Terms of Service
All contents Copyright 2020, Drew Digital, LLC. All rights reserved.
IMPORTANT – READ CAREFULLY BEFORE ACCESSING, READING OR OTHERWISE USING THIS WEB SITE.
1. General Rules of Use.
1.4 Except as expressly permitted under Sections 1.2 and 1.3 above, you may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer, sale or license of, create new works from, perform, or in any other way exploit, any portion of the Web site or Service, in whole or in part, without the express written consent of Drew Digital, LLC, the owner of Delicious Directory (hereinafter simply ‘Delicious Directory’). You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Web site, in any manner or in any quantities not authorized in writing by Delicious Directory. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Delicious Directory or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Delicious Directory’s name or trademarks without the express written consent of Delicious Directory.
Systematic retrieval of the Content or other data from this Web site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Delicious Directory is strictly prohibited.
The Web site and Service are intended for non-commercial use only, and any commercial use of the Web site or Service is expressly prohibited without the express written consent of Delicious Directory.
1.5 To request written consent to use the Web site or any component of the Service in a manner not expressly permitted under Sections 1.2 and 1.3 above, please write or fax Delicious Directory at:
Drew Digital, LLC
c/o Delicious Directory
3407 S Jefferson
St. Louis, MO 63118
Please include your phone number, contact information and a detailed description of your proposed usage.
2. Intellectual Property.
2.1 Except for the license granted herein, all right, title and interest in the Web site and Service (including, without limitation, all copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity rights and all other intellectual property rights therein) are and shall continue to be the exclusive property of Delicious Directory, its affiliates and/or licensors.
2.2 You shall abide by all intellectual property notices, information and/or restrictions contained in the Web site and Service.
2.3 If you download or copy from the Web site and/or Service (which, once again, is permitted only for personal, non-commercial use), you shall maintain all intellectual property and other notices contained therein.
3. Reader’s Reviews and Other Interactive Components of Service.
3.1 The reader’s review and other interactive components of the Service that allow you to make affirmative submissions are provided to you solely for personal, non-commercial purposes.
3.2 In making submissions to the reader’s review and other interactive components of the Service, you shall not use any language or material, or otherwise engage in any conduct, that is or might reasonably be perceived to be defamatory, obscene, pornographic, abusive, hateful, threatening, harassing, disrespectful, embarrassing, discriminatory (on the basis of race, religion, age, gender, sexual preference, disability, nationality, etc.), infringing (of any third party copyright, trademark, trade secret, publicity right, privacy right, proprietary right, etc.), fraudulent or otherwise illegal, offensive or disruptive.
3.3. In making submissions to the reader’s review and other interactive components of the Service, you further shall not (a) impersonate any person or entity, nor misstate your affiliation with a person or entity, (b) transmit any unsolicited or unauthorized advertising or promotional materials (including, without limitation, junk mail or spam), (c) transmit any material that contains computer viruses or any other invasive or destructive forces.
3.4 In making submissions to the reader’s review and other interactive components of the Service, you consent to the submissions (a) being displayed on the Web site, (b) being used by Delicious Directory for any promotional purposes deemed appropriate by Delicious Directory in its sole discretion, (c) being edited, moved and/or removed by Delicious Directory to the extent Delicious Directory determines, in its sole discretion, that they violate any of the provisions of Sections 3.2 and 3.3 above, and (d) in the case of a submission to the reader’s review for any particular restaurant or shop (“Vendor”), that such Vender may email a response to you directly regarding your submission and/or may post a response to your submission in the reader’s review.
3.5 Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protection is available at sites such as: netnanny.com. The preceding link is provided for your convenience and for information purposes only. Delicious Directory is not affiliated with Content Watch or netnanny.com and this is not intended as an endorsement of Content Watch’s internet site, services or policies.
4. Representations, Warranties, Limitations of Liability, Indemnification.
4.1 In making submissions to the reader’s review and other interactive components of the Service, you represent and warrant that (a) you are at least eighteen (18) years of age, (b) no language or material violates any of the provisions of Sections 3.2 and 3.3 above.
