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TastingSpace Policies
Copyright 2008, Viand Kansas City, LLC. All rights reserved.
I. Terms of Use & Privacy Policy.
Viand Kansas City, LLC provides this web site so users may easily access the most comprehensive information on Kansas City restaurants as possible. By using TastingSpace.com, you agree to the following "Terms of Use:"
- Information use. All materials available on TastingSpace.com are for personal, non-commercial use only. You may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer, sale or license of, create new works from, perform, or in any other way exploit, any portion of TastingSpace.com, in whole or in part, without the express written consent of Viand Kansas City, LLC, the owner of TastingSpace.com (hereinafter "TastingSpace.com"). You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from TastingSpace.com, in any manner or in any quantities not authorized by TastingSpace.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TastingSpace.com or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing TastingSpace.com name or trademarks without the express written consent of Viand Kansas City, LLC. Systematic retrieval of the content or other data from TastingSpace.com to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Viand Kansas City, LLC is strictly prohibited. TastingSpace.com reserves the right to refuse service, terminate accounts and cancel agreements, if we determine violations occurred.
- Copyrights. Everything on TastingSpace.com, including, but not limited to, restaurant photos, text, graphics, logos, icons, images, audio, data and software, is either owned by TastingSpace.com or our content suppliers and is protected by U.S. and international copyright laws. The compilation of all the materials is owned solely by TastingSpace.com and protected by U.S. and international copyright laws. All software used on the site is owned by TastingSpace.com or its software suppliers and is protected by U.S. and international copyright laws.
- Trademarks. All trademarks, servicemarks, designs, logos and other marks or images ("trademarks") are the registered or unregistered trademarks of TastingSpace.com and our suppliers. They may not be reproduced or used in any way without the express written consent of TastingSpace.com or the relevant supplier.
- Disclaimer. TASTINGSPACE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND SERVICE. ACCORDINGLY, TASTINGSPACE.COM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TASTINGSPACE.COM MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (I) THAT YOUR ACCESS TO TASTINGSPACE.COM WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES OR ANY OTHER INVASIVE OR DESTRUCTIVE FORCES, OR (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN TASTINGSPACE.COM. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE AND SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL TASTINGSPACE.COM OR ANY PERSON OR ENTITY AFFILIATED WITH TASTINGSPACE.COM BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE, TASTINGSPACE.COM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnity. You hereby agree to indemnify, defend and hold harmless TastingSpace.com, and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (and any user of your account and recipient to whom you have forwarded E-mails) of these Terms or the above-described representations and warranties contained herein. TastingSpace.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs.
- Reader Comments and Interactive Components of TastingSpace.com. The reader comment and interactive components of TastingSpace.com allow are provided to you solely for personal, non-commercial purposes. In making submissions to the reader's comment and other interactive components of the Service, you shall not use any language or material, or otherwise engage in any conduct, that is or might reasonably be perceived to be defamatory, obscene, pornographic, abusive, hateful, threatening, harassing, disrespectful, embarrassing, discriminatory (on the basis of race, religion, age, gender, sexual preference, disability, nationality, etc.), infringing (of any third party copyright, trademark, trade secret, publicity right, privacy right, proprietary, etc.), fraudulent or otherwise illegal, offensive or disruptive. In making submissions to the reader's comment and other interactive components of the TastingSpace.com, you further shall not (a) impersonate any person or entity, nor misstate your affiliation with a person or entity, (b) transmit any unsolicited or unauthorized advertising or promotional materials (including, without limitation, junk mail or spam), (c) transmit any material that contains computer viruses or any other invasive or destructive forces. In making submissions to the reader's comment and other interactive components of the TastingSpace.com, you consent to them (a) being displayed on the Web site, (b) being used by TastingSpace.com for any promotional purposes deemed appropriate by TastingSpace.com in its sole discretion, (c) being edited, moved and/or removed by TastingSpace.com to the extent TastingSpace.com determines, in its sole discretion, that they violate any of the provisions above.
- Privacy Policy. Your privacy is of utmost importance to TastingSpace.com. With the expanded use and reach of the Internet we realize that we must take every precaution possible to make certain information on our clients and users is protected. Our privacy policy applies to all information collected or submitted on the TastingSpace.com web site, including but not to the exclusion of other information, names, addresses, phone numbers, credit or debit card information, email addresses, gender or birth dates. Like most web sites, TastingSpace.com uses cookies. For registered users they are used to store user identification and password information; for non-registered users we might use a cookie to track return visitors to the site. Cookies may be disabled, but remember that if you disable them you may not be able to use some TastingSpace.com areas or features. When you provide personal information, we will use it only to complete your orders or requests. We will not share the information with outside parties except as it is necessary for processing your request or order. We will only use return email addresses to answer your email; we will not share the addresses with anyone else. We will never use your personal information in any way without asking your permission to do so. To ensure data accuracy and the correct use of information, and to prevent unauthorized access, we have installed physical and electronic safeguards and management procedures and policies to protect all information we collect. We will never maintain information on anyone we know is younger than 13 years, and we have sought to make sure no part of our site is designed to attract anyone under 13.
