Terms of Service

Terms of Service and Use

Effective date: July 1, 2007 - Last Modification: March 21, 2011.

SUMMARY

Welcome to GoEatOut. GoEatOut is a web site providing free restaurants information such as promotions and reviews. The Community Site allows you to interact and share information with members in this food and dining network. Please read the following Terms of Service and Use carefully. These Terms of Service and Use contain important information regarding your rights, obligations and restrictions in connection with your use of the GoEatOut Service and the GoEatOut.com.my website. By visiting or using the GoEatOut.com .my website you accept and agree to be bound by these Terms of Service and Use ("Terms of Service and Use" or "Agreement"), whether or not you register as a Goeatout.com.my Member. If you do not agree to these Terms of Service and Use you may not use GoEatOut and you may not register as a GoEatOut member. You can still use other non-member services such as search for Restaurant Promotions and Restaurant Reviews.

You agree that we may modify this Agreement from time to time in our sole discretion and without prior notice. Any modification of this Agreement will be posted on the Goeatout.com.my website. The modified Agreement will become effective upon such posting. Your continued use of the Web site and Service after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement.

1.0 General Terms

1.1 Goeatout.com.my has made every attempt to provide accurate information on this web site, and to the best of our knowledge, the information on this web site is correct. By visiting and using this web site, you hereby agree not to hold us liable for anything that may arise from any information given in the site.

1.2 Goeatout.com.my makes no representation about the suitability for any purpose of the information contained in the documents and related graphics published at this web site. All such information is provided "as is" without warranty of any kind. The documents and related graphics published at this site could include technical inaccuracies or typographical errors.

Goeatout.com.my hereby disclaims all warranties and conditions with regard to this information including all implied warranties.

2.0 Content in the Services

2.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

2.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Goeatout.com.my (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Goeatout.com.my or by the owners of that Content, in a separate agreement.

2.3 Goeatout.com.my reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

2.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

2.5 You agree that you are solely responsible for (and that Goeatout.com.my has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Goeatout may suffer) by doing so.

3.0 Content Submission and Publishing

3.1 Goeatout.com.my gathers information, documents and related materials solely from Internet users. Goeatout do not reward users that submitting articles to the website or receive monetery compensation for such submission listing.

3.2 Goeatout.com.my has made every attempt to verify all submissions including articles introducing restaurants on this website, and to the best of our knowledge, the information on this web site will not violate any other party's proprietary rights.

3.3 All parties submitting materials to Goeatout.com.my represent and warrant that the submission, copying, distribution, and use of such materials in connection with the Pages will not violate any other party's proprietary rights.

3.4 In any cases you feel that your works is being copied or infringed, please inform us at support@innochancom. together with sufficient evidence and proof of work, goeatout.com.my will have it removed after proper investigation.

3.5 In no event shall Goeatout be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from, arising out of, or in connection with the use of the information in the documents and related graphics published at this web site.

4.0 Content licence from Internet Users

4.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Goeatout.com.my a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Goeatout.com.my to display, distribute and promote the Services.

4.2 You agree that this licence includes a right for Goeatout.com.my to make such Content available to other companies, organizations or individuals with whom Goeatout.com.my has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

4.3 You understand that Goeatout.com.my, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Goeatout.com.my to take these actions.

4.4 You confirm and warrant to Goeatout.com.my that you have all the rights, power and authority necessary to grant the above licence.

COMMUNITY - TERM OF USE

1.0 General Services

The Service offered by GoEatOut includes the GoEatOut Community website (the "Web site") and any other services provided by GoEatOut or GoEatOut's Affiliates from time to time in connection with the GoEatOut.com website (the "Service"). The Terms of Service and Use apply to all Services and all uses of the GoEatOut.com website.

To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) you agree to notify GoEatOut immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. GoEatOut will not be held liable for any loss or damage for non-compliance. GoEatOut reserves the right to refuse the Service to any user.

In addition, you understand and agree that GoEatOut will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, GoEatOut in no way controls, verifies, or endorses any of the information contained on or in the GoEatOut Service, including links, events, messages, message boards and members' published listings.

2.0 Registration

In order to use some of the Services on the GoEatOut.com.my website you will have to register with GoEatOut as a Member. As part of the registration process, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data ("Registration Data"). GoEatOut reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. You may not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity.

You are adviced to use Displayname to interact with members that you are not recongnize. Username is unique and should be keep to mininum exposure and only use within Friends Network or Groups.

3.0 Eligibility

You must be thirteen (13) years of age or older to register as a member of GoEatOut or use the GoEatOut.com.my Web site or Service. By using the GoEatOut Web site or registering for the Service, you represent and warrant that you are thirteen (13) years of age or older and that you have the right, authority, and capacity to agree to, and abide by, this Agreement. GoEatOut reserves the right to cancel the account of and delete your profile and any content or information posted by any user under the age of thirteen (13).

Please be aware that GoEatOut may create certain clearly-labeled areas of the Service that contain adult or mature content. You must be eighteen (18) years of age or older to access and view such areas. GoEatOut reserves the right to cancel the account of any user under the age of eighteen (18) that attempts to access the adult-restricted areas. Membership in GoEatOut is void where prohibited by law.

