Terms of Use

The effective date of this agreement is May 25, 2005.

This agreement contains the terms and conditions (the “Terms of Use”) under which Cravings (“Cravings”, “we” or “us”) offers you access to its website www.findyourcraving.com (the “Site”). Among other things, these Terms of Use describe the user’s responsibilities and limit Cravings’ liability. Before using the Site, please read all these Terms of Use carefully.

User Acceptance
By visiting and/or using the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site. These terms and conditions include Cravings’ Privacy Policy that is posted on the Site.

Restrictions on Rights to Use
You are authorized to use the Site solely for your personal, non-commercial use. Moreover, in using the Site, you will not:

a) modify, translate, or reverse engineer any portion of the Site;

b) copy or distribute any part of the Site without Cravings’ written permission,

c) collect or harvest any personally identifiable information from the Site;

d) use the communication systems provided by the Site for any commercial solicitation purposes;

e) post or transmit in any manner any content that you do not have a right to post or transmit under any law or under contractual or fiduciary relationships;

f) post or transmit in any manner any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

g) transmit unsolicited electronic mail or communications such as “spam” to other users of the Site;

h) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;

i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

j) act in a manner that negatively affects other users’ ability to use the Site or otherwise interfere with other user’s enjoyment of the Site;

k) engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site; or

l) violate any applicable local, state, national, or international law.

Site Content
You acknowledge and agree that any content you view on the Site is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. Any or all content on the Site may be purged periodically in Cravings’ sole discretion.

The content on the Site is owned by or licensed to Cravings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Cravings. Cravings reserves all rights not expressly granted in and to the Site and the content.

You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein.

User’s Grant of Limited License
By communicating with Cravings, including submitting or sending any content, contribution or other information or material to the Site or to its management or owners, you grant Cravings the royalty-free, unrestricted, world-wide, perpetual, irrevocable, transferable non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating any contribution, in whole or in part, into any Cravings feature or other content on the Site. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such user submissions, including any contribution or part thereof, or other communication to Cravings.

You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with your user submissions, you affirm, represent, and/or warrant that:

(a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cravings to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all your user submissions to enable inclusion and use of the user submissions in the manner contemplated by the Site and these Terms of Use; and

(b) you have the written consent, release, and/or permission of each and every identifiable individual person in your 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 Site and these Terms of Use.

You also warrant that any “moral rights” in posted materials have been waived.

In connection with your user submissions, you further agree that you will not:

(a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cravings all of the license rights granted herein;

(b) publish falsehoods or misrepresentations that could damage Cravings or any third party; or

© submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

Cravings does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Cravings expressly disclaims any and all liability in connection with user submissions. Cravings reserves the right to remove user submissions without prior notice.

You understand that when using the Site, you will be exposed to user submissions from a variety of sources, and that Cravings is 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 Cravings with respect thereto, and agree to indemnify and hold Cravings, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You understand that whether or not such user submissions are published, Cravings does not guarantee any confidentiality with respect to any user submissions.

Linked Sites
You may be able to link to third parties’ websites from Cravings. Linked sites are not, however, reviewed, controlled, or examined by Cravings in any way and Cravings is not responsible for the content, availability, advertising, products, or other materials of any such linked sites, or any additional links contained therein. These links do not imply Cravings’ endorsement of or association with the linked sites. It is your sole responsibility to comply with the appropriate terms of use of the linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such linked sites and any content contained thereon.

In no event shall Cravings be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites. You should direct any concerns to that site’s administrator or webmaster. Cravings reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Site and/or introduce different features or links.

Prior written permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Cravings. We reserve the right, however, to rescind any permission granted by us to link to the Site through any type of link, and to require termination of any such link to the Site, at our discretion at any time.

Risk of Loss
Any product purchased from Cravings is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions
Cravings attempts to be as accurate as possible. However, Cravings does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cravings itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES
THE CRAVINGS SITE AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRAVINGS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(a) CRAVINGS MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

(b) CRAVINGS MAKES NO WARRANTIES THAT ITS SITE, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES CRAVINGS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE;

© CRAVINGS DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY RESTAURANTS OR OTHER THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT RESTAURANT OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;

(d) CRAVINGS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(e) CRAVINGS EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF CRAVINGS.

Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

FOOD ALLERGY DISCLAIMER
Cravings will not assume any liability for adverse reactions to foods recommended by the Site or provided through the Site.

LIMITATION OF LIABILITY AND REMEDIES
UNDER NO CIRCUMSTANCES WILL CRAVINGS OR ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THESE TERMS OF USE OR THE SITE, OR ANY PRODUCTS OR SERVICES HEREUNDER OR OTHERWISE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. IN ANY CASE, CRAVINGS’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00).

Indemnification
You agree to indemnify and hold Cravings, and its affiliates, directors, officers, employees, and representatives, harmless from and against any loss, cost, claim, damages, liability, and expense, including reasonable attorneys’ fees, arising out of or relating to

(a) your breach of these Terms of Use;

(b) any fraud, manipulation, deception or misrepresentation by you;

© any wrongdoing, willful misconduct, or negligence on your part with respect to your use of the Site; and

(d) any violation of applicable federal or state laws or regulations.

Trademarks
CRAVINGS and FINDYOURCRAVING.COM are trade or service marks of Cravings. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Cravings, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Cravings.

Applicable Laws / Jurisdiction
Cravings Media LLC a corporation formed under the laws of the State of New York, with its primary place of business in New York, operates the Site. Those who choose to access the Site do so on their own initiative with the knowledge that they are doing business with a New York corporation. THESE TERMS OF USE, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND CRAVINGS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. IF YOU ARE UNWILLING TO HAVE NEW YORK LAW APPLIED, DO NOT USE THE SITE. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

ANY LAWSUIT THAT ARISES BETWEEN YOU AND CRAVINGS IN CONNECTION WITH OR RELATED TO THESE TERMS OF USE OR THE SITE SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF NEW YORK. YOU AND CRAVINGS EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.

Provisions Unenforceable or Invalid
If any part of this terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Cravings, and the remaining portions shall remain in full force and effect.

Changes to Terms of Use
Cravings reserves the right, in its sole discretion, to amend these Terms of Use at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Site following Cravings’ posting of any changes will constitute the user’s acceptance of such changes.

Termination
Cravings may, in its sole discretion, terminate these Terms of Use and your use or access to the Site immediately and without notice for any reason.