EatItalian.com Terms of Use

EatItalian.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with people who are passionate about Italian food, Italian Restaurants and Italian lifestyle. EatItalian.com is operated by Greenlight Media, Inc., a New York based company.  The services offered by EatItalian.com ("EatItalian.com" or "we") include the EatItalian.com website (the "EatItalian.com Website") and any other features, content, or applications offered from time to time by EatItalian.com in connection with the EatItalian.com Website (collectively, the "EatItalian.com Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the EatItalian.com Services. By using the EatItalian.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the EatItalian.com Website) or you are a "Member" (which means that you have registered with EatItalian.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the EatItalian.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the EatItalian.com Website and discontinue use of the EatItalian.com Services immediately. If you wish to become a Member, communicate with other Members and make use of the EatItalian.com Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes EatItalian.com's policy for acceptable use of the EatItalian.com Services and Content posted on the EatItalian.com Website, your rights, obligations and restrictions regarding your use of the EatItalian.com Services and EatItalian.com's Privacy Policy. In order to participate in certain EatItalian.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EatItalian.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: admin (at) EatItalian.com, Subject: Terms of Use Agreement.

EatItalian.com may modify this Agreement from time to time and such modification shall be effective upon posting by EatItalian.com on the EatItalian.com Website. You agree to be bound to any changes to this Agreement when you use the EatItalian.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on EatItalian.com and that you provide to other Users. Your EatItalian.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other EatItalian.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EatItalian.com assumes no responsibility or liability for this material. If you become aware of misuse of the EatItalian.com Services by any person, please contact EatItalian.com at reportabuse (at) EatItalian.com.

EatItalian.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including profiles, recipes, forum postings, comments, photos or chat comments) by you, or to restrict, suspend, or terminate your access to all or any part of the EatItalian.com Services at any time, for any or no reason, with or without prior notice, and without liability.
 

We provide the EatItalian.com Services "as is," "with all faults," and "as available." We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

• Goods and Services Sold in the Marketplace:We do not sell goods or services in the Marketplace; Members who sell goods or services in the Marketplace are the sellers. If, however, we should be found to be the seller despite the terms of this User Agreement, the goods or services are sold "as is," "with all faults," and "as available." The entire risk as to the quality and performance of the goods and services is with the buyer. Should the goods or services prove defective following their purchase, the buyer and not EatItalian.com assumes the entire cost of all necessary servicing or repair.
• Taxes: If you sell goods or services in the Marketplace or through any EatItalian.com Service, you are responsible for calculating and paying all applicable taxes.
• Content Posted on EatItalian.com: We are not responsible for Users' actions or inactions, including things they post. We are not responsible for any incorrect or inaccurate content posted on the EatItalian.com Web site or in connection with the EatItalian.com Services, whether caused by Users of the EatItalian.com Services or by any of the equipment or programming associated with or used in the EatItalian.com Services.
• Links to Other Sites: Profiles, Web sites, blogs, forums, groups and other communications created and posted by Members on the EatItalian.com Web site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed, and we do not investigate, monitor or check for accuracy or completeness. Inclusion of any linked Web site on the EatItalian.com Services does not imply that we approve or endorse it. When you access these third-party sites, you do so at your own risk.
• Advertisements: We are not responsible for the conduct of third parties who post advertisements on the EatItalian.com Web site or through the EatItalian.com Services, or for the goods or services provided by these third parties.
• Users:We are not responsible for the conduct, whether online or offline, of any User of the EatItalian.com Services.
• User Communications:We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any User or Member communication or your Content.
• Technical or Computer Issues:  We cannot guarantee continuous or secure access to the EatItalian.com Services. Operation of the EatItalian.com Web site or the EatItalian.com Services may be disrupted or interfered with by numerous factors both within and outside of our control. The data stored on our servers may be corrupted, lost, or otherwise impaired. We are 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 any email or other system due to technical problems or traffic congestion on the Internet or on any of the EatItalian.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EatItalian.com Services.
• Eligibility. Use of and Membership in the EatItalian.com Services is void where prohibited. By using the EatItalian.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the EatItalian.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
• Term. This Agreement shall remain in full force and effect while you use the EatItalian.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. EatItalian.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including all of the sections of this agreement.
• Fees.  Currently EatItalian.com does not charge Users/Members for use of its services. However, as features are added and if a premium service is available, you acknowledge that EatItalian.com reserves the right to charge for the EatItalian.com Services and to change its fees from time to time in its discretion. If EatItalian.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
• Password.  When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify EatItalian.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
• Non-commercial Use by Members.  The EatItalian.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EatItalian.com. Illegal and/or unauthorized use of the EatItalian.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EatItalian.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation will be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EatItalian.com Services.

Content

Proprietary Rights in Content on EatItalian.com.

