MEMBER TERMS OF USE
Welcome to the TakeoutLA.com. Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these terms and conditions (these "Terms" or this “Agreement”). If you do not agree with these Terms, you may not use the Website.
GENERAL USE PROVISIONS
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, and services ("Materials"), are provided either by TakeoutLA.com, by its Partners, Members, Sponsors, or respective third party advertisers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of TakeoutLA.com (or is permitted/licensed to be used by TakeoutLA.com.com) and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, printed, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of TakeoutLA.com, its Partners or the Third Party Provider. In addition, you may not "mirror" any Materials contained on the Website on any other server without TakeoutLA.com's prior express written permission.
Except where expressly provided otherwise by TakeoutLA.com, nothing on the Website shall be construed to confer any license under any of TakeoutLA.com's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" section below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by TakeoutLA.com. TakeoutLA.com does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by TakeoutLA.com.
TakeoutLA.com hereby grants you permission solely to share your comments, listed menus, and our logo with other Members provided that: (1) the use of such data and images accompanied by TakeoutLA.com’ Materials is solely for use in accordance with these Terms, and (2) the Materials (including but not limited to any output from TakeoutLA.com and the Third Party Providers) are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you shall immediately destroy any downloaded or printed Materials and all copies thereof.
Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws.
MEMBERSHIPS
Upon registration on the Website, you are considered a Member of TakeoutLA.com, entitled to all the rights and privileges of all TakeoutLA.com Members, including but not limited to full use of the Website, use of your Membership Card/Number to secure pre-negotiated discounts from participating partners, and receipt of TakeoutLA.com's newsletters and other communications. You hereby agree to use your membership card/number only as permitted and not to allow any person other than yourself to use your membership number. Unauthorized use of another's membership number is grounds for immediate termination of all rights granted under this agreement.
LINKS TO THIRD PARTY SITES
The Website may contain links or have references to websites controlled by parties other than TakeoutLA.com. TakeoutLA.com is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. TakeoutLA.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TakeoutLA.com of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
SUBMISSIONS
Except where expressly provided otherwise by TakeoutLA.com, all comments, feedback, information and data submitted to TakeoutLA.com through or in association with the Website ("Submissions") shall be considered non-confidential and TakeoutLA.com property. This does not include copyright ownership of images or published material which you may upload, but does include an express license to use said images in any method TakeoutLA.com sees fit and make compilations and derivative works thereof. TakeoutLA.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not TakeoutLA.com, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
All Submissions must be in accordance with the rights of privacy and publicity and all federal, state and international law. TakeoutLA.com reserves the right to cancel or suspend your account without limitation. TakeoutLA.com will not arbitrate disputes among Members and Partners. Those with disputes are encouraged to deal with the dispute directly with the Member or Partner with whom they have the dispute.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TAKEOUTLA.COM, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. TAKEOUTLA.COM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. TAKEOUTLA.COM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS, IMAGES OR DATA CONTAINED ON THE WEBSITE, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS.
LIMITATION OF LIABILITY
NEITHER TAKEOUTLA.COM, ITS PARTNERS, OR THIRD PARTY PROVIDERS SHALL BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET
FORTH
IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
LICENSES FROM TAKEOUTLA.COM
Subject to these Terms, if you decide to use the TakeoutLA.com service, you will become a Member of TakeoutLA.com. TakeoutLA.com grants You the nontransferable, nonexclusive worldwide right to use the service (“Service”) and any materials provided or disclosed to you by TakeoutLA.com or its Third Party Providers in any manner enabled by the Website. The rights granted to You in this Agreement are subject to all of the following agreements and restrictions: (i) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Service or the Materials available to any third party except with the express, written consent of TakeoutLA.com; (ii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service or Materials or access the Service or Materials in order to build a similar or competitive product or service or in any way modify the output of the Website, including but not limited to removing or editing any reference to TakeoutLA.com; (iii) except as expressly stated herein, no part of the Service or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and (iv) You acknowledge and agree that TakeoutLA.com and/or its Third Party Providers shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Service and the Materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service or the Materials.
LICENSES FROM CUSTOMER
You grant to TakeoutLA.com and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information or other materials, provided to TakeoutLA.com by you in the course of using the Service to the extent necessary to provide the Service and Materials to You. Notwithstanding the foregoing, TakeoutLA.com's obligations regarding identification and other information concerning You shall be governed by the terms of the Privacy Policy available at http://www.TakeoutLA.com.com/privacy.html. The Terms of the Privacy Policy are herein expressly incorporated as though set forth in full.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Agreement. TakeoutLA.com warrants that (a) it will provide the Service and all Services in a manner consistent with generally accepted industry standards, and (b) the Service will perform substantially in accordance with its online documentation under normal use.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, TAKEOUTLA.COM, ITS PARTNERS AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICE, THE MATERIALS, AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICE. TAKEOUTLA.COM, ITS PARTNERS AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, THE MATERIALS, OR THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICE, THE MATERIALS, OR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAKEOUTLA.COM AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE SERVICE, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER TAKEOUTLA.COM NOR ITS PARTNERS OR THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE AND MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TAKEOUTLA.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TAKEOUTLA.COM, THE SERVICE, THE SERVICES, AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. TAKEOUTLA.COM EXPRESSLY DISCLAIMES ANY WARRANTY RELATED TO THE QUALITY OF SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. USERS USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT THEIR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
CUSTOMER RESPONSIBILITIES
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which TakeoutLA.com controls and operates the Service. You will ensure that any use of the Service by Your Users is in accordance with the terms of this Agreement. Furthermore, You expressly agree not to violate any rights of publicity or privacy of any person.
NOTICES
TakeoutLA.com may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in TakeoutLA.com's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in TakeoutLA.com's account information. You may give notice to TakeoutLA.com at any time by letter sent by confirmed facsimile to TakeoutLA.com, fax number (323) 822-9382 or by letter delivered by registered mail with return receipt to TakeoutLA.com at the address set forth above. All notices shall be deemed to have been given two days after mailing or 12 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, TakeoutLA.com complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to TakeoutLA.com’ designated agent via email at legal@takeoutla.com or via registered US mail sent return receipt to TakeoutLA.com, Attn.: Managing Member, 1341 N. Crescent Hts. Blvd., Suite 202, West Hollywood, CA 90046.
GENERAL PROVISIONS
Any action related to this Agreement will be governed by
California
law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in
Los Angeles, California
and to arbitration as stated herein. At the request of TakeoutLA.com, any controversy or claim related to this Agreement ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). Any such arbitration shall be conducted under the rules and procedures of the American Arbitration Association. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional communications. TakeoutLA.com has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by TakeoutLA.com.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by TakeoutLA.com.
TakeoutLA.com, TakeoutLA.com, the TakeoutLA.com logo and/or other TakeoutLA.com identifiers referenced herein are trademarks of Takeout Marketing, LLC, and may be registered in certain jurisdictions. Other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.
Copyright © 2007 Takeout Marketing LLC. All rights reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact TakeoutLA.com by facsimile at (323) 822-9382.