Savored.com Terms and Conditions

Last updated: May 1, 2012

These Terms and Conditions of Service (“Terms of Service”) govern your account on Savored.com, and the Savored mobile site (the “Savored Sites” or the “Sites”) and your use of the Sites and all products and services provided through the Savored Sites. Savored.com is operated by VillageVines Inc., d.b.a. Savored ("Savored," "we", or “our”) and provides the content posted on the Sites subject to the following Terms of Service.

These Terms of Service incorporate the entirety of the Savored Privacy Policy posted on the Sites. Please read these Terms of Service carefully. By accessing and using the Sites, you agree to be bound by these Terms of Service. If you do not agree with these Terms of Service, please do not use the Savored Sites.

Savored reserves the right to add to, delete, or change the Terms of Service at any time at its sole discretion, without notice. As such, you should check these Terms of Service from time to time for such changes.

1. USER ACCOUNTS

Account. If you create a user account for the Sites, you agree to complete the registration process by providing current, complete, and accurate information as required by Savored. You are responsible for all activities that occur under your account. You agree to notify Savored immediately of any unauthorized use of your account or any other breach of security. Savored will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Savored or another party due to someone else using your account. You may not use anyone else's account at any time.

User Content. You acknowledge that you are responsible for any content you may submit through the Sites, including the legality, reliability, appropriateness, originality and copyright of any such content. With respect to any content you submit or make available through the Sites (other than personal information, which is handled in accordance with the Privacy Policy), you grant Savored a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Savored.

2. PRIVACY NOTICE

A copy of Savored Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Savored is posted on the Sites. These Terms of Service incorporate the entirety of the Savored Privacy Policy. You consent to any personal information we may obtain about you (either via the Savored Sites, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

3. SITE CONTENT

The Sites, including without limitation the text, graphics, photographs, software, video and audio content, and the like that appear on the website or mobile site (the "Site Content"), is owned by or licensed to Savored, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Site Content to other web sites, mobile applications, or otherwise, without the prior written consent of Savored. Users cannot sell, or distribute, Site Content to third parties, prepare derivative works of or otherwise exploit Content without the prior written permission of Savored. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content, please submit your request in writing via the Contact Us form. Savored has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content. All of the Savored trademarks, service marks and logos are owned by or licensed to Savored and may not be used for any purpose without the prior written consent of Savored.

4. PERMITTED USES

The Sites are designed to offer users reservations with restaurant partners, which may include a discount. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Savored' server, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any portion of the Sites, other accounts, computer systems, or networks connected to any Savored' server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Sites. You will not link to any part of the Sites if such activity is illegal, will cause damage to, or will otherwise harm Savored or any other party. Moreover, Savored reserves the right in its sole discretion to disable or otherwise terminate your use of the Sites, or any links you make to the Sites, or request you to do the same. Savored reserves all of its rights in the Savored Sites not expressly granted to you by these Terms of Service.

5. RESERVATIONS, CREDITS, AND CANCELLATION POLICY

Reservations. Savored provides the reservation program to its customers but does not guarantee the reservations or discounts provided by the restaurant. Savored is not responsible for the service, eligibility, or termination of the restaurant or the restaurant’s reservation. Savored may terminate your use of the Sites and prohibit you from making further reservations for any reason and at sole discretion of Savored. Such actions include but are not limited to: changing the time or date of a reservation more than five times; contacting our restaurant partners directly to attempt to modify the time, date or other parameters of a reservation; arriving at a restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount; failing to cancel a reservation which you do not plan to attend ("no-showing"); committing fraud of any kind with regards to your obligation to pay the restaurant in full for services rendered.

Referral Credits. Savored reserves the right to at any time without notice, change the terms applicable to Referral Credits, including expiration period, and/or your ability to redeem existing Referral Credits.

Cancellations. Permitted cancellations may be made at least 30 minutes prior to your reservation.

6. SAVORED SIGNATURES

All Savored Signature products are final sales, non-refundable, and have no cash value.

7. CLAIM OF COPYRIGHT INFRINGEMENT

Savored respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Sites infringes the copyright in a work you own, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

Identification of the copyrighted work allegedly infringed;

Identifying information reasonably sufficient to allow determination by Savored of the location of the material that is allegedly infringing;

Information reasonably sufficient to permit Savored to contact you;

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; and

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.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Savored with our Contact Us form.

8. LINKS TO OTHER WEBSITES/ MOBILE SITES

The Sites may contain advertisements and/or links to other sites ("Third Party Sites"). These links are provided solely for the convenience of the users. Savored does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the Sites and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the Savored Sites, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Savored Sites, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Savored bears no responsibility for any action associated with any Third Party Site. Moreover, Savored does not imply an affiliation with any Third Party Site.

9. LIMITATION OF LIABILITY

You agree Savored will not be held liable for any loss or damage incurred as a result of use of the Sites or services. You understand Savored is not the seller of the goods or services advertised on the Sites. Savored is a service provider and transaction handler for third party merchants ("Merchants"). Savored is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant Provides. Savored has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. Savored has no obligation to provide you with notice of any such changes, and Savored is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Savored from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Sites. Savored reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Savored in asserting any available defenses.

11. ARBITRATION AND JURISDICTION

All disputes arising out of, relating to or connected with these Terms of Service, Privacy Policy, or your use of any part of the Savored Sites, will be resolved by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Service shall be New York, the State of New York. All disputes in arbitration will be handled solely between the named parties, and not on any representative of class basis. Notwithstanding any other provision of these Terms of Service, to the extent that you have in any manner violated or threatened to violate Savored’s intellectual property rights, Savored reserves the right to seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.

12. Creative Commons Attributions

Philadelphia:

Neighborhood: South Philly
Title: Singing Fountain on Passyunk 2
Author: Jessica Rossi
Original Photo: Flickr

Neighborhood: Washington Square
Title: Washington Square, Philadelphia
Author: Sarah Stierch
Original Photo: Flickr

New York City:

Neighborhood: Gramercy/Murray
Title: Gramercy Park Spring
Author: Eden, Janine and Jim
Original Photo: Flickr

Neighborhood: New Jersey
Title: Hoboken
Author: Walter Burns
Original Photo: Flickr

San Francisco:

Neighborhood: Casto
Title: Castro Theatre
Author: titanium22
Original Photo: Flickr

Neighborhood: Mission/Potrero
Title: Mural in the mission
Author: Lynn B
Original Photo: Flickr