisine, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information that Mycitycuisine deems inappropriate (such as that specified in subparagraph (A)(2) of the Termination paragraph VI, above,) or that Mycitycuisine determines violates any term or condition of this agreement.
VIII. Links to 3rd-Party Web Sites
Mycitycuisine and you may post links on Mycitycuisine platform to other web sites that are not under the control of Mycitycuisine. Mycitycuisine is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to the information contained in such web sites. Any such link posted here does not imply Mycitycuisine endorses the web site, the organization operating such web site, nor any products or services of that organization. Your use of any links to any 3rd party web site pages or other web sites is entirely at your own risk.
IX. Communicating with Mycitycuisine
If you wish to express concerns about Mycitycuisine, its contributors or Services, you can provide constructive feedback to helpdesk@Mycitycuisine.org. Feedback regarding technical questions about the Mycitycuisine platform or its use, can also be submitted to that address. Contributions or comments to the Mycitycuisine platform do not constitute notice to Mycitycuisine for any purpose. No one is authorized to provide official responses to questions on behalf of Mycitycuisine, except Mycitycuisine.
X. Uses Not Permitted
A. Use of Mycitycuisine Services, as defined and explained below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
- 1. Illegal/Criminal Activity – Mycitycuisine Services may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of personal information; and threats of physical harm or harassment.
- 2. Security Violations – Mycitycuisine Services may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
- 3. Threats – Mycitycuisine Services may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel and defamation.
- 4. Offensive Materials – Mycitycuisine Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, you agree to adhere to the following requirements:
- a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, you shall not:
- i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or Mycitycuisine personnel or others;
- ii. Unreasonably annoy (particularly with SPAM) any other User;
- iii. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
- iv. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
- v. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
- 1. Sending chain letters;
- 2. Sending identical messages to more than one (1) User at the same time;
- 3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
- 4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
- b. You will not provide, post, contribute or otherwise distribute content that:
- i. Contains abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
- ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
- iii. Violates any right of Mycitycuisine, or any 3rd-party;
- iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
- v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
- vi. Interferes with any User’s uninterrupted use of Mycitycuisine Services;
- vii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
- viii. Disrupts, interferes with, or otherwise harms or violates the security of the Mycitycuisine platform, or any Services, system resources, servers or networks connected to, or accessible through, the Mycitycuisine platform.
- ix. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY MYCITYCUISINE.
- c. You are further prohibited from the following activities:
- i. Employing any mechanisms, software or scripts when using Mycitycuisine Services. However, you may use the interfaces or software provided by Mycitycuisine within the scope of the Services and in accordance with these Terms;
- ii. Performing any actions that may impair the operability of Mycitycuisine’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
B. When feasible, it is Mycitycuisine’s preference to give notice so that violations may be addressed voluntarily. However, Mycitycuisine reserves the right to act without notice, when necessary, as determined by us, and in our sole discretion. Mycitycuisine may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
C. You may not use the Mycitycuisine to collect personal information of other Users or to solicit others for business.
A. To make a formal complaint of copyright or other matter, send a signed, written letter of complaint to:
Mycitycuisine.org Community Complaints Mycitycuisine.org 2780 South Jones BLVD, #3365 Las Vegas, NV 89146
B. The letter of complaint must:
- 1. identify the posting in issue and include a copy of the posting and the location of the posting and describe with reasonable detail the offending behavior;
- 2. identify the intellectual property right or other law, rule or regulation that is being infringed or violated; and
- 3. provide information sufficient to permit Mycitycuisine to contact you (e.g., email address, postal address and/or fax number).
C. To the extent your complaint involves intellectual property rights, please note that Mycitycuisine honors the intellectual property rights of others and asks the same of our Users. Mycitycuisine may, in its sole discretion, terminate access of Users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to Mycitycuisine's Designated Agent. If you believe that your work has been infringed, please provide Mycitycuisine's Designated Agent with the following information:
- 1. A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works at a single online web site are covered by a single notification, a representative list of such works at that web site;
- 3. Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mycitycuisine to identify the material;
- 4. A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
- 5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Mycitycuisine's Designated Agent may be contacted at the address in paragraph XI (A), above.
