Terms of Use

Last Updated: May 11, 2025

These Terms of Use ("Terms") govern your access to and use of the Gourmet Restaurant website, mobile application, and related services (collectively, the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

1. Acceptance of Terms

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legal agreement between you and Gourmet Restaurant.

2. Platform Use

2.1 Eligibility

You must be at least 18 years old to use our Platform. By using our Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2.2 Account Registration

To access certain features of our Platform, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Prohibited Activities

You agree not to:

• Use our Platform in any way that violates any applicable law or regulation;
• Use our Platform to transmit or send unsolicited commercial communications;
• Use our Platform to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the operation of our Platform or servers or networks connected to our Platform;
• Attempt to gain unauthorized access to our Platform, user accounts, or computer systems;
• Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to our Platform;
• Use any robot, spider, or other automatic device, process, or means to access our Platform for any purpose;
• Use our Platform in any manner that could disable, overburden, damage, or impair it;
• Upload, transmit, or distribute any viruses, worms, or other malicious code;
• Violate the rights of others, including their intellectual property, privacy, and publicity rights.

3. Intellectual Property

3.1 Ownership

Our Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Gourmet Restaurant, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Platform for your personal, non-commercial use. This license does not include any resale or commercial use of our Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Platform or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

3.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

4. User Content

4.1 Submission of Content

Our Platform may allow you to submit, post, or share content, such as reviews, comments, and feedback (collectively, "User Content"). By submitting User Content, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully-paid, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

4.2 Representations and Warranties

You represent and warrant that:

• You own or control all rights in and to the User Content you submit;
• All User Content you submit is accurate, complete, up-to-date, and not misleading;
• Your User Content does not violate these Terms, applicable law, or the rights (intellectual property, privacy, publicity, or otherwise) of any third party;
• Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

4.3 Monitoring and Enforcement

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

5. Disclaimer of Warranties

YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. OUR PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOURMET RESTAURANT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR PLATFORM.

7. Indemnification

You agree to indemnify, defend, and hold harmless Gourmet Restaurant, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Terms or your use of our Platform.

8. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Platform. Your continued use of our Platform after such modifications constitutes your acceptance of the modified Terms.

9. Termination

We reserve the right to terminate or suspend your access to our Platform at any time, without notice, for any reason, including but not limited to your violation of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in New York County, New York.

11. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Gourmet Restaurant
123 Gourmet Avenue
New York, NY 10001
Email: legal@gourmetrestaurant.com
Phone: (555) 123-4567