TERMS AND CONDITIONS
Last updated: July 15, 2016
These Terms and Conditions of Service ("Terms of Service") govern your use of ONEHUNDREDTABLES.com (The Site). ONEHUNDREDTABLES.com is operated by One Hundred Tables, LLC ("One Hundred Tables," "we", or "our") and provides the content posted on the Site subject to the following Terms of Service.
A. User Accounts
Customer Account: As a restaurant or bar, if you create a user account for the Site, you agree to complete the registration process by providing current, complete, and accurate information as required by One Hundred Tables. You are responsible for all activities that occur under your account. You agree to notify One Hundred Tables immediately of any unauthorized use of your account or any other breach of security. One Hundred Tables will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by One Hundred Tables or another party due to someone else using your account. You may not use anyone else's account at any time.
B. Privacy Notice
C. Site Content
The Site, including without limitation the One Hundred Tables text, graphics, photographs, software, video and audio content, and the like that appear on the website or mobile site (the "Site Content"), is owned by One Hundred Tables, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Site Content to other web sites, mobile applications, or otherwise, without the prior written consent of One Hundred Tables. Users cannot sell, or distribute, Site Content to third parties, prepare derivative works of or otherwise exploit Content without the prior written permission of One Hundred Tables. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content, please submit your request in writing via the Contact Us form on the Site. One Hundred Tables has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content. All of the One Hundred Tables trademarks, service marks and logos are owned by or licensed to One Hundred Tables and may not be used for any purpose without the prior written consent of One Hundred Tables.
With respect to any profile we may provide to a restaurant at no charge for any period of time, we will only use images from your own website or a social media accounts where you have the rights to such images having published them yourself and will never intentionally use an image you may not have the rights to. If at anytime you wish a promotional profile to be changed (text or images) or removed you can let us know on on our contact form and we will change or remove the profile at your request immediately or as soon as reasonably possible. We make no claim of ownership to any images on your website or social media account and any profile on One Hundred Tables provided at no charge for any period of time can also be removed at anytime by us at our discretion or if a third party that may own any image requests us to do so. If a legitimate third party rights holder contacts us inquiring about any image that requires special permission, we may contact you to request permission to use such image (or remove it at their or your request if not granted). As a part of the promotional aspect of the site, we do allow users to share One Hundred Tables generated content that you see on WWW.ONEHUNDREDTABLES.COM via most social media channels as a way of online social media interaction. We also allow participating restaurants to provide us with a homepage takeover image of their establishment that we may feature at our discretion as one of the background images on the homepage or elsewhere. Providing us this image is no guarantee that we will use it. This is strictly for additional promotional value to the establishment and we do not charge extra for this feature.
Restaurants featured on One Hundred Tables are guaranteed to be good in the sense that no restaurant is allowed on any city board on One Hundred Tables unless the restaurant has been featured in one or more other industry relevant, recognized, and respected review websites or other outlets such as an industry or consumer magazine. Each restaurant on One Hundred Tables is asked during the registration process to select one or more outlets where it has received an accolade. These accolades are then shown on their One Hundred Tables profile indicating their general positive reputation. As of July 15, 2016 some of the industry recognized and publicly available sources restaurants on One Hundred Tables may choose from include, but are not limited to, Trip Advisor®, Lonely Planet™, Zagat®, Eater™, Wine Spectator™, The Daily Meal™, Andrew Zimmern™, Food & Wine™, Bon Appetite™, and OpenTable®. One Hundred Tables, LLC in no way owns any of the trademarks of any of these accolade sources and such trademarks are property of their respective trademark owners. The ultimate inclusion or not of a restaurant on One Hundred Tables is at the sole discretion of One Hundred Tables, LLC.
D. Permitted Uses
The Site is designed to offer customers (Restaurant/Bar owners and/or their representatives) a way to promote their establishment to the dining clientele worldwide, and to offer diners a unique source of suggestions on where they might like to eat and drink. You agree not to use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any One Hundred Tables' server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to any One Hundred Tables' server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Site. You will not link to any part of the Site if such activity is illegal, will cause damage to, or will otherwise harm One Hundred Tables or any other party. Moreover, One Hundred Tables reserves the right in its sole discretion to disable or otherwise terminate your use of the Site, or any links you make to the Site, or request you to do the same. One Hundred Tables reserves all of its rights in the One Hundred Tables Sites not expressly granted to you by these Terms of Service.
