Eatingwithsoula Terms and Conditions of Use
Terms By accessing Eatingwithsoula website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this application.
The materials contained in this application are protected by applicable copyright and trade mark law.
2. Use License
(a) Permission is granted to temporarily download one copy of the materials (information or software) on Eatingwithsoula 's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
(i) modify or copy the materials;
(ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(iii) attempt to decompile or reverse engineer any software contained on Eatingwithsoula's web site and smartphone application;
(iv) remove any copyright or other proprietary notations from the materials; or
(v) transfer the materials to another person or "mirror" the materials on any other server.
(b) This license shall automatically terminate if you violate any of these restrictions and may be terminated by Eatingwithsoula at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
(a) The materials on Eatingwithsoula's web site and application are provided "as is". Eatingwithsoula makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Eatingwithsoula does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Eatingwithsoula or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Eatingwithsoula's Internet site and smartphone application, even if Eatingwithsoula or a Eatingwithsoula authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Eatingwithsoula 's web site and smartphone application could include technical, typographical, or photographic errors. Eatingwithsoula does not warrant that any of the materials on its web site are accurate, complete, or current. Eatingwithsoula may make changes to the materials contained on its web site and smartphone application at any time without notice. Eatingwithsoula does not, however, make any commitment to update the materials.
Eatingwithsoula has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Eatingwithsoula of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Eatingwithsoula 's web site and smartphone application shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
9 Users Actions
(a) AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT
10. The Eatingwithsoula Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Eatingwithsoula to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Eatingwithsoula Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Eatingwithsoula Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
Eatingwithsoula assumes no responsibility whatsoever in connection with or arising from User Submissions. Eatingwithsoula assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Eatingwithsoula chooses, in its sole discretion, to monitor User Submissions, Eatingwithsoula nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Eatingwithsoula does not endorse and has no control over the content of User Submissions submitted by other Users. Eatingwithsoula makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
11. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
use the Eatingwithsoula Services or any location information displayed within the Eatingwithsoula Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;
include offensive or pornographic materials in your Eatingwithsoula Services personal profile page;
use the Eatingwithsoula Services for any commercial or non-private use, it being understood that the Eatingwithsoula Services are for personal, non-commercial use only;
use the Eatingwithsoula Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Eatingwithsoula Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Eatingwithsoula Services accounts of other Users;
misrepresent the source, identity or content of information transmitted via the Eatingwithsoula Services;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Eatingwithsoula Services, features that prevent or restrict use or copying of any content accessible through the Eatingwithsoula Services, or features that enforce limitations on use of the Eatingwithsoula Services;
intentionally interfere with or damage operation of the Eatingwithsoula Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
use the Eatingwithsoula Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
use the Eatingwithsoula Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Eatingwithsoula Services could lead directly to death, personal injury, or severe physical or property damage.
attempt to gain unauthorized access to the Eatingwithsoula Services, or any part of it, other accounts, computer systems or networks connected to the Eatingwithsoula Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Eatingwithsoula Services or any activities conducted on the Eatingwithsoula Service;
use any robot, spider, scraper or other automated means to access the Eatingwithsoula Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Eatingwithsoula Services or modify the Eatingwithsoula Services in any manner or form, nor to use modified versions of the Eatingwithsoula Services, including (without limitation) for the purpose of obtaining unauthorized access to the Eatingwithsoula Services;
12 IMPORTANT DISCLAIMERS
Eatingwithsoula IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE – OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
YOU ACKNOWLEDGE AND AGREE THAT Eatingwithsoula HAS OFFERED THE Eatingwithsoula SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Eatingwithsoula, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Eatingwithsoula. Eatingwithsoula WOULD NOT BE ABLE TO PROVIDE THE Eatingwithsoula SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
13 Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Eatingwithsoula.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation