Terms of Use
1. ACCEPTANCE OF TERMS
Grapeshisha welcomes you to its website, grapeshisha.com (the “Site”). The
following Terms of Service (“Terms”) govern the use of the Site (the
“Service”). By using or visiting the Site, including but not limited to,
participation in its comments, postings, blogs or user profile, you are
expressly agreeing to be bound by these Terms and to follow these Terms and any
applicable laws and regulations. Grapeshisha reserves the right to change the
Terms, at any time, without notice. Your failure to follow these Terms may
result in suspension or termination of your access to the Service, without notice.
2. LANGUAGE OF THE TERMS
Where Grapeshisha has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with Grapeshisha and that Grapeshisha provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
3. YOUR REGISTRATION OBLIGATIONS
In order to use certain features of the Site, you may be required to register with grapeshisha.com. Your personal information will be treated by Grapeshisha in accordance with our Privacy Policy. In consideration of your use of the Service, you agree that any registration information with which you provide Grapeshisha will always be your own personal information and is accurate, true and complete. Grapeshisha reserves the right to suspend or terminate your account, in its sole discretion, and refuse any and all current or future use of the Service to you, or any portion thereof, should you fail to abide by the Terms of Use or you provide Grapeshisha with any information that is not your own or inaccurate, untrue or incomplete.
4. USE OF SERVICE
The Service is intended for your own personal and non-commercial use. You may not authorize others to use the Service. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Service. The Site contains materials supplied by Grapeshisha and its members, affiliates, partners and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Grapeshisha, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.
5. MEMBER CONDUCT
You agree not to use any obscene, indecent, disrespectful and/or offensive language, including any libellous, defamatory, obscene, pornographic or otherwise illegal material on the Site. Any abusive or discriminatory language on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., will not be permitted. In addition, you may not place on the Site any material that is encrypted, is junk mail or unauthorized advertising, commercial offers, political content, contains links to inappropriate websites, or encourages conduct that would constitute a criminal offence, give rise to civil liability or that otherwise violates any local, state, federal or international law or regulation. You may not post any message, or otherwise, that contains personal information, invades anyone’s privacy or that contains email addresses, URLs, phone numbers and postal addresses. You agree to not post any information intended to impersonate other users (including names of other individuals or groups) or that contains offensive or inappropriate user names or signatures. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Spamming: You are not allowed to post the same message repeatedly or post “off-topic” messages; such items will be removed and your rights to use the Services may be immediately terminated, at the sole discretion of Grapeshisha.
Standard Text Only: You are not permitted to post content other than standard English text, such as graphics, photos, audio, HTML, Javascript, etc. Content submitted with files containing viruses, corrupted files or any other materials intended to damage or intercept data from another computer is prohibited. You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs. You may not in any way distribute, publish, re-transmit or cache or otherwise any of the material obtained through the Service for commercial or other unauthorized use, except as permitted by the Copyright Act or other applicable law. You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to hinder or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
6. CHILDREN UNDER AGE 18
Grapeshisha does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain contests, competition and/or special events; however, you must meet the designated minimum age requirements for the specific matter. Grapeshisha will establish specific rules and terms for participation in each contest, competition and/or special event and will post this information on the Site.
7. USE OF MATERIAL POSTED BY YOU
The User hereby grants to Grapeshisha and its affiliates and subsidiaries an irrevocable, transferable, paid-up, royalty-free, perpetual, unrestricted worldwide license to use, reproduce, translate, sublicense, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, reviews, messages, comments or content that users post, upload, submit or transmit in areas on the Site without compensation, notification or other consideration to the user in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes.
8. SITE EDITING AND DELETIONS
Grapeshisha reserves the right, but undertakes no responsibility, to review, edit, alter or delete any material provided, or any part thereof, submitted or uploaded on the Site by the user, in its sole discretion, without notice. Grapeshisha has no obligation to display, authorize or otherwise use or display on the Site any reviews, comments or other materials or information submitted or provided by the user.
9. MATERIALS POSTED BY OTHERS
Grapeshisha hereby disclaim any responsibility or liability with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or other material or information that violates the Terms herein.
10. REVIEWS
Authorized users are able to post reviews of events, businesses and other entertainment features listed on the Site. Reviews do not reflect the views of Grapeshisha; its parent, affiliates or subsidiaries; or their respective employees, officers or directors. Grapeshisha hereby disclaims any responsibility or liability for any review or for any claims, damages or losses resulting from any use of the Site or the materials contained therein.
11. THIRD-PARTY SITES
The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). Grapeshisha hereby disclaims any responsibility or liability for the accuracy or inoffensiveness of the content or information that is contained and/or provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that Grapeshisha will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.
12. COPYRIGHT
The content, organization, design elements, graphics, text, images, video,
compilation, advertising, marks and all other material on the Site are
protected under applicable copyrights, trademark and other proprietary
(including but not limited to intellectual property) rights and are the
property of Grapeshisha or its licensors. The copying, distribution,
modification, unauthorized use or publication by you, directly or indirectly,
of any such matters or any part of the website, including but not limited to
the removal or alteration of advertising, except for the limited rights of use
granted hereunder, is strictly prohibited.
All contents of this website are: ©2004-11 Grapeshisha.
In some instances content has been licensed for use through other parties, particularly in the case of images.
13. LIABILITY DISCLAIMER
YOU ACKNOWLEGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GRAPESHISHA, INC., AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. GRAPESHISHA DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMLINESS OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON THIS SITE.
GRAPESHISHA, ITS AFFILIATES AND/OR THEIR SPONSORS, MEMBERS AND/OR REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. GRAPESHISHA, ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL GRAPESHISHA, ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES 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 WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
14. NOTICES
Grapeshisha may, but is not obligated to, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service or other reasonable means now known or hereinafter developed.
15. ADVERTISING
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Grapeshisha on the Services are subject to change without specific notice to you. In consideration for Grapeshisha granting you access to and use of the Services, you agree that Grapeshisha may place such advertising on the Services.
16. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any accounts or profiles you create and/or use to access the Services on the Site.
17. INDEMNITY
You agree to indemnify and hold Grapeshisha and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys' fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site.
18. TERMINATION BY GRAPESHISHA
Grapeshisha may at any time terminate your use of the Service if in its sole discretion it is determined that you are not complying with these Terms of Use or other applicable laws or regulations.
19. GENERAL INFORMATION
Choice of Law and Forum: The Terms and the relationship between
you and Grapeshisha shall be governed by the laws of the European Union without
regard to its conflict of law provisions. You agree to submit to the personal
and exclusive jurisdiction of the courts located within the European Union.
Waiver and Severability of Terms: The failure of Grapeshisha to exercise
or enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavour to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full force
and effect. No Right of Survivorship and Non-Transferability. You agree that
your Grapeshisha account is non-transferable and any rights to your Grapeshisha
ID or contents within your account terminate upon your death.
20. CONTACTING THE WEBSITE
If you have any questions about the Terms, please contact us at editor at grapeshisha.com.