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Terms of Use

Acceptance of Terms
By accessing tomato.ua, by using any part of the site or Tomato mobile application (“Site”), you agree to become bound by these terms and conditions (including, without limitation Tomato's Privacy Policy). If you do not agree to all the terms and conditions, then you may not access or use the content or any services offered on the Site. Tomato's acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered or characterized as an offer by Tomato, acceptance is expressly limited to these terms.

Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of the Site will be governed by the laws of the state of Nevada, U.S.A.

Intellectual Property
The contents of the Site are protected by U.S. and International copyright and trademark laws. The contents of the Site are owned by or licensed to Tomato or its affiliates. In the case of User Materials (as defined in the "User Materials" section below) the contents are licensed to Tomato by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of Tomato, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Tomato.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Tomato or tomato.ua promotes or endorses your, or any third party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets and tools on the Site that allow selected User Materials to appear on your mobile device, personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence. No quotes from any material on the Site may be used in any media without attribution to tomato.ua.

Any other use of Site content requires prior written permission from Tomato.

User Materials
Users may post, upload, transmit and/or otherwise submit (hereinafter "Submit") comments, ratings, text, photos, images, and other content materials, as well as make recommendations, on or through the services of tomato.ua ("User Materials"). You agree to post only images you personally own or licensed and were not acquired through theft or other unlawful means. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the Tomato staff and on the Site by the general public. You acknowledge that the Site and all its services are for public and not private communications.

Tomato reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any reason or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If Tomato elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If Tomato has questions about your User Materials, Tomato retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

By submitting User Materials on or through the Site, you are agreeing that the information and images submitted may be used by Tomato and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant Tomato, its affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publish, publicly perform, display, create derivative works of, host, index, cache, tag, encode, reproduce, edit, display, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, throughout the world and for any purpose including, but not limited to, tomato.ua, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), Tomato print publications, and other applications and services later devised, without payment and without further consent or notice to you. You further grant Tomato, tomato.ua, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Site, third party licensee web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Site, third party licensee web sites, applications and services, and to use your User Materials pursuant to these Terms of Use and the terms of use of the third party licensee web sites, and as permitted by the functionality of the Site and third party licensee web sites, applications and services (such as through widgets, RSS feeds and other methods similar or dissimilar, now known or later devised).

By submitting any photo, content, or information to Tomato, you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Tomato. You understand and intend that any photo, content, or information submitted by you to Tomato may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo, content, or information you submit to the Site.

Tomato respects the intellectual property rights of others. It is, therefore, Site policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws.

Indemnity
By your use of this Site, you agree to indemnify and hold harmless Tomato, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from (i) any claim or demand made by any third party related to or arising from your access to the Site, use of the services available on the site, violation of these Terms of Use, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Limitation of Liability
You agree that in no event shall Tomato be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of date; or (iii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above provision may not apply to you.

Content (Restrictions on Use)

You agree that you will not:
  • use the Site for promotional or commercial purposes, except as expressly permitted by Tomato;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your own added content), except as expressly authorized by Tomato;
  • reverse engineer any portion of the Site, except as may be permitted under the law;
  • remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content with the exception of RSS feeds;
  • access, retrieve or index the Site to construct or populate a searchable database of business reviews;
  • reformat or frame any portion of the Site without consent by Tomato;
  • take any action that (i) imposes or may impose, in Tomato's sole discretion, an unreasonable or disproportionately large load on our infrastructure or server, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypasses any measures we may use to prevent or restrict access to the Site;
User Conduct
As a condition of use of the Site, you promise not to use the Site or any services available on the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Tomato. You understand that you are expected to respect the rights of others as a condition of your use of the Site.

Solely as examples, and not in any way limited to the following examples, you agree not to use the Site or services available on the Site:
  • To abuse, harass, threaten, stalk, impersonate, or intimidate other users of tomato.ua
  • To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability
  • For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
  • To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any tomato.ua user
  • To create or submit unwanted email or communications to any other users of tomato.ua
  • To use or access the site in any manner that violates any laws in your jurisdiction
  • To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes)
  • To attempt to impersonate another user or person
  • To sell or otherwise transfer your profile.

Right to Terminate
Tomato reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. Tomato may terminate or suspend any and all services provided to you, as well as the termination or suspension of your tomato.ua account immediately, without prior notice at any time and for any reason or no reason. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability. You may cancel your Account at any time.

Disclaimer
If you create an account on the Site, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tomato may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify Tomato of any unauthorized uses of your account or any other breaches of security. You agree that Tomato will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Tomato has not reviewed, and cannot review, all of the material posted on or linked to the Site, and cannot therefore be responsible for user posted content, use or effects. By operating the Site, Tomato does not represent or imply that it endorses the user material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

You acknowledge that Tomato has no control over, and no duty to take any action regarding: which users gain access to the Site or use the services available on the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Tomato from all liability for you having acquired or not acquired content through the Site or the services available on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive, inappropriate or otherwise objectionable, as well as content containing technical inaccuracies, violations of privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tomato makes no representations concerning any content contained in or accessed through the Site or services available on the Site, and Tomato will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services available on the Site and disclaims responsibility for any resultant harm.

Contact Us
If you see content you believe to be objectionable or have any questions about these Terms of Use, please contact Tomato.

Links and Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Tomato has no control over these sites or the content within them. Tomato cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Tomato does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Tomato for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Tomato, and Tomato will investigate your claim and take any actions Tomato deems appropriate at our sole discretion.

The service of the site, content and Site are provided on an "As Is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Entire Agreement
These Terms of Use, the DMCA Compliance notice and the Privacy Policy constitute the entire and exclusive understanding and agreement between Tomato and you regarding the Site and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Tomato and you regarding the Site.

The failure of Tomato to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tomato. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

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