EatItalian.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the EatItalian.com Services.  When you provide us Content, you grant EatItalian.com a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the EatItalian.com Services, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses.

You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose. By posting, displaying, or otherwise providing any Content on or through the EatItalian.com Services, you are granting to EatItalian.com and to other Users the right to use, copy, distribute, display, and modify your Content in connection with the EatItalian.com Services. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images.

The license you grant to EatItalian.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to EatItalian.com), fully-paid and royalty-free  (meaning that EatItalian.com is not required to pay you for the use on the EatItalian.com  Services of your Content), sub licensable (so that EatItalian.com is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the EatItalian.com Services), and worldwide (because the Internet and the EatItalian.com Services are global in reach). For each submission of Content, you must have all rights   necessary for you to grant the permissions in this section and your submission of Content includes a representation that you have such rights. Without this license, EatItalian.com would be unable to provide the EatItalian.com Services. For example, without the right to modify Member Content, EatItalian.com would not be able to digitally compress photo files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, EatItalian.com could not allow Users to browse, read or print recipes posted by Members.

The EatItalian.com Services may contain proprietary information, materials, and original works of authorship owned by EatItalian.com or licensed to EatItalian.com by third parties ("EatItalian.com Content"). EatItalian.com grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the EatItalian.com Content (excluding any software code) solely for your personal use in connection with any authorized use of the EatItalian.com Web site and accessing the EatItalian.com Services. EatItalian.com reserves all other rights in and to the EatItalian.com Content. You may not modify, translate, or create derivative works of any EatItalian.com Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any EatItalian.com Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with EatItalian.com Content.

In the event EatItalian.com creates a cookbook or other text, podcast or other publication featuring content found on EatItalian.com, EatItalian.com will notify you if your recipe, profile content or any other content you have on EatItalian.com has been chosen. At that time, we will ask for permission to publish your information. This does not apply to marketing and PR efforts such as, but not limited to, newsletter distribution and media outreach.

You represent and warrant that: (i) you own the Content posted by you on or through the EatItalian.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the EatItalian.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

1. EatItalian.com may delete any Content that in the sole judgment of EatItalian.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EatItalian.com assumes no responsibility for monitoring the EatItalian.com Services for inappropriate Content or conduct. If at any time EatItalian.com chooses, in its sole discretion, to monitor the EatItalian.com Services, EatItalian.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the EatItalian.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. EatItalian.com does not endorse and has no control over the Content. Content is not necessarily reviewed by EatItalian.com prior to posting and does not necessarily reflect the opinions or policies of EatItalian.com. EatItalian.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
3. In the event that you delete your account, EatItalian.com has the right to keep your content that includes, but not limited to, recipes, profile, forum postings, recipe comments, photos and any other content you posted while a Member. Your personal information will set to private and your email address will be excluded from all communications. In the event EatItalian.com would like to publish your recipe you will be contacted for permission, this does not include recipe of the day, featured members, newsletter and media outreach.
4. EatItalian.com is not responsible for errors in recipes or cooking and baking tips, misleading content including photos of recipes and shall not be held responsible for sickness, food allergies or death if recipe is made and consumed by Users. This also applies to recipes consumed by third parties. EatItalian.com is not responsible for any tips or advice given on the site and other EatItalian.com Sevices by either another User or EatItalian.com. EatItalian.com does not check for accuracy on recipes, forum posts, cooking, baking tips or newsletter information. If the content submitted by a User or EatItalian.com or any of the EatItalian.com Services is inaccurate EatItalian.com Inc, or EatItalian.com cannot be held liable for damages.

 

Content/Activity Prohibited.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EatItalian.com Services. EatItalian.com reserves the right to investigate and take appropriate legal action against anyone who, in EatItalian.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the EatItalian.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EatItalian.com:

1.  is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2.  harasses or advocates harassment of another person;

3.  exploits people in a sexual or violent manner;

4.  contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5.  solicits personal information from anyone under 18;

6.  provides any telephone numbers, street addresses, URLs or email addresses;

7.  promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.  promotes an illegal or unauthorized copy of another person's copyrighted work;

9.  involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10.  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);\

11.  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

12.  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13.  involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14.  includes a photograph of another person that you have posted without that person's consent; or joining and participating in a EatItalian.com contest, sweetpstakes or giveaway as a sweepstakes enthusiast or using an auto-fill program to enroll in contests and sweepstakes.

Marketplace

EatItalian.com membership is free. We charge fees for using some services, including a transaction fee or a percentage of selling price for items sold in the Marketplace, Sponsored Links, Featured Businesses, and Featured Products.  When you use a EatItalian.com Service that has a fee you have an opportunity to review and accept the fee that you will be charged based on our fee schedule, which we may change from time to time. We may choose to change the fees for our services temporarily for promotional events or new services, and such changes are effective when we post the temporary promotional event or new EatItalian.com Service.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the EatItalian.com Services in a timely manner with a valid payment method.