E. Registration and Cancellation Policy
Restaurants and bar owners/representatives that choose to become paying customers of One Hundred Tables do so at their own will. Payment is handled at registration, is $100 per year for a spot on the city matrix page which also provides a unique profile for the customer's establishment. International transactions may have a small transaction fee added depending on the country that the registering restaurant or bar is responsible for should that occur. As a condition of being a customer, a dining or drinking establishment must have at least 250 "Likes" on their establishment's Facebook page. This serves as our way of being reasonably certain that the establishment has the required reputation to be one of the establishments on One Hundred Tables. The term of activity is one year from the receipt of payment and there are no prorated terms or refunds. At the end of the initial term the customer will automatically be renewed for a second one year term using the same payment method as during the first term. A customer may cancel their future participation on One Hundred Tables any time after the completion of the first full year by sending notification in writing to email@example.com but there will be no proration of payment nor any refunds. Should a customer decide to cancel, One Hundred Tables will remove the customer's profile and selected square from the city matrix where it appeared as soon as possible after having received notification of cancellation. Please note that One Hundred Tables does not go back and review a customer's Facebook page (or other forms of registration) to make sure a customers data is current. It is the sole responsibility of the customer to keep their One Hundred Tables profile data current and accurate. One Hundred Tables strives to feature only unique establishments and as such we do not accept chain restaurants, chain coffee houses, or anything that could be considered regional or national with more than one of the same named establishments. As a measure to ensure the integrity of the site any restaurant or bar that has more than 25,000 Likes on their Facebook page will be manually approved or denied at the sole discretion of the management of One Hundred Tables, LLC.
F. Links to Other Websites and/or Mobile Sites
The Site may contain advertisements and/or links to other sites ("Third Party Sites"). One Hundred Tables does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the Sites and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the One Hundred Tables Sites, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the One Hundred Tables Sites, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. One Hundred Tables bears no responsibility for any action associated with any Third Party Site. Moreover, One Hundred Tables does not imply an affiliation with any Third Party Site.
G. Limitation of Liability
You agree One Hundred Tables will not be held liable for any loss or damage incurred as a result of use of the Site or services. You understand One Hundred Tables is not the seller of the goods or services advertised on the Sites. One Hundred Tables is a service provider showcasing highly recommended dining establishments. One Hundred Tables is not the agent of any establishment featured on the Site and takes no responsibility for the services or products for which and establishment provides. One Hundred Tables has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Site, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. One Hundred Tables has no obligation to provide you with notice of any such changes, and One Hundred Tables is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.
H. Modification to Terms
It is the sole and absolute discretion of One Hundred Tables, LLC to change these Terms and Conditions from time to time and we will post such changes on this page. If you object to any such changes your sole recourse will be to cease using the service. If you continue to use the Service following any such notice of changes it shall indicate your acknowledgement and agreement of such changes and you will be bound by the Terms and Conditions of such changes.
I. Modification to Service
One Hundred Tables, LLC reserves the right modify any aspect of onehundredtables.com or 100tables.com or any of the properties it owns at anytime with or without notice to you. You agree that One Hundred Tables, LLC nor any of its owners shall not be liable to you or any third party should we exercise our right to modify or discontinue the service.
Throughout onehundredtables.com there are links to other websites including but not limited to the websites of a restaurants, blogs, brands, and other resources. These links are provide for your convenience only and such links do not imply our endorsement of such other website or resource nor it’s contents. By using onehundredtables.com you agree that we shall have no responsibility or liability whatsoever for any information, software, content, or materials found any any other website or internet resource.
K. Electronic Notices
You agree to transact with us electronically. Your affirmative act of registering, using, or logging into onehundredtables.com or 100Tables.com constitutes your acceptance to these Terms and Conditions. If you have provided us with a valid email address we may provide notices to you electronically. The delivery of any Notification we may send is effective when sent by us regardless of whether you read any such Notice or receive the delivery. If you do not agree with this, you may withdraw your consent to receive Notices electronically by discontinuing your use of onehundredtables.com and 100Tables.com
You agree to defend, indemnify, and hold harmless One Hundred Tables from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Site. One Hundred Tables reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with One Hundred Tables in asserting any available defenses.
M. Arbitration and Jurisdiction