4.0 Term and Termination

This Agreement will remain in full force and effect as long as you use the GoEatOut Service Web site and/or are a Member. You may cancel your GoEatOut membership at any time via the "Unregister" at the Edit Profit page, which will remove your account from our database. GoEatOut may terminate your membership (1) automatically without notice upon any violation or alleged violation of this Agreement or GoEatOut's Privacy Policy posted at http://www.goeatout.com.my/PrivacyPolicy.aspx, in GoEatOut's sole discretion; (2) for any reason, at any time without notice to Member, including, upon GoEatOut blocking Member's access to the Web Site or Service, discontinuance of Member's account, or notification to Member at the e-mail address provided in Member's registration. Upon any termination by GoEatOut, Member shall discontinue all efforts to access the GoEatOut website or the Services.

5.0 Non Commercial Use by Members

The GoEatOut Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress and the Member's account will be terminated.

6.0 Content Posted by Members on the GoEatOut Site


You are solely responsible for the content that you publish or display (hereinafter "Post") on the GoEatOut.com.my website, or transmit to other GoEatOut Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content").

You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.

You understand and agree that GoEatOut may, but is not obligated to, review and delete any Member Content that, in the sole judgment of GoEatOut, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of GoEatOut, GoEatOut's Members or users, or the public, without notice. GoEatOut assumes no responsibility for monitoring the content posted on the Web site by Members or the conduct of its Members.

Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

You retain all ownership rights in your Member Content. However, by posting Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to GoEatOut (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. GoEatOut reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the GoEatOut site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
  • solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; and
  • solicits people you don't know to add you or accept you as a contact on GoEatOut;
  • impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
  • contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  • blocks, removes or otherwise obscures the display of advertisements that appear on GoEatOut, or attempts to do so;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • contains in the sole judgment of GoEatOut, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the GoEatOut website or which may expose GoEatOut or its Members or users to any harm or liability of any type.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items from other Members or Member Content. GoEatOut is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against GoEatOut related to such exposure.

You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services except in your personal Marketplace area.

You may not transmit any chain letters or junk e-mail to other Members. Although GoEatOut cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the GoEatOut Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, GoEatOut reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which GoEatOut deems appropriate in its sole discretion.

We reserve the right to limit the number of times and/or the frequency with which any video or music file hosted on the GoEatOut Web site can be downloaded and played.

7.0 Copyright Policy

If you believe that any Member Content or other material on the GoEatOut.com.my Website infringes upon any copyright that you own or control, you may submit a notification to GoEatOut pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Web site; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your notification to the attention of GoEatOut's Designated Copyright Agent to receive notification of infringement claims at:
7-1A Jalan Perdana 4/8, Pandan Perdana 55300, Kuala Lumpur, Malaysia.
E-mail: support[at]innochan.com.

8.0 Termination of Repeat Infringers

GoEatOut, in appropriate circumstances and at GoEatOut's sole discretion, will terminate Members who are deemed to be repeat infringers. GoEatOut may also at its sole discretion limit access to the Web Site and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9.0 Member Disputes

You are solely responsible for your interactions with other GoEatOut Members or third parties. GoEatOut reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.

10.0 Links to Third Party Sites

Any links included within the GoEatOut site that take users out of the GoEatOut.com.my site are not owned by or under the control of GoEatOut and GoEatOut assumes no responsibility for the content, privacy policies or practices of any third party website. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

11.0 Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12.0 General Practices Regarding Use and Storage


You acknowledge that GoEatOut may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GoEatOut's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GoEatOut has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GoEatOut reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GoEatOut reserves the right to modify these general practices and limits from time to time.

DISCLAIMER

GoEatOut is not responsible or liable in any manner for any Member Content posted on the Web site or in connection with the GoEatOut Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Although GoEatOut provides rules for Member conduct and postings, we do not control and are not responsible for what Members post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Website or in connection with any Member Content. GoEatOut is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. GoEatOut assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. GoEatOut is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will GoEatOut be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any content posted on the Web site, including Member Content, or transmitted to Members, or any interactions between users of the Web site, whether online or offline. THE WEB SITE AND THE SERVICE ARE PROVIDED "AS IS" AND GOEATOUT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOEATOUT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from GoEatOut or through or from the Service shall create any warranty not expressly stated herein.

Restaurant Review and Reader's Comment
Reader comments posted at GoEatOut.com.my are the opinion of the comment writer, not the GoEatOut. GoEatOut makes no warrant that posted comments are free from false, unsubstantiated allegations or contain potentially-libellous statements. Comments submitted to GoEatOut.com.my are posted automatically and will include the user name. Comments may be used in other areas of the site at editorial discretion. GoEatOut reserves the right to edit and or remove any comments at our discretion which:

  • Are insulting or personal in nature
  • Are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable
  • Contain swear words or other language likely to offend
  • Break the law, condone or encourage unlawful activity. This includes breach of copyright, defamation and contempt of court
  • Advertise products and services for profit
  • Are seen to impersonate someone else
  • Are being repeatedly posted (known as "spam")
  • Include contact details such as phone numbers, postal or e-mail addresses
  • Comments may be used in the print edition at editorial discretion.

You are legally liable for the content of your comments that you submit to this site. By submitting a comment to this website, you warrant that we are not responsible, or liable of any of the content posted by you and you agree to indemnify us from any and all claims and liabilities (including legal fees) which could arise from your comments submitted to the site.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL GOEATOUT OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE GOEATOUT SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE WEBSITE, EVEN IF GOEATOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOEATOUT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOEATOUT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Please note that this terms of service and use may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date.

Finally...Thanks for reading this :-)

GOEATOUT.COM.MY