When you are accepted to register to sell items in the Marketplace, we will create a vendor account for you. All sales made through the Eatitalian.com service are subject to our transaction or percentage of selling price fees.  When sales are made by EatItalian.com members or the public, we process the credit card through Authorize.net.  Orders are then posted to your vendor account and are considered ready for fulfillment by you.  We will make payment to you twice per month on fully completed and shipped orders upon payment request made by you to us.  All payment to vendors will be made by check or wire transfer.   

Vendors who sell in the EatItalian.com marketplace are fully responsible for customer service, fulfillment and customer relations.  The EatItalian.com marketplace is simply a platform for you to sell your merchandise.  EatItalian.com is not responsible in an way for customer refunds, customer service, customer information or any other marketplace related service regarding EatItalian.com members or the public.

The conveyance of real property must take place in accordance with the laws of the relevant jurisdiction. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between EatItalian.com and any seller or buyer of real estate. EatItalian.com makes no representations about any real property advertised using the EatItalian.com Services; about the sellers of such properties; about the payment of any commissions that may otherwise be due to any third parties in connection with the purchase and sale or real property; about the accuracy of information provided by sellers; or about the financial capabilities of prospective buyers.

The following types of goods and services are prohibited from the EatItalian.com Services, including but not limited to the Marketplace. THIS IS NOT A COMPLETE LIST. Any transaction that is otherwise prohibited by the law of any jurisdiction applicable to the transaction shall be prohibited from the EatItalian.com Services. We, in our sole discretion, reserve the right to prohibit any goods or services for any reason without notice. Users must not list goods or services in the Marketplace that require government authorization for distribution to third parties unless they take all necessary steps to ensure that purchases are made only as authorized by law.

1. Goods or services that are illegal to sell or encourage unlawful activity such as embargoed goods; goods from prohibited countries; human parts and remains; lock picking devices; police-related items; stolen property; property with removed serial numbers; counterfeit currency and stamps; drugs and drug paraphernalia; postage meters unless you are authorized by the U.S. Postal Service; recalled items; counterfeit items; used cosmetics; used clothing that presents a health issue; bonuses, prizes, giveaways, and raffles used as a incentives for your buyers; and goods imported into the United States that infringe intellectual property rights of another.
2. Goods or services that are ultra-hazardous such as explosives, radioactive materials, and certain hazardous chemicals;
3. Goods or services that are heavily regulated such as animals and wildlife products; firearms except for antique firearms as defined by the Gun Control Act of 1968 unless further regulated or prohibited by the laws of your jurisdiction; weapons; switchblade knives; explosives; government and transit documents; government and transit uniforms; government identifications and licenses; hazardous, restricted, and perishable items that cannot be shipped by the U.S. Postal Service or a reasonably available private shipping or delivery service; plants and seeds that have been quarantined by your local or federal government; lottery tickets; stocks and other securities; and cigarettes.
4. Goods or services that are regulated unless you comply with all laws, regulations, and ordinances pertaining to the transaction. Laws and regulations control the of sale items such as alcohol; artifacts; native American arts and crafts, prescription pharmaceuticals (must be sold with a prescription from a physician licensed in the appropriate jurisdiction); drugs and drug like substances; pesticides; medical devices; tobacco products except cigarettes; and warranties for goods or services that do not comply with applicable law. This is not a complete list, and the links provided are for your convenience only. It is your duty to investigate and comply with all laws, regulations, and ordinances that apply to your transactions.
5. Goods that are fraudulent, including as any item with a forged autograph or certificate of authenticity.
6. Goods or services that you are not permitted to sell due to the contract rights of another, as including certain contracts, tickets, gift cards, and coupons.
7. Goods or services that violate the intellectual property rights, publicity rights or privacy rights or encourage the violation of intellectual property rights, publicity rights or privacy rights such as academic software; items that misuse a brand name; downloadable media; OEM software; satellite and cable TV descramblers or other circumvention equipment; teacher's edition textbooks; unauthorized copies; beta software; bootleg recordings; compilation and informational media; recordable media; MOD chips; game enhancers; boot discs; and movie prints.
8. Goods or services that circumvent the intent of the EatItalian.com Marketplace such as catalogs offering to sell goods or services, mailing lists for sale or rent, personal information for sale or rent, offensive material, and your EatItalian.com account for sale or rent.

      Copyright Policy.  Please refer to our Copyright policy.

1. Member Disputes. You are solely responsible for your interactions with other EatItalian.com Members. EatItalian.com reserves the right, but has no obligation, to monitor disputes between you and other Members.  If you have a dispute with one or more Users, you release EatItalian.com, (and Greenlight Media Inc., officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, and employees) from claims, liabilities, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a resident of California or a jurisdiction with a similar law, you waive California Civil Code §1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" or any similar law.

