These Terms and Conditions of Purchase and Use ("Terms") are between Perry Street Productions, LLC and "you", the person using Perry Street Productions, LLC's materials, web sites and Member Services ("Our Services"). By using Our Services you accept the Terms.
We occasionally change these Terms. Please refer to this website for changes.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site or register as a member of SavoryCities.com. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site and our Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service.
Your membership is solely for personal use. You agree that you will not provide access to Our Services to non-members through your account, and that you are fully responsible for all activities under your password or account. Perry Street Productions, LLC will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to Our Services, with or without notice.
Access and Interface
By accessing this website for Our Services or for any other reason, you agree that you will not (i) use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or the content contained herein without our prior written consent, (ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, (iii) modify, adapt, translate or reverse engineer any portion of Our Services, (iv) automatically create user accounts by any means, (v) send unsolicited commercial email or "spam" using Our Services, or (vi) use the Site and/or Our Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that Perry Street Productions, LLC is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Perry Street Productions, LLC or may have with an Perry Street Productions, LLC representative (the "Ideas"), and Perry Street Productions, LLC shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Perry Street Productions, LLC for commercial purposes, including use by Perry Street Productions, LLC for developing, manufacturing and marketing products and creating, modifying or improving our Services or other products, services or websites affiliated with the Perry Street Productions, LLC. Furthermore, by posting or displaying any such Ideas on our Site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas.
There may be links on this Site that will permit you to travel to other, third-party sites over which Perry Street Productions, LLC has no control. Perry Street Productions, LLC makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites which you may access through this Site. Perry Street Productions, LLC does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
No Resale of Our Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit, for any commercial purposes, any portion of our Services.
Disclaimer of Warranties
Perry Street Productions, LLC is a provider of an online restaurant information service. Perry Street Productions, LLC does not create, verify, or guarantee the accuracy of such data; rather, Perry Street Productions, LLC receives its information from various sources, including Internet sites. It is not necessarily affiliated with or endorsed by these sources, or compensated by them. All materials and information available through Our Services are provided "as is" and "as available", and without warranties of any kind, express or implied.
We do not warrant that the information is always accurate, complete or current; that access to it will be available all the time, from every place, or that errors will be corrected. Perry Street Productions, LLC disclaims any responsibility and any warranties for sales, purchases, financing or other types of transactions involving products and services on which Our Services provide information. Your use of Our Services is solely at your own risk.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PERRY STREET PRODUCTIONS, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PERRY STREET PRODUCTIONS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
IN NO EVENT WILL PERRY STREET PRODUCTIONS, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR OF ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, Perry Street Productions, LLC's liability shall be limited to the extent permitted by law.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Perry Street Productions, LLC, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.
Perry Street Productions, LLC's Proprietary Rights
You acknowledge and agree that Our Services and any necessary software used in connection with Our Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Our Services and/or contained on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Perry Street Productions, LLC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Services, this Site or the Software, in whole or in part.
All content included on this Site, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, is the property of Perry Street Productions, LLC, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of Perry Street Productions, LLC and protected by U.S. and international copyright laws. All Software used on this Site is the property of Perry Street Productions, LLC or its software suppliers and protected by United States and international copyright laws.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Perry Street Productions, LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Perry Street Productions, LLC or its affiliates and/or subsidiaries. Perry Street Productions, LLCs trademarks and trade dress may not be used in connection with any product or service that is not Perry Street Productions, LLCs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Perry Street Productions, LLC. All other trademarks not owned by Perry Street Productions, LLC, its affiliates or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Perry Street Productions, LLC, its affiliates or its subsidiaries.
User Supplied Information
SavoryCities.com does not want to receive confidential or proprietary information from you to be posted on the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you grant Perry Street Productions LLC a royalty-free, irrevocable, perpetual, worldwide right to use, distribute and display this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Third Party Content
By submitting Content on this Site, you automatically grant, or represent and warrant that the owner or authorized licensor of such Content has expressly granted Perry Street Productions LLC, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to SavoryCities.com retains any and all rights which may exist in such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the respective authors or distributors and not of Perry Street Productions LLC, unless expressly stated otherwise. Perry Street Productions LLC does not make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. Under no circumstance shall Perry Street Productions LLC be liable for any loss, damage or harm caused by a User's reliance on information obtained through the SavoryCities.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Site.
This Site may include bulletin boards, chat rooms, or other interactive areas where users can communicate with SavoryCities.com and other users. Perry Street Productions LLC does not control the messages, files, or other information posted by users. Perry Street Productions LLC reserves the right to remove or decline to post any material as determined by the sole discretion of Perry Street Productions LLC. As a condition of use of any interactive area of the Site, the users agree that they will not:
- Interfere in any way with the use and enjoyment of the interactive area of any other user;
- Post or transmit any information that is false or intentionally misleading;
- Post or transmit any unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct which would give rise to criminal or civil liability or violate the laws of local, state, national, or foreign governments;
- Post or transmit any information or material which violates or infringes upon the rights of others, including privacy or publicity rights or is protected by copyright, trademark, patent or other proprietary rights and derivative works thereof;
- Post or transmit any information or material that contains a virus or harmful component;
- Post or transmit any information that has a commercial, advertising, promotional or marketing purpose.
Any violation of these conditions of use will result in removal of the offending material and termination of user privileges. Upon notice to Perry Street Productions LLC from any third party that information or material posted by users constitutes an infringement of property rights or other unlawful condition, Perry Street Productions LLC will act to remove or block access to the offending material and terminate the privileges of the posting party.
Third Party Intellectual Property Protection
Perry Street Productions LLC complies with the provisions of the Digital Millenium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify Perry Street Productions LLC of any violation of copyright by sending a notice containing the following information:
- Identification of what is being infringed;
- Contact information;
- A statement of good faith belief that the material is infringing; and
- A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.
Send the notice to:
Perry Street Productions, LLC
Attn: Chris McBride
55 Greenwich Avenue, #4
New York, NY 10014
Please note that this procedure is solely for notifying Perry Street Productions LLC that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law and Forum
Any action related to these Terms will be governed by and construed in accordance with the laws of the State of New York and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You agree that any legal proceeding arising out of or in connection with these Terms shall be brought in a state or federal court in New York, New York, and hereby waive any jurisdictional or venue defenses otherwise available to you.
Severability and Integration
Parties in Interest