Terms of Service
This page was last
Updated on June 26, 2010
Access to this
site, www.BestGermanRestaurant.com (the “Site”
or the "website"), is
granted by ROI Marketing Systems d/b/a GermanDeli.com (“ROI Marketing
Services, Inc.”), subject to the following terms and conditions.
The terms and conditions below (the "Terms of Service")
govern your access to and use of ROI Marketing Services, Inc.'s websites, mobile
applications, products, and services (collectively, the "Site"),
excluding any services provided to you by ROI Marketing Services, Inc. under
a separate written agreement. The Terms of Service constitute a legal
agreement between you and ROI Marketing Services, Inc. You agree to the Terms
of Service by accessing or using the Site. Do not access or use the Site if
you are unwilling or unable to be bound by the Terms of Service.
1.
Definitions.
1. A "user"
is someone who accesses, browses, crawls, scrapes, or in any way uses the
Site. The terms "you" and "your" refer to
you, as a user of the Site. The terms "we", "us",
"our", and "ROI Marketing Services, Inc."
refer to ROI Marketing Services, Inc., a Texas corporation.
2. "Content" means text, images,
photos, audio, video, and all other forms of data or communication. "Your
Content" means Content that you submit or transmit to or through the
Site, such as ratings, reviews, compliments, invitations, and information
that you display as part of your account profile. "User Content"
means Content that users submit or transmit to or through the Site. "ROI
Marketing Services, Inc. Content" means Content that we create and
make available on the Site. "Third Party Content" means
Content that is made available on the Site by parties other than ROI
Marketing Services, Inc. or its users, such as data providers who license
data to ROI Marketing Services, Inc. for use on the Site. "Site
Content" means all of the Content that is made available on the
Site, including Your Content, User Content, Third Party Content, and ROI
Marketing Services, Inc. Content.
2.
Eligibility.
You represent and warrant that you (a) have not
previously been suspended by ROI Marketing Services, Inc. or removed from the
Site; (b) are not a direct competitor of ROI Marketing Services, Inc.; (c) do
not have more than one ROI Marketing Services, Inc. account on www.BestGermanRestaurant.com at
any given time; and (d) that you have full power and authority to enter into
these Terms of Service and in doing so will not violate any other agreement
to which you are a party.
3.
Changes to the Terms of Service.
We may modify the Terms of Service from time to
time. When changes are made, we will notify you by making the revised version
available on this webpage and will indicate at the top of this page the date
that revisions were last made. You should revisit these Terms of Service on a
regular basis as revised versions will be binding on you. Any such modification
will be effective upon our posting of new Terms of Service. You understand
and agree that your continued access to or use of the Site after any posted
modification to the Terms of Service indicates your acceptance of the
modification.
4.
User Accounts.
You need to create an account and provide
information about yourself in order to use some of the features on the Site.
You are responsible for maintaining the confidentiality of your account
password. You are also responsible for all activities that occur in
connection with your account. You agree to notify us immediately of any
unauthorized use of your account. We reserve the right to close your account
at any time for any or no reason.
When you establish an account it is for your personal, non-commercial use only. In creating an Account,
we ask that you provide accurate information about yourself to bolster your
credibility as a contributor to the Site. You may not impersonate someone
else (e.g., adopt the identity of another person or entity), create an
account for anyone other than yourself, provide an email address other than
your own, or create multiple Personal Accounts.
5.
Use of the Site.
We grant you permission to use the Site subject
to the restrictions in these Terms of Service. In accessing or using the
Site, you may from time to time be exposed to Content that you deem offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate. ROI
Marketing Services, Inc. does not endorse such Content, and cannot vouch for
its accuracy. You therefore access and use the Site at your own risk.
6.
Restrictions on Use.
