December 16, 2010
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
Part I: GENERAL USE
DineTonite provides exclusive discounts plus reservation on restaurants for our end-user thru an online service operated by dinetonite.com, Inc. on the Internet’s World Wide Web, consisting of information services, content and transaction capabilities provided by dinetonite.com, affiliates of dinetonite.com and other third parties.
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, the 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. The 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 dinetonite.com, and dinetonite.com shall not be responsible for any data lost while transmitting information on the Internet. While it is dinetonite.com objective 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. You understand and acknowledge that due to circumstances both within and outside of the control of dinetonite.com, access to the Site may be interrupted, suspended or terminated from time to time.
dinetonite.com shall have the right at any time to change or discontinue any aspect or feature of dinetonite.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, dinetonite.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
End-user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related there to. dinetonite.com shall not be liable for any damages to the End-user’s equipment resulting from the use of this Site.
5. End-User Conduct
The foregoing provisions of this Section 5 apply equally to and are for the benefit of dinetonite.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of dinetonite.com, Inc. 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 DINETONITE.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 dinetonite.com protected by copyright as a collective work under the United States copyright laws. dinetonite.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 dinetonite.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 dinetonite.com shall not be deemed to be in the public domain but rather the exclusive property of dinetonite.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 dinetonite.com, unless otherwise stated.
End-user shall not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. dinetonite.com does not have any express burden or responsibility to provide End-user with indications, markings or anything else that may aid End-user in determining whether the material in question is copyrighted or trademarked. End-user shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End-user warrants that the owner of such material has expressly granted dinetonite.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End-user also permits any other end-user to access, view, store, or reproduce the material for that end-user's personal use. End-user hereby grants dinetonite.com the right to edit, copy, publish and distribute any material made available on this Site by End-user.
The foregoing provisions of Section 6 apply equally to and are for the benefit of dinetonite.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Access and Interference
Much of the information on the dinetonite.com Site is updated on a real time basis and is proprietary or licensed to dinetonite.com by affiliated Restaurants or third parties. By using the dinetonite.com Site, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access the dinetonite.com Site for any purpose without dinetonite.com's express written permission.
- Take any action that imposes or may impose (in dinetonite.com's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Implement any manual processes to monitor or copy dinetonite.com Content from the dinetonite.com Site without express written permission.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the dinetonite.com Site.
8. 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 DINETONITE.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.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END-USER SPECIFICALLY ACKNOWLEDGES THAT DINETONITE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END-USER.
IN NO EVENT SHALL DINETONITE.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.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DINETONITE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END-USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
DINETONITE.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 DINETONITE.COM. MOREOVER, DINETONITE.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DINETONITE.COM, DEEMS UNSUITABLE.
dinetonite.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by dinetonite.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, dinetonite.com shall have the right to remove any material that dinetonite.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant
By posting communications on or through this Site, End-user shall be deemed to have granted to dinetonite.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.
End-user agrees to defend, indemnify and hold harmless dinetonite.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 or the inability for a restaurateur to honor the reservation with the exception of the restaurant closing down due to chapter 11 or an event of nature.
dinetonite.com may terminate this Agreement at any time. Without limiting the foregoing, dinetonite.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 dinetonite.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End-user of this Agreement. The provisions of Sections 3, 5, 6, 8, 10, 11, 12 will survive termination of this Agreement.
DineTonite.com is a trademark of dinetonite.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on dinetonite.com are the property of their respective owners.
15. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by End-user, but may be so transferred, assigned or delegated by dinetonite.com.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
17. Third Party Content
dinetonite.com is a distributor (and not a publisher) of content supplied by third parties and End-users. Accordingly, dinetonite.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end-users are those of the respective author(s) or distributor(s) and not of dinetonite.com. Neither dinetonite.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end-user, or other user not under contract with dinetonite.com. dinetonite.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on dinetonite.com by anyone other than authorized dinetonite.com employee spokespersons while acting in official capacities. Under no circumstances will dinetonite.com be liable for any loss or damage caused by an end-user's reliance on information obtained through dinetonite.com.
It is the responsibility of End-user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through dinetonite.com.
dinetonite.com contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by dinetonite.com of the contents on such third-party sites and dinetonite.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End-user decides to access linked third-party Web sites, End-user does so at its own risk. Unless you have executed a written agreement with dinetonite.com expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. dinetonite.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for dinetonite.com established by dinetonite.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
dinetonite.com headquarters are in New York, New York. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New York (exclusive of its rules regarding conflicts of laws). By using this Site, End-user agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in New York, New York under the rules of arbitration of the American Arbitration Association.
PART II: RESERVATIONS
This section refers to our reservation features. Some important topics may be repeated from the General Use section.
What We Do.
dinetonite.com provides the Services to End-user for the purpose of assisting End-user in securing dining reservations with an exclusive discount at participating third party restaurants (each a "Restaurant"). In response to an End-user's online request, the dinetonite.com Site directly contacts the Restaurant's computerized database of reservations. The availability of reservations is determined at the time of End-user's query. Once a reservation is made by End-user, dinetonite.com will provide confirmation of the reservation to End-user by email. By using the Services, End-user agrees to receive reservation confirmations by email after booking a reservation through the dinetonite.com Site.
dinetonite.com is committed to providing superior quality services to its End-users and Restaurants. To assist us in maintaining a consistently high level of service with the participating Restaurants and patrons, End-users are asked to cancel any reservations that they will be unable to honor at least 3 hours in advance on the day of the reservation. You may cancel your reservation online. Certain restaurants may have a unique cancellation policy, at which point the restaurants cancellation policy prevails over any other policy. End-users are charge a fee when they make a reservation with an exclusive discount. When a cancellation is made within the allotted time, Dinetonite will credit the end-user account with the same amount of the fee to be use at a later time. No cash refunds will be issue. In the case of larger party reservations, where the restaurant has requested a credit card, you may be required to cancel your reservation in accordance with that restaurant's individual cancellation policy, which will always be shared with the End-user at the time the reservation is made.