ACCEPTANCE OF TERMS AND CONDITIONS

 

By using this site (the "Site"), you ("you" or the "End User") agree to the terms and conditions that we ("Dineplaces.com ")   have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement") please refrain from using the Site.

Dineplaces.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

TERMS OF USE

· Definitions.

"Dineplaces.com” provides an interactive online service operated by , Infobiz Systems, Inc. on the World Wide Web of the Internet (the "Web"), Consisting of information services, content and transaction capabilities provided by Dineplaces.com, affiliates of DinePlaces.com and other third parties.

· General

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password's), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Dineplaces.com, and Dineplaces.com shall not be responsible for any data lost while transmitting information on the Internet. While objective of Dineplaces.com is to make the Site accessible 24 hours per day, 7 days per week. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance, etc. You understand and acknowledge that due to circumstances both within and outside of the control of Dineplaces.com, access to the Site may be interrupted, suspended or terminated from time to time.

Dineplaces.com shall have the right at any time to change or discontinue any aspect or feature of Dineplaces.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Dineplaces.com may discontinue disseminating any portion of information or category of information.

· End User Conduct.

This Site and any individual restaurant microsites now or herein after contained within or otherwise available through external hyperlinks with our Site (the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unauthorized or unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Dineplaces.com express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Dineplaces.com exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not be use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Dineplaces.com.

· Modified Terms.

Dineplaces.com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Dineplaces.com posting thereof. Any use of Dineplaces.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

·Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER Dineplaces.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT'S NO EVENT SHALL Dineplaces.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

Dineplaces.com IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Dineplaces.com. MOREOVER, Dineplaces.com RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, Dineplaces.com, DEEMS UNSUITABLE.

·Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of Dineplaces.com, a InfoBiz Systems Company. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Dineplaces.com, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Dineplaces.com protected by copyright as a collective work under the United States copyright laws. Dineplaces.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Dineplaces.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Dineplaces.com shall not be deemed to be in the public domain but rather the exclusive property of Dineplaces.com, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Dineplaces.com, unless otherwise stated.

·Monitoring.

Dineplaces.com shall have the right, but not the obligation, to monitor the content of the Site at all times to determine compliance with this Agreement and any operating rules established by Dineplaces.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Dineplaces.com shall have the right to remove any material that Dineplaces.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

·Privacy.

Dineplaces.com does not control or endorse the content, messages or information found in any Community, and, therefore, Dineplaces.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Dineplaces.com is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Dineplaces.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Dineplaces.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see DinePlaces.com Privacy Policy.

·License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Dineplaces.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

·Indemnification.

End User agrees to defend, indemnify and hold harmless Dineplaces.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.

· Termination.

Dineplaces.com may terminate this Agreement at any time. Without limiting the foregoing, Dineplaces.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Dineplaces.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

· Trademarks.

Dineplaces.com is a trademark of Infobiz, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Dineplaces.com are the property of their respective owners.