Terms of Use
The following terms and conditions govern all use of the myeveningout.com website (the "Site") and all content, services and products available at or through the website.
The Website is owned and operated by My Evening Out Directories, Inc. ("My Evening Out").
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, My Evening Out's Privacy Policy) and procedures that may be published from time to time on this Site by My Evening Out (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by My Evening Out,
acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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Your My Evening Out Profile or Registered Site User Account. You must immediately notify My Evening Out of any unauthorized access to your account or any other breaches of security.
My Evening Out will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
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Responsibility of Profile Contributors. If you provide profile or otherwise post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
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the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to My Evening Out for inclusion on our Website, you grant My Evening Out a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content. If you delete Content, My Evening Out will use reasonable efforts to remove it from the Website, but you acknowledge that caching
or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, My Evening Out has the right (though not the obligation) to, in My Evening Out's sole discretion (i)
refuse or remove any content that, in My Evening Out's reasonable opinion, violates any My Evening Out policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or entity for any reason, in My Evening Out's sole discretion.
My Evening Out will have no obligation to provide a refund of any amounts previously paid.
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Responsibility of Website Visitors. My Evening Out has not reviewed, and cannot review, all of the material, including computer software, posted to the Website,
and cannot therefore be responsible for that material's content, use or effects. By operating the Website, My Evening Out does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or unstated. My Evening Out disclaims any responsibility for any harm resulting from the use by visitors
of the Website, or from any downloading by those visitors of content there posted.
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Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites
and webpages to which myeveningout.com links, and that link to myeveningout.com. My Evening Out does not have any control over those websites and webpages, and is not
responsible for their contents or their use. By linking to another site My Evening Out does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful
or destructive content. My Evening Out disclaims any responsibility for any harm resulting from your use of other websites and webpages.
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Copyright Infringement. As My Evening Out asks others to respect its intellectual property rights, it respects the intellectual property rights of others.
If you believe that material located on or linked to by My Evening Out.com violates your copyright, you are encouraged to notify My Evening Out. My Evening Out
will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
My Evening Out will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer
of the copyrights or other intellectual property rights of My Evening Out or others. In the case of such termination, My Evening Out will have no obligation to provide
a refund of any amounts previously paid to My Evening Out.
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Intellectual Property. This Agreement does not transfer from My Evening Out to you any My Evening Out or third party intellectual property, and all rights,
title and interest in and to such property will remain (as between the parties) solely with My Evening Out. My Evening Out, myeveningout.com, the My Evening Out logo,
and all other trademarks, service marks, graphics and logos used in connection with My Evening Out, or the Website are trademarks or registered trademarks of My Evening Out
or My Evening Out's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any My Evening Out or third-party trademarks.
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Changes. My Evening Out reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
My Evening Out may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
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Termination. My Evening Out may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your My Evening Out account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing,
if you have a Profile account, such account can only be terminated by My Evening Out if you materially breach this Agreement and fail to cure such breach within thirty
(30) days from My Evening Out's notice to you thereof; provided that, My Evening Out can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability
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Disclaimer of Warranties. The Website is provided "as is". My Evening Out and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither My Evening Out nor its suppliers and partners,
makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
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Limitation of Liability. In no event will My Evening Out, or its suppliers or partners, be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data;
(iv) for any amounts that exceed the fees paid by you to My Evening Out under this agreement during the twelve (12) month period prior to the cause of action.
My Evening Out shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the My Evening Out Privacy Policy, with this Agreement
and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province/state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights of any third party.
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Indemnification. You agree to indemnify and hold harmless My Evening Out, its contractors, and its partners, and their respective directors, officers,
employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited
to your violation of this Agreement.
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Miscellaneous. This Agreement constitutes the entire agreement between My Evening Out and you concerning the subject matter hereof, and they may only be modified by
a written amendment signed by an authorized executive of My Evening Out, or by the posting by My Evening Out of a revised version. Except to the extent applicable law,
if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict
of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance with the ADR Chambers Arbitration Rules of ADR Chambers Canada by a single arbitrator appointed
in accordance with such Rules. The arbitration shall take place in Toronto, Canada, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
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If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions
will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by,
its terms and conditions; My Evening Out may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit
of the parties, their successors and permitted assigns.