Terms Of Service

 

Introduction
The following terms of service (the "Terms of Service") stipulate the terms and conditions of your use of the website located at http://www.myfaveplaces.com (the "Web site"), Web applications and mobile applications and online services (collectively will be referred to as the "Service") provided to you by My Fave Places LLC (a Limited Liability Company) ("My Fave Places "). The Service is provided solely for your own use.

Our Service. My Fave Places mobile app platform enables users to easily record, share, and discover favorite places locally and globally and get valuable recommendations from people you know. The web site platform is a social recommendation service, where you can share articles, place and event recommendations published by My Fave Places to your friends and contacts 

The nature of the Service that My Fave Places provides may change from time to time without prior notice to you. In addition, My Fave Places may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice. The Service may include advertisements, which may be tied to the Content (as defined below) or other information provided through the Service. Your use of the Service constitutes your consent that My Fave Places or vendors and service providers presented to you through the Service (the "Merchants") place advertisements through the Service.

 

Acceptance of Terms
Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. My Fave Places reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service. If you do not agree to these Terms of Service, then you are not authorized to use this Service.

Changes to the Terms of Service. My Fave Places may, in its sole discretion, make changes to these Terms of Service, from time to time with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the "Last updated" notice on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. The Service is not available to individuals who are younger than 13 years old. My Fave Places may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

 

License to use Services
Unless otherwise stated, My Fave Places and/or its licensors own the intellectual property rights in the website and material on the Services  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • republish material from this Services (including republication on another website);
  • sell, rent or sub-license material from the Services;
  • show any material from the Services in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Services for a commercial purpose;
  • edit or otherwise modify any material on the Services; or
  • redistribute material from this Services [except for content specifically and expressly made available for redistribution.

 

Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (such as photographs) on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or disrespectful as determined by My Fave Places in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities (whether or not for profit) and/or sales without My Fave Places’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of My Fave Places or any third party;
  • impersonates any person or entity, including any employee or representative of My Fave Places;
  • includes anyone's private information and identification documents (like a photo or phone number), or sensitive financial information such as a credit card number; or
  • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

Serious breaches will be reported to the appropriate authorities.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by My Fave Places in its sole discretion) an unreasonable or disproportionately large load on My Fave Places’ (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures My Fave Places may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
  • harvest, mine or scrape any Content  or data from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by My Fave Places;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • otherwise take any action in violation of My Fave Places’ guidelines and policies.

My Fave Places does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. My Fave Places has no obligation to monitor the Site, Service, Content, or User Submissions. However, My Fave Places reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if My Fave Places is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. My Fave Places also reserves the right to access, read, preserve, and disclose any information as My Fave Places reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of My Fave Places, its users and the public.

My Fave Places takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is My Fave Places liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, My Fave Places is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other interactive area. Where My Fave Places provides such interactive areas such as user submissions and notes in the mobile app, you are solely responsible for your use of these and use them at your own risk. Although My Fave Places has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, My Fave Places reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Services at your sole cost and expense.

Restricted access
Access to certain areas of this Service may be restricted.  My Fave Places reserves the right to restrict access to other areas of this Service, or indeed this entire Services, at My Fave Places’ discretion.

If My Fave Places provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

My Fave Places may disable your user ID and password in My Fave Places’ sole discretion without notice or explanation.

 

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to My Fave Places a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to My Fave Places the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or My Fave Places or a third party (in each case under any applicable law).  

You warrant that you have all rights to grant such license to us without infringement or violation of any third party rights.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

My Fave Places reserves the right to edit or remove any material submitted to this website, or stored on My Fave Places’ servers, or hosted or published upon this website.

 

Proprietary Content
The Service contains Content specifically provided by My Fave Places and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Contributor content

The Service contains Content specifically provided by My Fave Places and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Posts and articles published on My Fave Places are not paid promotions by the businesses featured and unless explicitly stated in an individual post, the contributors independently fund their visits and views are their own. 


Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under My Fave Places control, and you acknowledge that My Fave Places is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by My Fave Places or any association with its operators or sponsors. You further acknowledge and agree that My Fave Places shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. These third party web sites are governed by their own terms and conditions.


Mobile and other devices

We currently provide our Services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.


Digital Millennium Copyright Act (DMCA)
My Fave Places deals with copyright infringement in accordance with the DMCA.

You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the service, please send a notice of copyright infringement containing the following information to the designated agent at the address below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Contact information for the notifying party, including name, address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:

  • A physical or electronic signature
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, telephone number, and if available an electronic mail address and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.

Designated Agent

Address to: Copyright Officer
245 8th Ave, #241
New York NY 10011
Contact@myfaveplaces.com


Indemnity
You hereby indemnify and hold harmless My Fave Places, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. My Fave Places reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.


Limitation of Liability

ALL LIABILITY OF MY FAVE PLACES, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MY FAVE PLACES, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS (US$100).

IN NO EVENT SHALL MY FAVE PLACES, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MY FAVE PLACES, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE.


Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MY FAVE PLACES EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. MY FAVE PLACES MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.


Breaches of these terms and conditions
Without prejudice to My Fave Places’ other rights under these terms and conditions, if you breach these terms and conditions in any way, My Fave Places may take such action as My Fave Places deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Serious breaches will also be reported to the appropriate authorities.


Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.


Assignment
My Fave Places may transfer, sub-contract or otherwise deal with My Fave Places’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  


Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 


Termination
My Fave Places may terminate your access to all or any part of the Service at any time, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Entire agreement
These terms and conditions together with Privacy Policy, constitute the entire agreement between you and My Fave Places in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


Law and jurisdiction
Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section, excluding its conflicts of law rules, and the United States of America.


Last updated: 18 February 2016