2. Your Account
You may (but are not required to) create an account with TableReserv through the TableReserv Site or TableReserv Application (“Account”) in order to use the Reservation Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the TableReserv registration form (Registration Data). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify TableReserv of any unauthorized use of your Account or any other breach of security related to your use of the Services.
3. Communications from TableReserv
4. Technical Requirements
5. Modifications to Services
TableReserv reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the TableReserv Site, TableReserv Application, Restaurants, and/or Merchants. TableReserv shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
6. Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the TableReserv Content) are provided to User by TableReserv or its partners or licensors solely to support User’s permitted the use of the Services. The TableReserv Content may be modified from time to time by TableReserv in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the TableReserv Content by User shall constitute a material breach of this Agreement. TableReserv and its partners or licensors retain all rights in the Services and TableReserv Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of TableReserv or any third party is granted under this Agreement.
7. Application License
ubject to the terms and conditions of this Agreement, TableReserv grants User a non-exclusive, non-transferable, revocable license to use the TableReserv Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
8. Use Restrictions
The Services and TableReserv Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. TableReserv expressly reserves all its rights and remedies under applicable state and federal laws. TableReserv reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or TableReserv Content, except as expressly authorized by TableReserv; (2) take any action that imposes or may impose (in TableReserv’s sole determination) an unreasonable or a disproportionately large load on the Services or TableReserv’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or TableReserv Content to a third party; (5) use any portion of the Services or TableReserv Content to provide, or incorporate any portion of the Services or TableReserv Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to TableReserv); (7) modify any Services or TableReserv Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or TableReserv Content; (9) use the Services or TableReserv Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or TableReserv Content or access or use the Services or TableReserv Content for competitive analysis or benchmarking purposes.
TableReserv may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, TableReserv may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any TableReserv Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that TableReserv shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which TableReserv will have no liability whatsoever.
10. Reviews, Comments, Communications, and Other Content
The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. TableReserv reserves the right (but has no obligation) to monitor, remove, or edit User Content in TableReserv’s sole discretion, including if User Content violates this Agreement (including any TableReserv Policies), but you acknowledge that TableReserv may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant TableReserv a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. TableReserv takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
11. Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by TableReserv and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at TableReserv’s request) defend TableReserv, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “TableReserv Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
12. Disclaimer of Warranties
THE SERVICES, ALL TABLERESERV CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TABLERESERV EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. TABLERESERV DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TABLERESERV WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. TABLERESERV SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TABLERESERV.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Links to Third-Party Websites
The Services may contain hypertext links to websites operated by parties other than TableReserv. Such hypertext links are provided for User’s reference only, and TableReserv does not control such websites and is not responsible for their content. TableReserv’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. TableReserv assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
14. Notify Us of Infringers
If you believe any of the Services violate your copyright, notify our copyright agent in writing;The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by TableReserv.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.