If two or more Members claim the same business name, location, telephone number, e-mail address, Web site, or other means of identification, we will determine, in our sole discretion, to which Member, if any, it should be awarded, and our decision will be final and binding unless one of the affected Members invokes arbitration against all other affected Member(s). Any controversy or claim arising out of or relating to a dispute over which Member shall be entitled to claim a business name, location, telephone number, e-mail address, Web site, or other means of identification, shall be settled by arbitration between the affected Members administered by the American Arbitration Association under its Commercial Arbitration Rules with Expedited Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We will not be a party to the arbitration or pay any arbitration fees or costs, but will abide by the arbitrator's award, unless set aside by a court.

1. Privacy. Use of the EatItalian.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Please refer to our Privacy Policy.
2. Disclaimers. EatItalian.com is not responsible for any incorrect or inaccurate Content posted on the EatItalian.com Website or in connection with the EatItalian.com Services, whether caused by Users of the EatItalian.com Services or by any of the equipment or programming associated with or utilized in the EatItalian.com Services. Profiles created and posted by Members on the EatItalian.com Website may contain links to other websites. EatItalian.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EatItalian.com. Inclusion of any linked website on the EatItalian.com Services does not imply approval or endorsement of the linked website by EatItalian.com. When you access these third-party sites, you do so at your own risk. EatItalian.com takes no responsibility for third party advertisements which are posted on this EatItalian.com Website or through the EatItalian.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. EatItalian.com is not responsible for the conduct, whether online or offline, of any User of the EatItalian.com Services. EatItalian.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, any User or Member communication. EatItalian.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 any email or players due to technical problems or traffic congestion on the Internet or on any of the EatItalian.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EatItalian.com Services. Under no circumstances shall EatItalian.com be responsible for any loss or damage, including personal injury or death, resulting from use of the EatItalian.com Services, attendance at a EatItalian.com event, from any Content posted on or through the EatItalian.com Services, or from the conduct of any Users of the EatItalian.com Services, whether online or offline. The EatItalian.com Services are provided "AS-IS" and as available and EatItalian.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EatItalian.com cannot guarantee and does not promise any specific results from use of the EatItalian.com Services.
3. Limitation on Liability.  

WE ARE NOT RESPONSIBLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATION IN OR USE OF THE EATITALIAN.COM SERVICES, ATTENDANCE AT A EATITALIAN.COM EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE EATITALIAN.COM SERVICES, FROM THE GOODS OR SERVICES SOLD THROUGH THE EATITALIAN.COM SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE EATITALIAN.COM SERVICES, WHETHER ONLINE OR OFFLINE.  IN NO EVENT SHALL EATITALIAN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EATITALIAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EATITALIAN.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EATITALIAN.COM FOR THE EATITALIAN.COM SERVICES DURING THE TERM OF MEMBERSHIP.

If EatItalian.com should be found liable despite the terms of this User Agreement, you can recover from EatItalian.com only your actual direct damages up to an amount equal to the greater of (a) the fees you paid to EatItalian.com in the 12 months before the act giving rise to the liability, or (b) $100. You cannot recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed, whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose.

This limitation applies to:

• any matter related to the EatItalian.com Services;
• any matter related to content or intellectual property (including code) on third-party Web sites, third-party programs or third-party conduct;
• any matter related to viruses or other disabling features that affect your access to or use of the EatItalian.com Services;
• any matter related to incompatibility between the EatItalian.com Services and other services, software and hardware;
• any matter related to delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the EatItalian.com Services in an accurate or timely manner; and
• claims for breach of contract, breach of warranty or guarantee, consumer protection, consumer fraud, unfair competition, strict liability, negligence, fraud, or other tort to the extent permitted by applicable law.

It also applies even if:

• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• we knew or should have known about the possibility of damages.

Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.

5.  U.S. Export Controls. Software available in connection with the EatItalian.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the EatItalian.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

6. Disputes.  If there is any dispute about or involving the EatItalian.com Services, you agree that the dispute shall be governed by the laws of the County of Westchester, State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, County of Westchester. Either EatItalian.com or you may demand that any dispute between EatItalian.com and you about or involving the EatItalian.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, USA, provided that the foregoing shall not prevent EatItalian.com from seeking injunctive relief in a court of competent jurisdiction.

7.  Indemnity. You agree to indemnify and hold Greenlight Media, Inc.,  EatItalian.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the EatItalian.com Services 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 and/or if any Content that you post on the EatItalian.com Website or through the EatItalian.com Services causes EatItalian.com to be liable to another.

8. Other. This Agreement is accepted upon your use of the EatItalian.com Website or any of the EatItalian.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and EatItalian.com regarding the use of the EatItalian.com Services. The failure of EatItalian.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EatItalian.com is a trademark of EatItalian.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: admin@EatItalian.com with any questions regarding this Agreement.