- Links. TastingSpace.com may contain links to other Internet sites and resources ("Third Party Sites"). TastingSpace.com is not responsible for the availability of these Third Party Sites or the contents thereof. The presence of links to these Third Party Sites does not imply TastingSpace.com's endorsement of or affiliation with the Third Party Sites. Your use of these Third Party Sites is at your sole risk, and you are solely responsible for compliance with the terms and obligations applicable to the Third Party Sites.
- Modifications in Service and Terms of Use. TastingSpace.com may change, suspend or discontinue its service at any time in its sole discretion. TASTINGSPACE.COM MAY AMEND THESE TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH CHANGES TO THESE TERMS OF USE WILL BE POSTED ON THE WEB SITE AND/OR IN E-MAILS AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY ACCESSING, READING OR OTHERWISE USING THE WEB SITE OR ANY COMPONENT OF THE SERVICE AFTER TASTINGSPACE.COM POSTS ANY SUCH CHANGES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS AMENDED.
- Miscellaneous. These Terms of Use shall be construed and enforced in accordance with the laws of the State of Missouri. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in the City of Kansas City, Missouri. If any provision of these Terms of Use is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of these Terms of Use shall not be affected. Failure to enforce any provision of these Terms of Use shall not constitute a waiver of the right later to enforce it.
TastingSpace.com is owned and operated by Viand Kansas City, LLC. All rights reserved. 2007. If you have any questions, please contact info@tastingspace.com.
II. Menu Disclaimer.
All menu Items and Prices are subject to change.
Disclaimer. Viand Kansas City, LLC (dba "TastingSpace.com") has relied on restaurants and other sources for all content, including menus and prices. TastingSpace.com does not endorse or guarantee the quality or safety of any products or services listed, either on TastingSpace.com or any linked sites. TastingSpace.com accepts no liability for either the quality or safety of products or services, or for prices or other information made available on the site, including but not limited to changes in contact information, menus, prices, ownership, management, or other factual information. All information is provided "as is," without warranty, either expressed or implied, including but not limited to warranty of non-infringement or implied warranty of merchantability or fitness for a particular purpose. TastingSpace.com is in no event liable to users or others for any indirect, incidental, consequential, or punitive damages arising out of the use of the TastingSpace.com.
Limited Permission. Users may download or use material displayed on TastingSpace.com for noncommercial, personal use only. All copyright and other proprietary notices displayed on the materials must be retained. Users may not distribute, change, transmit, post, or otherwise use the content of TastingSpace.com for public or commercial purposes without the written permission of TastingSpace.com. TastingSpace.com reserves the right to refuse service, terminate accounts, and cancel orders of entities whose conduct TastingSpace.com believes violates the Terms of Use ("Terms"). Please check these Terms from time to time, as TastingSpace.com may change the Terms without notice; and such changes are effective as of the time of posting.
III. Listings Contract
"Terms and Conditions"
By registering your restaurant on TastingSpace.com, you hereby enter into this agreement with Viand Kansas City, LLC (dba "TastingSpace.com") (this "Agreement") which is governed by the following Terms and Conditions:
- Term. The term ("Term") of this Agreement is determined during registration and may be monthly or yearly.
- Compensation for Services. In consideration for the Premium and Enhanced Listings described below, restaurants (the “Customer”) shall pay TastingSpace.com a fee on either a monthly or yearly basis. Monthly payments shall be in the form of an online credit card payment at TastingSpace.com. Payment by check shall only be accepted if as payment for an annual fee (a 12-month lump-sum payment). You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You acknowledge and agree that you will not receive a bill in the mail for your subscription. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. You may cancel at any time by emailing advertising@TastingSpace.com.
- Cancellation & Refunds. You may cancel at any time by emailing advertising@TastingSpace.com. To avoid being billed for the next month, you must cancel at least 3 business days prior to your renewal / billing date. If the Customer cancels after the renewal / billing date, the Customer is responsible for the cost of one month of service and will continue to be listed on TastingSpace.com for the remainder of that subscription month (for example, from September 12th to October 12th).
- Free Trials. All Free Trial Customers will have 30 days to use the Service without charge or obligation. Cancel anytime without charge 31st day by emailing advertising@TastingSpace.com. On the 31st day, the Customer’s credit card will be charged for the cost of either an annual or monthly subscription (depending on what the Customer selected at the start of the Free Trial). If the Customer cancels after the Free Trial is over the Customer is responsible for the cost of one month of service and will continue to be listed on TastingSpace.com for the remainder of their subscription month (for example, from September 12th to October 12th). The 30 day Free Trial is for first-time customers only.
- Renewal. Your subscription will renew automatically, unless we terminate it or you cancel it by emailing advertising@TastingSpace.com. You must cancel your subscription at least 3 business days prior the renewal date in order to avoid being billed for the renewal term on your credit card.
