1. Definitions.
- A "user" is anyone 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", and "Hungry5" refer to Hungry
Five ltd.
- "Content" means text, images, photos, audio, video, and all other forms of
data or communication. "Your Content" means Content that you submit, post,
or transmit to, or using, the Site, such as the business ratings, reviews, compliments,
information that you display as part of your account profile, invitations, or other
commentary that you may submit, post, or transmit to, or using, the Site. Your Content
does not include the information that you submit in order to create an account on
the Site. "User Content" or "User Review" means Content that users
submit, post, or transmit to, or using, the Site. "Hungry5 Content" means
Content that is created by Hungry5 and made available on the Site. "Third Party Content"
means Content that is made available on the Site by parties other than Hungry5 or
the users, such as data providers that license data to Hungry5 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 Hungry5 Content.
2. Changes to the Terms of Service.
The Terms of Service may be modified by Hungry5 at any 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 Hungry5’s posting of new Terms
of Service. Your continued use of the Site after any posted modification to the Terms
of Service indicates your acceptance of the modification.
3. User Accounts.
To use some of the features on the Site, you may be required to create an account
and provide information about yourself to us. 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. There are two types of accounts:
- A "Personal Account" is an account for your personal, non-commercial use
only, and may be used to submit, post, and transmit reviews, ratings, messages,
compliments, invitations, commentary, photographs, and other types of User Content.
In creating a Personal Account, we ask that you provide complete and accurate information
about yourself in order to bolster your credibility as a contributor to the Site,
though you may opt instead to provide information that does not make you personally
identifiable. Notwithstanding the foregoing, you may not impersonate someone else
(e.g., adopt the identity of a celebrity or your next-door neighbor), provide an
email address other than your own, or create multiple Personal Accounts.
- A "Business Account" is an account for use on the Site as a representative
of a business that is listed on the Site. In creating or updating a Business Account,
you must be an authorized representative of the business in question, and you must
provide complete and accurate information about yourself and the business you represent.
You may not provide an email address that is not your own or create multiple Business
Accounts for the same business.
4. Use of the Site.
- Subject to the restrictions in these Terms of Service, Hungry5 grants you permission
to use the Site, including the ability to: (a) search for local business and services,
(b) read, write, and share reviews about local businesses, (c) announce local events,
(d) post messages on talk boards, (e) send messages to other Users, and (f) invite
people you know to register with Hungry5.
- You will be exposed to User Content
and Third Party Content on the Site. You understand that such content may be offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate. Hungry5 does not
endorse User Content or Third Party Content, and cannot vouch for its accuracy.
5. Restrictions on Use.
You agree that you will not:
- use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment
of another person, or otherwise interfere with another user's use of the Site;
-
use the Site to transmit or post spam, chain letters, contests, junk email, pyramid
schemes, surveys, or other mass messaging, whether commercial in nature or not;
-
use the Site for promotional or commercial purposes, except as expressly permitted
by Hungry5;
- use the Site in a manner that may create a conflict of interest,
such as trading reviews with other business owners or writing or soliciting shill
reviews;
- use the Site for keyword spamming or to otherwise attempt to manipulate
search results;
- use the Site to promote bigotry or discrimination against protected
classes;
- 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;
-
use the Site to transmit or post pornography or illegal content;
- use the Site
to solicit personal information from minors or to harm or threaten to cause harm
to minors;
- use the Site in violation of the Terms of Service or any applicable
law;
- 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
Hungry5;
- reverse engineer any portion of the Site, except as may be permitted
under the law;
- 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;
-
record, process, or mine information about other users;
- 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;
- access, retrieve
or index the Site to construct or populate a searchable database of business reviews;
-
reformat or frame any portion of the Site;
- take any action that imposes, or
may impose in our sole discretion, an unreasonable or disproportionately large load
on Hungry5’s technology infrastructure;
- 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.
6. Permission to Use Your Content.
- You grant Hungry5 the irrevocable right to use Your Content for any purpose, including
but not limited to the right to reformat it, edit it, publish it, associate it with
your account name, incorporate it into other works, create derivative works from
it, distribute it, promote it, and license these same rights to third parties for
use in connection with other media platforms ("Other Media").
- You grant the Site's users and the users of any Other Media the irrevocable right
to access Your Content in connection with their use of the Site and any Other Media.
- You irrevocably waive, and cause to be waived, any claims and assertions of moral
rights or attribution with respect to Your Content.
7. Responsibility for Your Content.
- You are solely responsible for Your Content. You assume all risks associated with
use of Your Content, including any reliance on its accuracy, completeness or usefulness
by others, 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 Hungry5.
- Because you alone are responsible for Your Content (and not Hungry5), you may expose
yourself to liability if, for example, Your Content violates a third party's rights,
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.
8. Use of Content.
- Hungry5 may or may not use User Content in its sole discretion. For example, we
may choose not to publish User Content if we believe it violates the Terms of Service.
In addition, please note that we have no obligation to retain or provide you with
copies of Your Content, nor do we guarantee any confidentiality with respect to
Your Content.
