Terms and Conditions
© 2012 BLUE MANGO PUBLISHING CO., LTD. ALL RIGHTS RESERVED. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
OWNERSHIP: All content on the Site and/or on e-mails distributed to you from thailandtatler.com including without limitation text, graphics, logos, button icons, images, photographs, audio clips, video clips, digital downloads, software and the selection and arrangement of such content (“Materials”) is the exclusive property of thailandtatler.com or its licensors and is protected by international copyright laws and treaty provisions. All rights not expressly granted are reserved. Any unauthorized use of any materials on this Site may constitute a violation of copyright, trademark, and other laws governing the materials presented on this Site.
LIMITED LICENSE: You may use or download Materials displayed on this Site for noncommercial, personal use only. Blue Mango retains full and complete right and title to the downloaded Materials, including but not limited to any files, images incorporated in or generated by the Materials and accompanying data and Blue Mango retains all intellectual property rights therein. If you download the Materials, you must retain all copyright and other proprietary notices displayed on the Materials. Except as provided herein, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology that perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of infrastructural resources of this Site; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials for public or commercial purposes without our written permission or other than for their intended purposes. You agree to prevent any unauthorized copying or other use of the Materials.
You agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Blue Mango’s rights therein. You further agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
CONTENT: Your access to our Site is entirely at your own risk. The reviews published on this Site are both the fair comment of food critics of thailandtatler.com’s editorial team and the opinions of our users, with a numerical rating reflecting the average score given by all users on a particular establishment and direct quotes or paraphrases from our users’ comments. We reserve the right to edit user reviews for accuracy and legality and/or to refrain from publishing or remove any user comments at any point. However, we do not have control over and do not guarantee the truthfulness, accuracy or reliability of any advertisement or materials posted by other users or endorse any opinions expressed by users on this Site. All information that users submit to the site, including all numerical votes and written comments, will be considered voluntary submission. By posting content on the Sites, you unconditionally grant to us a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you may have in the content in order that we use the same for any purpose including host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form whatsoever.
PROHIBITED CONTENT: You are prohibited from posting or transmitting to or from this Site any abusive, unlawful, disruptive content or content which we in our sole discretion deem to be inappropriate. Blue Mango will cooperate to the fullest extent possible to assist authorities in prosecuting those persons responsible for such postings.
REPRESENTATIONS: By using the Site, you represent, warrant, acknowledge and agree to the following:
(a) Your use of the Site is in accordance with and does not violate these Terms;
(b) Any and all information you provide to us is truthful and accurate;
(c) You will not use the Site in any manner that may:
- Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;
- Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and
- Violate or encourage others to violate any applicable laws, rules, or regulations.
LINKED SITES: This Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s), unless such site is legally affiliated with Blue Mango. We do not monitor or have control over, makes no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites, and have no responsibility for the content of the linked website(s). Blue Mango reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. When you leave the Site, these Terms no longer govern. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
DISCLAIMER: Your use of any information or materials on this Site and/or included in emails distributed to you by thailandtatler.com is provided to you without warranty and is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MATERIALS, PRODUCTS, SERVICES AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. BLUE MANGO ALSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, PRODUCTS, SERVICES AND INFORMATION ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIALS. BLUE MANGO DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF COMMENTS POSTED ON / CONTENT AVAILED ON THE SITE. IN NO EVENT SHALL BLUE MANGO OR ITS' LICENSORS/SUPPLIERS, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DIRECT OR INDIRECT, INCIDENTAL, COINCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND HOWSOEVER ARISING, INCLUDING NEGLIGENCE) OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS / SITE, EVEN IF BLUE MANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ASSIGNMENT: Blue Mango may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Blue Mango’s obligations thereunder.
INDEMNITY: All users agree to indemnify, and hold harmless Blue Mango, its subsidiaries, partners, officers, directors, employees agents and representatives from and against any and all claims, actions, liabilities, deficiencies, judgments, awards, settlements, demands, losses, damages, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses) in connection with (a) your use of any Site or activities in connection with any Site; (b) your breach of these Terms; (c) your violation of any laws, rules, regulations, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (g) our use of your information.. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of us.
TRADEMARKS: All the trademarks used in this Site are either owned by Blue Mango or used under licenses from the respective trademark owners. Any third parties may not copy, imitate or used, in whole or in part and may use all these trademarks only with permission from Blue Mango.
SEVERABILITY: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
APPLICABLE LAWS: This Site is controlled by Blue Mango from its offices within the Kingdom of Thailand. The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of Thailand. Both users and Blue Mango shall submit to the exclusive jurisdiction of the courts of Thailand. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws, if and to the extent that local laws are applicable.
UPDATES: Blue Mango reserves the right to revise, change or modify these Terms at any time by updating this posting or by inserting legal notices located on particular pages at this Site. Please remember to visit this page from time to time to review any amendments to the above Terms and their effect on your use of this Site and the Materials contained therein.