4.2 DELICIOUS DIRECTORY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND SERVICE. ACCORDINGLY, THE WEB SITE AND SERVICE ARE PROVIDED ‘AS IS,’ WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DELICIOUS DIRECTORY MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (I) THAT YOUR ACCESS TO THE WEB SITE AND SERVICE WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES OR ANY OTHER INVASIVE OR DESTRUCTIVE FORCES, (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND SERVICE, OR (III) THAT IF YOU HAVE MADE A SUBMISSION TO THE READER’S REVIEW CONCERNING A SPECIFIC VENDOR, THAT YOU WILL RECEIVE ANY PARTICULAR RESULTS, ANY RESPONSE OR ANY COMPENSATION OF ANY KIND FROM THE VENDOR. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE AND SERVICE IS AT YOUR SOLE RISK.
4.3 IN NO EVENT SHALL DELICIOUS DIRECTORY OR ANY PERSON OR ENTITY AFFILIATED WITH DELICIOUS DIRECTORY BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE, THE WEB SITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE WAIVERS AND DISCLAIMERS CONTAINED IN THIS AGREEMENT IS FOUND TO BE IMPERMISSIBLE, THEN THE LIABILITY OF DELICIOUS DIRECTORY IS LIMITED TO THE GREATEST PROTECTION PERMITTED UNDER THE APPLICABLE LAWS.
4.4 You hereby agree to indemnify, defend and hold harmless Delicious Directory and all of its members, managers, officers, directors, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively the ‘Indemnified Parties’) from and against all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, reasonable attorneys’ fees, court costs and other legal expenses, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you (and any user of your account and recipient to whom you have forwarded E-mails) of these Terms and Conditions or your above-described representations and warranties contained herein; (ii) any act or omission directly or indirectly related to your performance of this Agreement constituting negligence or reckless or willful misconduct; (iii) the claimed violation of any third party’s proprietary rights (including, without limitation, claims of violation of rights of publicity or privacy, trade secret, copyright, trademark or patent infringement, defamation or unfair competition) in connection with any use by Delicious Directory for any purpose whatsoever to accomplish the objectives of this Agreement and to make submissions to the reader’s review or use any other interactive components of the Service; or (iv) any other violation of this Agreement whatsoever. Your obligation to indemnify any Indemnified Party will survive the expiration or termination of this Agreement by either party for any reason. Delicious Directory reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs.
5. Subscribing and Unsubscribing.
5.1 As part of the registration process, you shall provide us with certain registration information. All such information shall be accurate and complete. You shall notify Delicious Directory promptly of any changes in such information. In addition, you hereby specifically represent and warrant that you are at least eighteen (18) years old.
6.1 The Web site and Service may contain links to other Internet sites and resources (‘Third Party Sites’). Delicious Directory is not responsible for the availability of these Third Party Sites or the contents thereof. The presence of links to these Third Party Sites does not imply Delicious Directory’s endorsement of or affiliation with the Third Party Sites. Your use of these Third Party Sites is at your sole risk, and you are solely responsible for compliance with the terms and obligations applicable to the Third Party Sites.
7.1 Delicious Directory may change, suspend or discontinue its Service at any time in its sole discretion.
8. Digital Millennium Copyright Act of 1998 (DMCA).
8.1 If Delicious Directory removes or disables any portion of the Web site or Service, and the DMCA requires Delicious Directory to notify you that it has been removed or disabled, then Delicious Directory will make every reasonable attempt to notify you of the removal or disablement.
8.2 You consent to the release of any information required to be disclosed by Delicious Directory pursuant to the DMCA, whether disclosure is required by subpoena or otherwise.
8.3 If you believe that any of your copyrighted work has been copied and is accessible on the Web site or pursuant to the Service in a manner that infringes on your copyright, then you should notify our copyright agent and provide the following details: (a) your name, address and electronic signature; (b) a description of the infringing materials and their internet location and/or the reference or link to the infringing materials; (c) sufficient information to identify the copyrighted works; (iv) your statement that you have a good faith belief that there is no legal basis for the use of the materials complained of; and (d) a statement of the accuracy of the notice and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
8.4 Our copyright agent for notices of copyright infringement on this Web site can be reached as follows: Andrew Thompson, 3407 S Jefferson Ave, St. Louis, MO 63118, tel (217) 417-4463, or email to firstname.lastname@example.org.