Seamless owns and operates this website (www.insomniacookiesupperwest.com), Seamless.com, and the related mobile sites and/or selected other domains as well as our blog (blog.seamless.com) (collectively, the "Sites"). As used in this Agreement, "Seamless," "we," "us," or "our" shall mean Seamless North America, LLC, its subsidiaries and affiliates, and their officers, directors, employees, agents or representatives.
By accessing or using the Sites or using any service provided by or referenced in the Sites, you signify your assent to the terms and conditions of use and the privacy policies contained on or referenced in the Sites (the "Agreement"). If you do not agree to this Agreement, please do not use the site. As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time. All modifications to this Agreement will be effective immediately upon our posting of any modifications on this site, and you hereby agree to any modifications. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
The Sites, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Sites, or contained on the Sites ("Materials") are owned and operated by Seamless. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. By accessing and using the Sites, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the Sites. No Materials from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of Seamless’ trademark, copyright, trade dress and other proprietary rights. The use of any such Material on any other site or networked computer environment is prohibited. Except as otherwise indicated on the Sites and except for the trademarks, service marks and trade names of other companies that are or may be displayed on the Sites, all trademarks, service marks and trade names are proprietary to Seamless. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of Seamless or such other party as may own the proprietary rights.
By accessing or using the Sites, you acknowledge that third party service providers or vendors may impose additional terms and conditions of use set forth elsewhere in this Agreement or on such third party’s site. Your use of Materials provided by such third party service providers or vendors is also subject to those additional terms and conditions of use.
In the event that you download any software from the Sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is non-exclusively licensed to you by Seamless. Seamless does not transfer title to the Software to you. Seamless retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Unless otherwise noted, all Materials are owned, licensed or controlled by Seamless or the party credited as the provider of the Materials ("Third Party Provider"). You agree that you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile, decompile, reverse engineer, disassemble or create derivative works from any Materials or otherwise transfer any of the Materials to any third person without the express written permission of Seamless or the appropriate Third Party Provider. Except as specifically permitted by this Agreement, any use of the Materials contained or provided through this Website is strictly prohibited.
The trademarks, service marks, domain names and trade dress displayed on the Sites, whether registered or unregistered, are owned by Seamless unless otherwise noted, and are protected by trademark laws in the United States and other countries. Seamless’ marks, names, logos and trade dress include, but are not limited to, the following: SEAMLESS; Seamless.com Website trade dress. The use or misuse of these trademarks/service marks or any other Materials, except as permitted herein, is expressly prohibited and may be in violation of trademark laws, unfair competition laws and/or other relevant laws. Please be advised that Seamless actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
THE MATERIALS IN THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEAMLESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THIS WEBSITE AND THE MATERIALS HEREIN ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEAMLESS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEAMLESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT SEAMLESS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Under no circumstances, including, but not limited to, negligence, shall Seamless or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Materials in the Sites, even if Seamless or a Seamless authorized representative has been advised of the possibility of such damages. In no event shall Seamless have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing or using the Sites or engaging the services of or purchasing product(s) of a third party through or after accessing the Sites.
The Sites may contain links to other websites which are developed, sponsored and/or maintained by third parties. Seamless does not review, monitor, operate or control any such third party website accessible through these links, and is not responsible for the content available on or through such third party websites. By providing access to the linked websites, Seamless is not recommending or endorsing the products or services provided by the sponsor or owner of those websites. Seamless makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. Seamless reserves the right to discontinue links to any other website at any time and for any reason.
We may provide interactive opportunities on the Sites, including, without limitation, user ratings and reviews, saved favorites, liked items and bookmarked restaurants, (collectively, "Interactive Areas") for the enjoyment of our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Sites ("User Content"). In addition, in consideration of the Sites accepting User Content, you hereby grant to Seamless an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Sites and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Sites throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the "Uses") and the right to, in Seamless' sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to Seamless’ disclosure of any information related to your use of the Site in any capacity in connection with Seamless' display of your User Content on the Site. You also agree to indemnify and hold Seamless harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of the Uses of the User Content that you submit on our Sites. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
Any submissions or postings by users to certain parts of the Sites, including, without limitation, Interactive Areas, will be public and posted in public areas on our Sites. Seamless and any contract or operational providers that conduct, operate and/or manage any portion of the Sites will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Sites.
By participating in any of the aforementioned activities, all users agree to follow the Sites' standards of conduct. The Sites reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment of our Sites. The Sites will also cooperate with local, state and/or federal authorities to comply with applicable law.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, transmit, upload or otherwise make available through our Sites. You agree not to use the Interactive Areas or the Sites to make available any content that:
Seamless respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Seamless’ Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
By using and accessing this Website, you agree that you will not use the site for any unlawful purpose or engage in any use prohibited by this Agreement. You further agree that you will not use the Website in any manner that could damage, disable, overburden or impair any Seamless server, or the network(s) connected to any Seamless server, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt, through any means, to gain unauthorized access to any part of the Sites or any service, other account, computer system or network connected to any Seamless server.
Seamless reserves the right, in its sole discretion, to monitor any and all use of the Sites.
Seamless reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Sites.
You acknowledge and agree that your access to and use of the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Sites, shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by Seamless of any provision of this Agreement must be in writing.