1. Grant of License.
This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. [Kochiguide.com may permit you to use certain applications for limited purposes such as using the embeddable media player to show videos on your blog or web site for noncommercial purposes. You may not modify, build upon, or block any portion of the embeddable media player in any way]. As a further condition of use of this Site, all Users warrant to Kochiguide.com that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms and Conditions.
2. User accounts
3. User submissions
We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively "User Submissions").User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time. A review is your description of the experience you had with friends, family or on your own at a restaurant, event, bar, venue, attraction or exhibition. We encourage reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t. By submitting a User Submission review to the Website you agree that the review is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write your review. a) You agree that you understand that Kochiguide.com has a zero-tolerance policy on fake reviews. By submitting User Submissions to the Website you hereby grant: (a) to Kochiguide.com a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.; and (b) to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Website. By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licenses relating to the User Submissions set out in this Agreement and the User Submissions you submit: (i) do not infringe any third party's intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and (ii) do not violate any law, statute, ordinance or regulation; and (iii) are not defamatory, libellous, unlawfully threatening or unlawfully harassing; and (iv) are not obscene or pornographic; and (v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising (vi) do not include e-mail addresses, urls or phone numbers or any other Personal Identifiable Information (vii) are not a report of someone else's experience Millions of Kochiguide.com users like you rely on both our reviews and other users reviews when looking for inspiration and how to get the best out of the city. Helpful reviews should be: a) User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that is not appropriate for other users b) Those that detail first-hand experiences. c) Unique and Independent – You should write one review on any given event, restaurant, or attraction. d) Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc. e) Non-commercial - No promotional material of any kind, including self-promotional URLs. We reserve the right to reject any URL, e-mail address, or phone number for any reason. f) Submitted by persons over the age of 13 g) Submitted with a valid e-mail address h) Submitted with no HTML tags and no excessive ALL CAPS, slang, or typographic symbols. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights. Kochiguide.com allows the management or representatives of events, venues, restaurants or attractions to respond to reviews written by users on the Kochiguide.com site and these should be identified by your user account. Kochiguide.com reserves the right to remove a review or management response at any time for any reason. If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us. You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We encourage you to share your opinion about a feature we’ve written or a review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive - be that agreeing or disagreeing.
4. Notices, Communications, and Electronic Signatures.
You agree to accept all communications from Kochiguide.com regarding use of the Site at the addresses you provide to Kochiguide.com. Kochiguide.com is entitled to rely on the e-mail address and mailing address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address or mailing address not communicated to Kochiguide.com. You agree to be bound by any affirmance, assent or agreement you transmit through the Site. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions will be legally binding and enforceable and the legal equivalent of your handwritten signature.
5. Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law to the fullest extent possible including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided for in this Agreement, nothing contained on this Site shall be construed as granting a license or other rights to you in any intellectual property of Kochiguide.com or any third party. The software and other technology components of this Site, and the contents, selection, coordination, arrangement, and enhancement of the Site are Copyright © 2017, Copyright, trademark, and other proprietary rights in the Site, or portions thereof, may be held by third parties. Such third-party intellectual property rights may not be used without the prior written permission of their respective owners. Removing or altering the copyright notice and any other proprietary notice on any material on this Site is strictly prohibited.
7. Compliance with Applicable Laws.
User’s access to this Site is governed by all applicable federal, state and local laws.
8. Code of Conduct.
You may not, nor may you allow others to, directly or indirectly, do any of the following:(a) Attempt to or actually disrupt, impair or interfere with the operation of, alter or modify the Site or any content. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so. (b) Collect or attempt to collect any information about others, including, but not limited to passwords, account or other information. (c) Restrict or inhibit any other authorized user from using and enjoying the Site. This includes, without limitation (i) using, or attempting to use, any account without the user’s permission, or (ii) obtaining or soliciting another user’s password or other personal information under false pretences. (d) Post, store, or transmit any knowingly inaccurate or misleading personal information. (e) Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Kochiguide.com) information or material. (f) Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. (g) Post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component. (h) Except as expressly permitted herein or on the Site, modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site. (i) Post, store, or transmit materials in violation of a third party’s copyright or other intellectual property contractual or proprietary rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party’s rights. (j) Use the Site for any unlawful purpose.
9. Assumption of Risk.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Kochiguide.com has endeavoured to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Kochiguide.com and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
10. Law Enforcement.
Kochiguide.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Kochiguide.com will also comply with all court orders involving requests for such information.
11. Links to Other Sites.
Kochiguide.com may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Kochiguide.com cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. Kochiguide.com does not endorse any of the products or services offered in any third-party web sites. Further, Kochiguide.com has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
12. Events Beyond Kochiguide.com’s Control.
Users expressly absolve and release Kochiguide.com from any claim of harm resulting from a cause beyond Kochiguide.com’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
WHILE KOCHIGUIDE.COM ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, KOCHIGUIDE.COM MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. KOCHIGUIDE.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
14. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, KOCHIGUIDE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KOCHIGUIDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KOCHIGUIDE.COM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $25.
You agree to defend, indemnify, and hold harmless Kochiguide.com and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of and access to the Site; (ii) any breach by you of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; and (iv) any claim that your content caused damage to a thirty-party. This defense and indemnification obligation will survive these Terms and your use of the Website. You shall not in any event settle any matter without the prior written consent of Kochiguide.com to be withheld at Kochiguide.com’s sole discretion.
16. Site Access and Termination.
This Site is controlled and operated by Kochiguide.com from its offices within the United States. Kochiguide.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws. Kochiguide.com reserves the right at any time and for any reason to deny you access to the Site and to terminate this Agreement.
Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Content”) received through this Site will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for Kochiguide.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or otherwise act on such Content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, and User hereby waives any claim to the contrary.
18. Copyright Act.
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Kochiguide.com reserves the right to remove any material on the Site which allegedly infringes a third party’s copyright. Notices to Kochiguide.com regarding any alleged copyright infringement on the Site should be directed to: [email@example.com.]
19. Governing Law.
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of New York without respect to its conflict of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts presiding in New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kochiguide.com, either specific or general, in jurisdictions other than Los Angeles.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Kochiguide.com of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between a User and Kochiguide.com as a result of this Agreement or User’s use of this Site.
23. Entire Agreement.