XII. Your Personally Identifiable Information
A. By using Mycitycuisine Services or e-mailing us, you will be supplying us with "personally identifiable information." Mycitycuisine collects this to administer and help you better utilize our Services, to contact you about postings or contributions, and generally, keep in touch with you.
C. Mycitycuisine may release information concerning your use of our Services or disclose your personally identifiable information when Mycitycuisine believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), or to enforce these Terms, to protect Mycitycuisine rights or property or to protect other Users of the Community from fraudulent, abusive, or unlawful actions. Further, if Mycitycuisine believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records, we will release such information.
Mycitycuisine may pre-screen, verify or edit the contributed content posted by you to the platform. Mycitycuisine reserves the right to investigate any violation of the Terms of this agreement and to take remedial action, as it deems appropriate. Mycitycuisine has the sole discretion to enforce these Terms, including, but not limited to, warning you of violations, disabling or suspending privileges and accessing, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If Mycitycuisine decides it is necessary to remove any content, Mycitycuisine may remove the post or contribution, in whole or in part, and any accompanying material, without notice to you.
XIV. Delays in Services; Force Majeure
Any delays in, or failure of, performance by Mycitycuisine.org shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects or occurrences beyond Mycitycuisine's control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Mycitycuisine shall have no responsibility to provide you with access to Mycitycuisine Services while interruptions occur, due to any such or similar causes.
XV. Warranty Disclaimer
A. You acknowledge that the information provided through Mycitycuisine Services is compiled from sources that may be beyond the direct or indirect control of Mycitycuisine. Though such information is recognized by the parties to be generally reliable, you acknowledge that inaccuracies may occur and Mycitycuisine does not warrant the accuracy or suitability of the information for any particular purpose. Mycitycuisine shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon.
B. YOU ACKNOWLEDGE THAT MYCITYCUISINE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" BASIS. MYCITYCUISINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, MYCITYCUISINE DOES NOT REPRESENT OR WARRANT:
- 1. THAT MYCITYCUISINE SERVICES WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
- 2. THAT THE ACCESS OR USE OF MYCITYCUISINE SERVICES WILL BE ERROR-FREE; OR
- 3. THAT THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH MYCITYCUISINE SERVICES OR THE RESULTS OF ANY SUCH PROCESSING WILL BE ERROR-FREE.
C. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVI. Limitation of Liability; Disclaimer of Consequential Damages
MYCITYCUISINE SHALL NOT BE LIABLE TO YOU OR ANY 3rd-PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, MYCITYCUISINE SERVICES OR CONTENT. YOU ALSO AGREE THAT MYCITYCUISINE SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MYCITYCUISINE SERVICES FOR ANY PURPOSE WHATSOEVER, EVEN IF MYCITYCUISINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF MYCITYCUISINE BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF MYCITYCUISINE OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. YOU ACKNOWLEDGE AND UNDERSTAND THAT MYCITYCUISINE WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH MYCITYCUISINE SERVICES. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD MYCITYCUISINE HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYCITYCUISINE FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN YOU, ARISING FROM OR RELATED TO YOUR ACCESS TO, AND USE OF, MYCITYCUISINE SERVICES, INCLUDING THE INFORMATION OBTAINED THROUGH MYCITYCUISINE SERVICES.
XVIII. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to Mycitycuisine Services, these Terms shall govern, whether such documents are prior or subsequent to these Terms.
XIX. Attorney's Fees
If Mycitycuisine takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, Mycitycuisine shall be entitled to recover from User and User agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XX. Governing Law; Limitations; Venue
These Terms and the agreement it creates, shall be governed by the laws of the State of Nevada of the United States, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, your access and use of Mycitycuisine Services contemplated by these Terms, must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate court in the Clark County of Nevada State, and you agree to submit to the exclusive personal jurisdiction of such court.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of these Terms.
XXII. Data Protection
A. Mycitycuisine recognizes that any data provided by you is extremely important and we shall be particularly sensitive in handling such data.
B. You are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by 3rd-parties. Nevertheless, Mycitycuisine shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
XXIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXIV. Contact Information
Please contact Mycitycuisine by sending an email to:
Helpdesk@Mycitycuisine.org. You may also send us mail through the US Postal Service, addressed to:
Mycitycuisine.org 2780 South Jones BLVD, #3365 Las Vegas, NV 89146
XXV. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.