You agree that you will not use the Site if you are a
minor, and that you will not assist or enable others to:
1. use the Site to slander, threaten,
stalk, defraud, incite, harass, or advocate the harassment of another person
or business, or otherwise interfere with another user's use of the Site;
2. use the Site to submit or
transmit spam, chain letters, contests, junk email, pyramid schemes, surveys,
or other mass messaging, whether commercial in nature or not;
3. use the Site for
promotional or commercial purposes, except as expressly allowed in writing by
ROI Marketing Services, Inc.;
4. use the Site in a manner
that may create a conflict of interest, such as trading reviews with other
Restaurant owners or writing or soliciting shill reviews;
5. use the Site for keyword
spamming or to otherwise attempt to manipulate organic or natural search
results;
6. use the Site to promote
bigotry or discrimination against protected classes;
7. use the Site to violate any
third-party right, including any breach of confidence, copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right;
8. use the Site to submit or
transmit pornography or illegal content;
9. use the Site to solicit
personal information from minors or to harm or threaten to cause harm to
minors;
10. use the Site in violation
of the Terms of Service or any applicable law;
11. modify, adapt, appropriate,
reproduce, distribute, translate, create derivative works or adaptations of,
publicly display, sell, trade, or in any way exploit the Site or Site Content
(other than Your Content), except as expressly authorized by ROI Marketing
Services, Inc.;
12. reverse engineer any
portion of the Site;
13. remove or modify any
copyright, trademark or other proprietary rights notice on the Site or on any
materials printed or copied off of the Site
14. record, process, or mine
information about other users;
15. use any robot, spider, site
search/retrieval application, or other automated device, process or means to access,
retrieve, scrape, or index the Site or any Site Content;
16. access, retrieve or index
the Site to for purposes of constructing or populating a searchable database
of business reviews;
17. reformat or frame any
portion of the Site;
18. take any action that imposes,
or may impose in our sole discretion, an unreasonable or disproportionately
large load on ROI Marketing Services, Inc.'s technology infrastructure;
19. attempt to gain
unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;
use the Site or any Site Content to transmit any computer viruses, worms,
defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
use any device, software or routine that interferes with the proper working
of the Site, or otherwise attempt to interfere with the proper working of the
Site; make excessive traffic demands; use the Site to violate the security of
any computer network, crack passwords or security encryption codes; disrupt
or interfere with the security of, or otherwise cause harm to, the Site or
Site Content; remove, circumvent, disable, damage or otherwise interfere with
any security-related features of the Site, features that prevent or restrict
the use or copying of Site Content, or features that enforce limitations on
the use of the Site.
The restrictions above only apply to the extent
permissible under applicable law. Nevertheless, you agree not to act contrary
to them (even if permissible under applicable law) without providing a
minimum 30 days' prior written notice to us at support@GermanDeli.com, together
with any information that we may reasonably require to give us an opportunity
to accommodate you at our sole discretion.
7.
Permission to Use Your Content.
We may use Your Content in a
number of different ways, including displaying it on the Site, reformatting
it, incorporating it into advertisements and other works, creating derivative
works from it, promoting it, distributing it, and allowing others to do the
same in connection with their own websites and media platforms ("Other
Media"). As such, you hereby irrevocably grant us permission to use
Your Content for any purpose. You also irrevocably grant the Site's users and
the users of any Other Media the right to access Your Content in connection
with their use of the Site and any Other Media. Finally, you irrevocably
waive, and cause to be waived, any claims and assertions of moral rights or
attribution with respect to Your Content.
8.
Responsibility for Your Content.
You alone are responsible for Your Content. You
assume all risks associated with Your Content, including anyone's reliance on
its accuracy, completeness or usefulness, 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 ROI Marketing
Services, Inc., or by participating restaurants, sponsors, and/or advertisers
on the Site.
You may expose yourself to liability if, for
example, Your Content 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 false, intentionally misleading, or defamatory;
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.
9.
Use of Content.
We may remove or reinstate User Content from time
to time at our sole discretion. For example, we may remove a review if we
believe it violates our content guidelines. We have no obligation to retain or provide you with
copies of Your Content, nor do we imply or guarantee any confidentiality with
respect to Your Content. ROI Marketing
Services, Inc. and its licensees may display advertisements and other
information adjacent to or included with Your Content on the Site and Other
Media. You are not entitled to any compensation for such advertisements. The
manner, mode and extent of such advertising are subject to change without
specific notice to you.
10.
Copyright and Trademark Dispute Policy.
Contact us immediately in the event of any perceived
Copyright and/or Trademark infringement.
11.
Privacy.
For information about how we handle your personal
information, please read our Privacy Policy at:
http://bestgermanrestaurant.com/reviews/Scripts/privacy.php
12.
Site Availability.
We reserve the right to modify, update, or
discontinue the Site at our sole discretion, at any time, for any or no
reason, and without notice or liability.
13.
Unauthorized Access.
We reserve the right to exercise whatever lawful
means we deem necessary to prevent unauthorized access to or use of the Site,
including, but not limited to, technological barriers, IP mapping, and
contacting your Internet Service Provider (ISP) regarding such unauthorized
use.
14.
Termination.
1. We may terminate or suspend
your account or ability to use the Site, in whole or in part, at our sole
discretion, for any or no reason, and without notice or liability of any
kind.
