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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.
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