- Services Provided by TastingSpace.com. During the Term, TastingSpace.com shall provide either an Enhanced Listing or Premium Listing (the “Service”) to each restaurant. The type of listing shall be determined during registration.
- Enhanced Listings. "Enhanced Restaurants" agree to an Enhanced Listing on TastingSpace.com.
- Enhanced Restaurants shall be allowed to post the following information:
- "Basic Information," which includes restaurant name, address, map, telephone number, operating hours, payment methods, parking status, reservations, handicap access, dress, meals served, and alcohol served;
- "Search Information," which includes restaurant location, cuisine type and special features; and
- "Enhanced Information," which includes a restaurant logo, menus, and brief description.
- Enhanced Restaurants shall be placed in alphabetical order in the "Enhanced Restaurant Category" in all relevant customer searches on TastingSpace.com. The Enhanced Restaurant Category shall be the second category from the top of the search screen.
- Enhanced Restaurants shall be given access to the website to update and change their information.
- Enhanced Restaurants shall be provided web statistics on the number of clicks to their listing page, website, and TastingSpace.com.
- Premium Listings. "Premium Restaurants" agree to a Premium Listing on TastingSpace.com.
- Premium Restaurants shall be allowed to post the following information:
- Basic Information;
- Search Information;
- Enhanced Information; and
- Premium Information, which includes three photographs, website link, full description, chef's corner.
- Premium Restaurants shall be placed in alphabetical order in the "Premium Restaurant Category" in all relevant customer searches on TastingSpace.com. The Premium Restaurant Category shall be the first category from the top of the search screen.
- Premium Restaurants shall be given access to the website to update and change their information.
- Premium Restaurants shall be provided web statistics on the number of clicks to their listing page, website, and TastingSpace.com.
- Temporary Listings. Temporary Listings have not registered and are not charged for their listing. Temporary Listings are listed "at will" and may be permanently removed at anytime, without notice, for any reason in the sole discretion of TastingSpace.com.
- Indemnification. Each restaurant hereby agrees to indemnify, defend, protect, and hold Viand Kansas City, LLC, TastingSpace.com, and all its subsidiaries, affiliates, members, officers, directors, employees, agents, and insurers harmless from any and all claims, costs, suits, liabilities, damages, and disbursements, arising out of any alleged act or omission of a restaurant, its affiliates, officers, directors, employees, and agents, relative in any way to the ownership, management, and / or operation of the restaurant.
- Entire Agreement. This Agreement, when accepted by TastingSpace.com, constitutes the entire Agreement between TastingSpace.com and a restaurant, and may only be modified by a written document, executed by a duly authorized representative of each party.
- Severability. The provisions of this Agreement are severable, and if any part of it is found unenforceable, the other portions shall remain valid and enforceable.
- Choice of Law. This Agreement shall be construed in accordance with the laws of Missouri, and the parties hereby agree to submit to the exclusive jurisdiction of the state courts located within the State of Missouri for the resolution of any dispute that may arise hereunder.
- Notice. No notice authorized or required by this Agreement shall be effective unless served in written form and sent by U.S. certified mail, return receipt requested, directed to: TastingSpace.com at 804 W. Gregory Blvd., Kansas City, MO 64114, and to a restaurant at its specified billing address or such other addresses as either party may designate in writing by the same procedures from time to time. Notice shall be deemed received when mailed.
- Arbitration. In the event of any dispute arising out of this Agreement or any other matter related to the experience of using this website or any other services, you have knowingly agreed to submit this dispute to binding arbitration, and specifically waive your right to trial by jury. The arbitration proceeding shall be conducted in accordance with the rules of the Better Business Bureau, by an Arbitrator selected by TastingSpace.com, and will be conducted in the Better Business Bureau office within, or closest to, Jackson County, Missouri. You have knowingly agreed to limit your claims to actual damages, and specifically waive your right to recover exemplary or punitive damages and attorney's fees.
- Copyright. All content on TastingSpace.com, such as photographs, text, graphics, images, button icons, data compilations, and software, is the property of TastingSpace.com or its content suppliers and is protected by United States and international copyright laws.
IV. Other Policies
Free Trials. If you are registering for a free trial, you will NOT be charged until your 30 day free trial has ended. You may cancel by emailing advertising@TastingSpace.com. To avoid being charged, we recommend cancelling at least 3 business days prior to the end of your trial period.
Credit Card Policy. To simplify your monthly payment, TastingSpace.com requests credit card numbers, expiration dates, and billing address information. This information will be received securely over the internet in encrypted format and stored on a secure server. It will only be used for payment of contracted services and will not be disclosed to anyone or any organization.
Client Security. Your privacy and security are extremely important to us. TastingSpace.com has integrated security standards to protect against the loss, misuse, and alteration of your information. All data is stored in a secure environment using industry standard 128 bit (Secure Socket Layer) technology to protect (encrypt) data from being viewed.
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