NewGusto, the community to eat with new friends around the world.

Date of Last Revision: 12 Dec 2011

Programma 101 Srl. (“P101” or “we”) provides an online platform which facilitates meeting new people and discovering new neighborhoods through casual dining and other activities at people’s houses (“Venues”) around the world and the sharing of such experiences through a blog (the “Services”) through our websites, accessible at newgusto.com (the “Site” or “NG”). Through our Site and Services, users can learn about one another and, if they wish, arrange times to meet with one another. Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at http://newgusto.com/privacy and which is incorporated herein by reference into these Terms. These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all Collective Content (defined below), and constitute a binding legal agreement between you and P101.

Key Terms related to Content

“NG Content” means all Content that P101 makes available through the Site and Services, including any Content licensed from a third party, but excluding Registered User Content.

“Collective Content” means Registered User Content and NG Content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Registered User” means a person who completes NG’s account registration process, as described under “Account Registration” below.

“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.

Using the Site: Payment Terms

Through the Site, you will be able to reserve a seat for a meal or another activity advertised through the Site with other users of the Site and Services, at a Venue specified on the Site (each such activity an “Event”). Once you register with the Site, you will be able to view upcoming Events. When you find an Event that interests you, you can reserve a seat at that Event through the Site. P101 will not charge any money for the reservation. The cook may require a refund per Event per person. If an upfront payment is required your PayPal account will be charged at the moment of confirmation of the reservation. Otherwise the payment will occur at the time of the Event. The refund will include the cost of the Event per person, including all taxes and gratuity. The amount you pay for the refund is all you will owe for an Event (unless you choose to engage in additional activities beyond the scope of the activities included in the price of the Event in which case you will be responsible for all additional charges relating to such additional activities. For example, if you pay for a meal at an Event, and you order additional food or beverages beyond what is specified on the menu, you will be responsible for all additional charges for such additional food and beverages). After PayPal processes your payment, the transaction is final. You are solely responsible for ensuring that you have selected the correct Event. It is also your responsibility to verify the accuracy of any statements made related to an Event promoted through the Site and Services (including accuracy of the date, time, and location of a given Event). P101 will have no liability for any disputes related to refund for the Event created through the Site and Services.

Modification

P101 reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification through the Services or provide you with notice of the modification. By continuing to access or use the Site or the Services after we have posted a modification through the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility

You represent and warrant that you are of legal age to form a binding contract. The Site and Services are not available to individuals who are younger than 18 years old. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Account Registration

In order to access certain features of the Site and Services and to post any Registered User Content on the Site or through the Services, you must register to create an account (“Account”) and become a “Registered User”. During the registration process, you will be required to provide certain informations and you will establish a username and a password. You agree to provide accurate, current and complete informations during the registration process and to update such informations to keep it accurate, current and complete. NG reserves the right to suspend or terminate your Account for any reason at its discretion, including, but not limited to, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify P101 of any unauthorized use of your Account.

Privacy

See NG’s Privacy Policy at http://newgusto.com/privacy for informations and notices concerning P101’s collection and use of your personal informations.

Ownership

The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Italy and foreign countries. Except as expressly provided in these Terms, P101 and its licensors exclusively own all right, title and interest in and to the Site, Services and Collective Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Content License

Subject to your compliance with the terms and conditions of these Terms, P101 grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by P101 or its licensors, except for the licenses and rights expressly granted in these Terms.

Registered User Content

Registered Users may post, upload, publish, submit or transmit Registered User Content. By making available any Registered User Content through the Site and Services, you hereby grant to P101 and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. P101 does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or NG’s or its user’s use of the Registered User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at mail@newgusto.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of P101 and you hereby irrevocably assign to P101 and agree to irrevocably assign to P101 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At P101’s request and expense, you will execute documents and take such further acts as P101 may reasonably request to assist P101 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, NG’s name, any NG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without P101’s express written consent;
Access, tamper with, or use non-public areas of the Site, NG’s computer systems, or the technical delivery systems of NG’s providers;
Attempt to probe, scan, or test the vulnerability of any NG system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NG or any of NG’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by NG or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a NG trademark, logo URL or product name without P101’s express written consent;
Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation
Encourage or enable any other individual to do any of the foregoing.

P101 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. P101 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that P101 has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Registered User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NG reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, any Registered User Content, that NG, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

Copyright and IP Policy

NG respects copyright law and expects its users to do the same. NG has adopted and implemented a policy that provides for the termination in appropriate circumstances of Registered Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see NG’s Copyright and IP Policy at http://newgusto.com/ippolicy, for further information.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that P101 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by P101 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, P101 will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. P101 reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. When you register to join the Site and create a profile page, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to P101 by Registered Users, arising out of or in connection with your use of a false name, may result, in P101’s sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event P101 terminates these Terms for your breach, or revokes your access to and use of the Site and Services or terminates or discontinues the Site and Services and consequently these Terms, you will remain liable for all amounts due hereunder. You may terminate your account at any time by following the instructions on the Site.

Disclaimers

THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND ‘AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, P101 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. P101 MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. P101 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, COLLECTIVE CONTENT OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM P101, NG OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

P101 IS NEITHER AN AGENT OF NOR IS CONNECTED OR AFFILIATED WITH ANY REGISTERED USER. P101 MAKES NO WARRANTY OR REPRESENTATIONS OF ANY KIND REGARDING THE PERFORMANCE OR NON – PERFORMANCE OF ANY EVENT OR REGISTERED USER IN CONNECTION WITH THE SERVICE, including the failure to honor EVENTS OR OTHER reservations or the delivery of incorrect PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO meal orders.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL OF YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT P101 DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES P101 MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. P101 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold P101, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER P101 NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or COLLECTIVE Content will be liable for any direct damages, or any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, arising out of or in connection with: (a) THESE TERMS or from the use OF or inability to use the SITE, Services OR COLLECTIVE CONTENT; (b) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES; (c) THE PERFORMANCE OR NON – PERFORMANCE OF EVENT OR REGISTERED USER IN CONNECTION WITH THE SERVICE, including the failure to honor EVENTS OR OTHER reservations or the delivery of incorrect PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO meal orders; (d) any harm to you caused in whole or in part by a third party, including but not limited to another user of the services; (e) statements, conduct, or omissions of any guest, host, or other third parties on our site or services; OR (f) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not P101 has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ASIDE FROM THE SERVICES PROVIDED THROUGH THE SITE, P101 IS NOT LIABILE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO A VENUE, RESULTING FROM USE OF THE SITE OR SERVICES.

In no event will P101’S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO P101 FOR USE OF THE SITE, SERVICES OR CONTENT OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN P101 AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of NG used herein are trademarks or registered trademarks of P101. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Italy. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state court located in Pescara (Italy) and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between P101 and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between P101 and you regarding the Site, Services and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without P101’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. P101 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by P101 or NG: (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and P101 agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site and Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and P101 are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and P101 otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Changes

Notwithstanding the provisions of the “Modification” section above, if P101 changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to mail@newgusto.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of P101’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and P101 in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of P101 to enforce any right or provision of these Terms 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 P101. 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.

Contacting NG

If you have any questions about these Terms, please contact NG at mail@newgusto.com.