- Hungry5 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.
9. Site Availability.
Hungry5 reserves the right (but is under no obligation) to modify, update, or discontinue
the Site at its sole discretion, at any time, for any or no reason, and without
notice or liability.
10. Unauthorized Access.
Hungry5 reserves the right to exercise whatever lawful means it deems 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.
11. Investigations.
Hungry5 is under no obligation to monitor the Site or Site Content. However, we
reserve the right to investigate possible violations of the Terms of Service, block
users from the Site, and refer matters to law enforcement authorities for further
investigation. Hungry5 may disclose information to third parties, including Your
Content, in accordance with its Privacy Policy.
12. Feedback.
- Dissatisfaction. If you are dissatisfied with the Site, please let us know
by providing feedback to the customer support team through our contacts page here.
Your input is valuable to us. Your only other remedy with respect to any dissatisfaction
with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Hungry5
in operating the Site, or (iv) any content or information transmitted through the
Site, is to terminate the Terms of Service and close your account.
- Suggestions
and Improvements. By sending us any ideas, suggestions, documents and/or proposals
("Feedback"), you agree that (i) your Feedback does not contain the confidential
or proprietary information of third parties, (ii) we are under no obligation of
confidentiality, express or implied, with respect to the Feedback, (iii) we may
have something similar to the Feedback already under consideration or in development,
and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, publish, distribute and sublicense the Feedback.
13. Termination
- Hungry5 may terminate or suspend your account or ability to use the Site, in whole
or in part, at Hungry5's sole discretion, for any or no reason, and without notice
or liability of any kind. For example, we may terminate or suspend your account
or ability to use the Site if you breach the Terms of Service or are suspected of
involvement in illegal activity. Any such termination or suspension could prevent
you from accessing your account, the Site, Your Content, Site Content, or any other
related information.
- 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, and providing
Hungry5 with a notice of termination.
- In the event of any termination, whether
by you or us, Sections 6, 7, 8, 11, 12, 13, 14, 15, 16, and 18 of the Terms of Service
will continue in full force and effect, including Hungry5's rights with respect
to Your Content, as detailed in Section 6.
14. Ownership.
Hungry5 owns the Hungry5 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. Hungry5
also owns the copyrights, trademarks, service marks, trade names, and other intellectual
and proprietary rights throughout the world
(the "IP Rights") associated with the Hungry5 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 Hungry5 Content in whole or in part except
as expressly authorized by Hungry5. Except as expressly and unambiguously provided
herein, Hungry5 does not grant you any express
or implied rights, and all rights in and to the Site and the Hungry5 Content are
retained by Hungry5.
15. Warranties, Disclaimers, and Limitations of Liability.
- THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. HUNGRY5
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. HUNGRY5 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 HUNGRY5 OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION
NOT EXPRESSLY STATED HEREIN.
- HUNGRY5 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 HUNGRY5 OR ANY THIRD PARTY,
OR (E) LOSS OF INFORMATION OR DATA.
- HUNGRY5 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.
- HUNGRY5 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 HUNGRY5 RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES
BETWEEN YOU AND THEM.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO
YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- HUNGRY5'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 HUNGRY5 IN CONNECTION WITH THE
SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
16. Indemnity.
You agree to indemnify and hold Hungry5, 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. Hungry5 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 Hungry5. Hungry5 will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
17. Third Parties.
- The Site may include links to other websites (each, a "Third Party Site"). Hungry5
does not control or endorse any Third Party Site, and you agree that Hungry5 is
not responsible for the availability or contents of such Third Party Sites.
-
The Site's mapping feature is powered by Google Inc. Your use of the mapping feature
is governed by Google Inc.'s terms of use located at
http://maps.google.com/help/terms_maps.html (or such other URL as may be
updated by Google Inc.).
18. Miscellaneous.
- If there is any dispute about or involving the Site or Hungry5, you agree that any
such dispute will be governed by the laws of Hong Kong without regard to its conflict
of law provisions. You agree to personal jurisdiction by and venue in the state
and federal courts in Hong Kong.
- 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 Hungry5 in any respect whatsoever.
- Hungry5 may provide you
with notices, including those regarding changes to the Terms of Service by email,
regular mail or postings on the Site.
- Except as otherwise stated in Section 17 above, nothing herein is intended, nor
will be deemed, to confer rights or remedies upon any third party.
- The Terms
of Service contain the entire agreement between you and Hungry5 regarding the use
of the Site, and supersede any prior agreement between you and Hungry5 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.
- The failure of Hungry5
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.
- 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.
- The Terms of Service are not assignable,
transferable or sub-licensable by you except with Hungry5's prior written consent,
but may be assigned or transferred by Hungry5 without restriction. Any assignment
attempted to be made in violation of the Terms of Service shall be void.
- The
section titles in the Terms of Service are for convenience only and have no legal
or contractual effect.
19. 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 through the contacts page here.
20. Marks.
Hungry5 and the Hungry5 logo including the "palm"
symbol are proprietary service marks of Hungry5 limited.
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