2. You may terminate the Terms
of Service at any time by closing your account, discontinuing your use of any
and all parts of the Site.
15.
Ownership.
We own the ROI Marketing Services, Inc. Content,
including but not limited to visual interfaces, interactive features,
graphics, design, compilation, computer code, products, software, aggregate
user review ratings, and all other elements and components of the Site
excluding User Content and Third Party Content. We also own the copyrights,
trademarks, service marks, trade names, and other intellectual and
proprietary rights throughout the world (the "IP Rights")
associated with the ROI Marketing Services, Inc. Content and the Site, which
are protected by copyright, trade dress, patent, trademark laws and all other
applicable intellectual and proprietary rights and laws. As such, you may not
modify, reproduce, distribute, create derivative works or adaptations of,
publicly display or in any way exploit any of the ROI Marketing Services,
Inc. Content in whole or in part except as expressly authorized by us. Except
as expressly and unambiguously provided herein, we do not grant you any
express or implied rights, and all rights in and to the Site and the ROI
Marketing Services, Inc. Content are retained by us.
16.
Warranties, Disclaimers, and Limitations of Liability.
1. THE SITE AND ALL SITE
CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. ROI MARKETING
SERVICES, INC. MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY
KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY
OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY,
USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT
NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION
LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE
SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES
SOLD BY BUSINESSES LISTED ON THE SITE. ROI MARKETING SERVICES, INC. FURTHER
DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY,
DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM ROI MARKETING
SERVICES, INC. OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR
CONDITION NOT EXPRESSLY STATED HEREIN.
2. ROI MARKETING SERVICES,
INC. DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS,
(C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF ROI
MARKETING SERVICES, INC. OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR
DATA.
3. ROI MARKETING SERVICES,
INC. FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF
YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF
THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT
LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY
BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
4. ROI MARKETING SERVICES,
INC. ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR
COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS
ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES,
ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH ROI MARKETING
SERVICES, INC. RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
5. YOUR SOLE AND EXCLUSIVE RIGHT
AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE
SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE
SITE.
6. ROI MARKETING SERVICES,
INC.'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND
REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO
NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON),
WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY,
BY YOU TO ROI MARKETING SERVICES, INC. IN CONNECTION WITH THE SITE IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
17.
Indemnity.
You agree to indemnify and hold ROI Marketing
Services, Inc., its parents, subsidiaries, affiliates, any related companies,
suppliers, licensors and partners, and the officers, directors, employees,
agents and representatives of each of them harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party
due to or arising out of (i) your access to or use
of the Site, (ii) your violation of the Terms of Service, or (iii) the
infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. ROI Marketing
Services, Inc. reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us
and you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of ROI Marketing
Services, Inc. ROI Marketing Services, Inc. will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
18.
Third Parties.
The Site may include links to other websites
(each, a "Third Party Site"). We do not control or endorse
any Third Party Site, and you agree that we are not responsible for the
availability or contents of such Third Party Sites.
19.
Miscellaneous.
1. If
there is any dispute about or involving the Site or ROI Marketing Services,
Inc., you agree that any such dispute will be governed by the laws of the
State of Texas without regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the state and federal courts of Texas.
2. No agency, partnership,
joint venture, or employment is created as a result of the Terms of Service,
and you do not have any authority of any kind to bind us in any respect
whatsoever.
3. We may provide you with
notices, including those regarding changes to the Terms of Service by email,
regular mail or postings on the Site.
4. Except as otherwise stated
in Section 20 above, nothing herein is intended, nor will be deemed, to
confer rights or remedies upon any third party.
5. The Terms of Service
contain the entire agreement between you and us regarding the use of the
Site, and supersede any prior agreement between you and us on such subject
matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms of Service.
6. Any failure on our part to
exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. The failure of either party
to exercise in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder.
7. If any provision of the
Terms of Service is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that the
Terms of Service shall otherwise remain in full force and effect and
enforceable.
8. The Terms of Service are
not assignable, transferable or sub-licensable by you except with ROI
Marketing Services, Inc.'s prior written consent, but may be assigned or
transferred by us without restriction. Any assignment attempted to be made in
violation of the Terms of Service shall be void.
9. The section titles in the
Terms of Service are for convenience only and have no legal or contractual
effect.
20.
Contact and Violations.
Please contact us with any questions regarding
the Terms of Service. Please report any violations of the Terms of Service to
our legal department by emailing support@GermanDeli.com
or by phoning us at 817 - 410 – 9955 or by writing to ROI Marketing Services,
2890 Market Loop, Southlake, TX 76092
