By visiting the Dine website, you are agreeing to the terms of service. This Agreement is subject to change at any time, and changes are effective upon posting.
1. Eligibility: Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.
2. Fees/Termination: Dine's usage is completely free. We reserve the right to terminate your access to the site for any reason or no reason.
3. Proprietary Rights of Content on Dine: Dine owns and retains other proprietary rights in the Dine site and the Dine service. The site contains the copyrighted material, trademarks, and other proprietary information of Dine, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
4. Content Posted on the Site/CDA:
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Dine, or transmit to other Dine members.
C) By posting content to any public area of Dine, you automatically grant, and you represent and warrant that you have the right to grant, to Dine and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Dine if you provide Dine with your e-mail address via a registration process or post it on Dine you thereby authorize Dine and its affiliates and any entities that Dine becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
D) The following is a partial list of the kind of content that is illegal or prohibited on the site. Dine will investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegalor unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales withoutour prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Dine service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Dine Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Dine by our users or third parties.
5. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Dine service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Dine's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:General Counsel, Dine 2125 1st Ave, #2904 Seattle WA 98121
6. Member Disputes: Dine does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Dine members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Dine site, you release Dine, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Dine reserves the right, but has no obligation, to monitor disputes between you and other members.
8. Disclaimers: Dine, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Dine service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Dine service whether online or offline. Dine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Dine is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Dine site and/or in connection with the Dine service. Under no circumstances Dine, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the Dine site or transmitted to Dine Members. The site and the service are provided "AS-IS" and Dine expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dine cannot guarantee and does not promise any specific results from use of the site and/or the Dine service.
9. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Dine be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the Dine service, even Dine has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Dine's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Dine for the service during the term of membership.
10. U.S. Export Controls: Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Notices/Other: Except as explicitly stated otherwise, any notices shall be given by postal mail to:General Counsel, Dine 2125 1st Ave, #2904 Seattle WA 98121
or to the email address you provide to Dine during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dine may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Dine during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Dine, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Dine shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Dine's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.