Last modification: 2018-05-04
1.2. The Platform and the Services are available only to users who can form legally binding contracts under applicable law. By using the Platform or the Services, you hereby represent and warrant that you are at least eighteen (18) years of age and are not barred from using the Platform or the Services, under applicable law.
3. USE OF PLATFORM
3.2. You may not engage in any of the following prohibited activities:
3.2.1. using the Platform for purposes other than the Authorized purposes;
3.2.2. copying, distributing, or disclosing any part of the Platform in any medium, including by any automated or non-automated web scraping tool or technique;
3.2.3. using any automated system, including “robots”, “spiders” and “offline readers”, to access the Platform;
3.2.4. transmitting, via the Platform, spam, chain letters, or other unsolicited emails;
3.2.5. attempting to interfere with the servers running the Platform, compromise their system integrity or security, or decipher any transmissions to or from them;
3.2.6. taking any action that, at Better Be Grilled’s sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Platform infrastructure;
3.2.7. uploading invalid data, viruses, worms, or other malware through the Platform;
3.2.8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Platform;
3.2.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
3.2.10. interfering with the proper functioning of the Platform;
3.2.11. accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; or
3.2.12. bypassing the measures that Better Be Grilled may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content therein.
4. ELECTRONIC COMMUNICATIONS
When you provide Better Be Grilled with your email address via the Platform, you expressly consent that Better Be Grilled will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you to (i) validate certain information relating to your account, (ii) send you copies of your purchase bills by email, (iii) keep you informed of the status of your account on the Platform, (iv) conduct surveys or verifications relating to the Platform, namely its functionalities, user-friendliness or your appreciation of the Platform, or (v) any other purpose relating to the Platform, the Services, or security of users.
5. INTELLECTUAL PROPERTY
5.1. All trademarks (including words, expressions and logos) used by Better Be Grilled for the purposes of distinguishing or so as to distinguish its own goods or services from those of others are owned by Better Be Grilled. Better Be Grilled’s trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Better Be Grilled.
5.2. All original works (including photographs, videos, designs and logos) reproduced or published on the Platform are protected by copyright. The owner of the copyright in each of such works reserve all its rights relating thereto. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
5.3. This Platform or any part thereof may also be protected by industrial designs or patents. Better Be Grilled reserves all rights to the Platform not expressly granted.
5.4. You agree not to challenge the validity and property of Better Be Grilled’s intellectual property rights.
6. NO WARRANTY
The Platform is provided to you “as is” as “as available”, without any warranties of any kind. You acknowledge and agree that you assume all risks arising from your access or use of the Platform. Better Be Grilled makes no representation or warranty regarding the Platform, the Services and the functionalities, including warranties regarding (i) the merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of third parties, (ii) the functioning of the Platform and the Services without error or interruption and in a safe manner, (iii) the fact that the use of the Platform will meet your expectations and needs, (iv) the accuracy, exhaustiveness, reliability and relevance of the Platform, (v) the correction of defaults or errors in the Platform, (vi) the absence of viruses or damageable elements in the Platform, and (vii) the secure transmission and without interruption of communications via the Platform.
The Platform may contain links to third-party websites. Better Be Grilled grants access to such hyperlinks to users out of commodity. You agree and acknowledge that Better Be Grilled is not responsible for the availability of such websites, nor the accuracy of their content, products, or services available on such websites. Links to such websites do not imply any endorsement by Better Be Grilled of those websites. You acknowledge that you assume all risks arising from your use of any such websites.
8. LIMITATION OF LIABILITY
8.1. To the extent permitted by law, Better Be Grilled, its affiliates, officers, employees, agents, licensees, successors and assigns, may not, under any circumstances, be held liable for any damages of any nature, indirect, special or consequential, including the loss of use, loss of profits or loss of data, arising directly or indirectly out of or in any way connected with the use or the performance of the Platform.
8.2. To the extent permitted by law, Better Be Grilled, its affiliates, officers, employees, agents, licensees, successors and assigns, decline all responsibility for any acts, omissions or conduct of any third party user of the Platform or the Services and may not in any case be held responsible for any prejudice, loss or damage (including special, indirect or accessory damages) or fees resulting in any way from acts, omissions or conduct of a third party user of the Platform and the Services.
10.2. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.
10.3. The provisions of this agreement which, by their nature, should survive termination of this agreement, shall so survive, including the intellectual property, warranty disclaimers, limitations of liability and indemnification provisions. Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to the termination or limit any liability that you otherwise may have to Better Be Grilled or any third party.
12. COMMUNICATE WITH US
Better Be Grilled appreciates your comments, questions and feedback, which may be forwarded to [email protected].