2. Eligibility. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that OdesaRestaurants.com does not in any way screen its Members, nor does OdesaRestaurants.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. OdesaRestaurants.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall OdesaRestaurants.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that OdesaRestaurants.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
4. Content Posted by You on OdesaRestaurants.com. a. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to OdesaRestaurants.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify OdesaRestaurants.com of such change.
b. You understand and agree that OdesaRestaurants.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of OdesaRestaurants.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of OdesaRestaurants.com, you automatically grant, and you represent and warrant that you have the right to grant, to OdesaRestaurants.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by OdesaRestaurants.com will not infringe or violate the rights of any third party.
5. Modifications to Service. OdesaRestaurants.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OdesaRestaurants.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Blocking of IP Addresses. In order to protect the integrity of the Service, OdesaRestaurants.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
8. Disclaimers. OdesaRestaurants.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. OdesaRestaurants.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. OdesaRestaurants.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. OdesaRestaurants.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will OdesaRestaurants.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and OdesaRestaurants.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OdesaRestaurants.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. OdesaRestaurants.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
9. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OdesaRestaurants.com has no control over such sites and resources, you acknowledge and agree that OdesaRestaurants.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OdesaRestaurants.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will OdesaRestaurants.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if OdesaRestaurants.com has been advised of the possibility of such damages.
11. Indemnity by You. You agree to indemnify and hold OdesaRestaurants.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
12. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. Other. This Agreement contains the entire agreement between you and OdesaRestaurants.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.