This DINER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the restaurant review & rating services (the "Services") being offered at the URL: http://www.bonapp.cn and all affiliated web sites owned and operated solely by Bon App (collectively, the "Bon App Site"). As used in this Agreement, "Bon App" refers to Bon App, Co. Ltd. and any of its subsidiaries, and "DINER" or "you" refers to you. USE OF THE SERVICES AND THE BON APP SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS DINER AGREEMENT, AND BON APP'S INDULGE POINTS TERMS AND CONDITIONS (COLLECTIVELY, THE "BON APP POLICIES").
Bon App may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the Bon App Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
DINER may be able to participate in Bon App's DINER benefits program, INDULGE CASH. Participation is subject to Indulge Points Terms and Conditions.
The materials and services provided for and depicted on the Bon App Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the Bon App Site ("Bon App Content") is provided to DINER by Bon App for the sole purpose of using the Services. DINER shall not copy, display, modify, create derivative works of, publish, or sell the Bon App Content or any information, software, or services provided by Bon App hereunder. The Bon App Content may be modified from time to time by Bon App in its sole discretion. Except as expressly set forth herein, no license is granted to DINER for any other purpose, and any other use of the Services or the Bon App Content by DINER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Bon App or its licensors in the Services or Bon App Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Bon App or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of Bon App or its licensors in the Services or Bon App Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Bon App or any third party is granted under this Agreement.
At Bon App’s invitation, DINER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Bon App reserves the right (but not the obligation) to remove such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant Bon App a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bon App for all claims resulting from content you supply. Bon App has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Bon App in its sole discretion. Bon App takes no responsibility and assumes no liability for any content submitted by you or any third party.
Much of the information on the Bon App Site is updated on a real time basis and is proprietary or licensed to Bon App by its Restaurants or third parties. By using the Bon App Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the Bon App Site for any purpose without Bon App’s express written permission.
Take any action that imposes or may impose (in Bon App’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy Bon App Content from the Bon App Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Bon App Site.
In no event shall Indulgesmart be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the services, the Indulgesmart site or the Indulgesmart content, (ii) any failure or delay (including, but not limited to, the use or inability to use any component of the services or the Indulgesmart site for reservations), or (iii) the performance or non-performance of any restaurant in connection with the services. In addition, all diners specifically understand and agree that any third party directing diners to the Indulgesmart site by referral, link or any other means is not liable to diner for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the Indulgesmart site or the Indulgesmart content. Bon App is neither an agent of nor is connected with any affiliated restaurant in which a diner has made a reservation. Aside from the services provided on the Indulgesmart site. Bon App is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a diner’s visit to an affiliated restaurant.
the information, programs, products, and materials contained in or accessed on the Bon App site, including, without limitation, the services and the Bon App content, are provided to diner on an 'as is' basis and without warranty of any kind. Bon App disclaims all warranties, expressed or implied, with respect to the services, the Bon App site, the Bon App content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.
The Bon App Site may contain hypertext links to Web sites operated by parties other than Bon App. Such hypertext links are provided for DINER's reference only and Bon App does not control such Web sites and is not responsible for their content. Bon App's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by DINER, but may be so transferred, assigned or delegated by Bon App.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
The Agreement is made under and shall be governed by and construed in accordance with the laws of China, without giving effect to any principles that provide for the application of the law of another jurisdiction.