TERMS OF SERVICE
Last Updated on 1/3/2011
These terms and conditions (the "Terms of Service") govern your access to and use of the go indie websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). go indie and its affiliated sites (collectively the “Site”) are operated by dine indie, inc. a Pennsylvania corporation. By accessing the Site or using the Service, you are agreeing to these Terms of Service and entering into a legally binding contract with dine indie, inc. Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
Parties. “You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to dine indie, inc.
Content. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, compliments, messages, and information that you publicly display or displayed on the Site and on related third party sites, including but not limited to Facebook.com. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Our Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than dine indie, inc. or its users, which is made available in connection with the Service or on the Site. "Site Content" means all of the Content that is made available in connection with the Service and on the Site, including Your Content, User Content, Third Party Content, and Our Content.
2. Changes to the Terms of Service.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available here and on the Site. You should revisit this page on a regular basis. You understand and agree that your continued access to the Site or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
3. Using the Service
Eligibility. To access the Site or use the Service, you must be of the age of majority in the jurisdiction where you are domiciled. You acknowledge that dine indie, inc. and the Site are located in United States of America ("U.S.") and the Services are provided in accordance with the applicable laws of the U.S.
Permission to Use the Service. We grant you a limited, non-transferable, personal, revocable license to access the Site and use the Service subject to these Terms of Service. Your use of the Service is at your own risk.
Site Availability. We make no warranty that the Site or the Service will be available and you agree that access may be interrupted, suspended or discontinued at any time without notice. We may be modify, update or change the Site or the Services at anytime and without notice to you.
User Accounts. You must create an account on the Site or on certain third party site(s) such as Facebook.com and provide certain information about yourself in order to use some of the features that are offered on the Site through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
There are two types of accounts:
"Personal Account" is an account for your personal, non-commercial use only. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
"Business Account" is an account to be used solely for the purpose of representing your business in connection with the Site and the Service. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. If, at any time, you are no longer an authorized representative of the business in question, you must close your Business Account immediately.
Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
You agree not to:
Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a dine indie inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes";
Upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another;
Collect or store personal data about other users;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
•use your home page (or directory) as storage for remote loading or as a door or signpost to another home page; or
Except as expressly permitted as part of the Service, engage in commercial activities without the express written consent of dine indie, inc.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms You acknowledge that we acquire all Rights to use any posted materials as described above so that we do not violate any Rights you may have in materials you post. By submitting content to or through our sites, you grant us the non-exclusive right and license to reproduce, modify, and distribute it as we see fit in any medium and for any purpose in any form, media, or technology now known or later developed. You also permit any other user to access, display, and print such content for personal use. You vouch that any material you submit does not violate, plagiarize, or infringe upon the right of any third party, including copyright, trademark, or proprietary rights. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it.
Ownership. We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site and the Service, except where explicated noted to the contrary. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us.
Responsibility for Posts. You are responsible for all posts you make on the Site and for the consequences of any such posts. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right but do not assume the obligation to restrict or prohibit your use of our sites if we believe you are violating any of these Terms of Service and to remove, edit, or relocate any submission as we see fit whether for legal or other reasons.
6. Copyrights and Copyright Agent
Dine indie, inc. respects the rights of all copyright holders. If you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please provide dine indie's Copyright Agent the following information required by Section 512 of the Digital Millennium Copyright Act:
•A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
•Information reasonably sufficient to permit us to contact the complaining party;
•A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
dine indie's Copyright Agent may be contacted at:
Charles A Wilkinson Law Offices
68 East Broad Street
Bethlehem, PA 18018
7. Third Parties
The Site and Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify and hold dine indie, inc., its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
9. Disclaimers and Limitations of Liability
EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE SITE AND SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO THE SITE AND USE OF THE SERVICE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. WE DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
10. Choice of Law and Venue
Pennsylvania law will govern these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and us (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BERKS COUNTY, PENNSYLVANIA.
You may terminate your access to the Site and these Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing us with a notice of termination here [[email protected]]. If you close your account, we may continue to display Your Content on the Site.
We may terminate this Agreement or close your account, suspend your ability to use certain portions of the Site or Service, and/or ban you altogether from the Site or Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
12. General Terms
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications on the Site.
These Terms of Service, and any other policies or agreements expressly incorporated herein, contain the entire agreement between you and us regarding the use of the Site and the Service, and supersede any prior agreement between you and us on such subject matter.