Terms of Use
Updated: April 19 2010
Welcome to the new DiningFeed.com
Your use or continued use of DiningFeed.com indicates to us that you have read and agreed to these Terms of Use, Privacy Policy and Copyright Agreement which governs our affiliates,partners, advertisers and Delora Media's relationship with you in relation to this website. Please read them carefully.
This Terms of Use, also referred to as the "Agreement", is a binding contract between you and Delora Media, regarding your use of DiningFeed.com
The term "Delora" or "us" or "we" refers to the owner of DiningFeed.com, Delora Media, whose registered office is in Fredericton, New Brunswick.
The term "DiningFeed.com" refers to DiningFeed.com. The term "you" refers to the user or viewer of our website.
All of the information, content, services and software displayed on, transmitted through, or used in connection with DiningFeed.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like are referred to collectively, as the "Content".
If you do not agree with any of the terms or conditions outlined in this document, alone or in their entirety, please exit immediately.
THE USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:
If you operate a web site and wish to link to DiningFeed.com, you may link only to a domain or subdomain, and not directly to any other page. You may not utilize any framing technique that involves the use of any logo, trademark, copyrighted material or otherwise proprietary information including images, text, site layout or forms, without written consent.
You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through DiningFeed.com, not to insert any code or product or manipulate the content of DiningFeed.com in any way that affects the user's experience, and not to use any data mining, bots, Trojan horse, or any data gathering or extraction method in connection with your use of DiningFeed.com. Any illegally created derivitive work is the property of Delora Media.
Some areas of DiningFeed.com may require registration or otherwise ask you to provide information to make use of or participate in certain features or gain access to certain content. In all cases the decision to provide any information is entirely optional, however if you elect not to proffer such information, you may not be able to access certain content or features or participate in various areas of DiningFeed.com. You may also be asked to provide information in other contexts, in order to enter a sweepstakes, contest or promotion, as an example.
When you subscribe or register to become a member of DiningFeed.com or provide information to DiningFeed.com in any other manner, you agree to provide only true, accurate, current and complete information on all registration and information gathering pages. Using a name other than your own legal name is prohibited (except in those specific areas of DiningFeed.com, like message boards or comments, that may specifically ask for unique or fictitious names). You agree that DiningFeed.com may use the information you provide to us according to our Privacy Policy.
Becoming a subscriber or registered member of DiningFeed.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your Membership or any Membership rights to another user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access DiningFeed.com using your name in whole or in part. DiningFeed.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Use.
When you place material on, or communicate in any way with Delora Media or DiningFeed.com, including communication during registration, message board and comments, resumes, photographs, sweepstake entries and any other transmission of information conducted on the site, you represent and warrant that you own or otherwise control all of the rights to the content that is being communicated, that the content is accurate, it does not violate these Terms of Use, and that it will not cause injury to any person or entity.
You unequivocally grant Delora Media, DiningFeed.com, affiliates, relevant advertisers, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to make use of, in whole or in part, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media or technology of any kind now existing or developed in the future as allowed under our Privacy Policy. Without limiting the generality of the previous sentence, you authorize Delora Media and DiningFeed.com to include the information you provide in a searchable format that may be accessed by users of Diningpick.com.
You grant DiningFeed.com and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Delora Media and DiningFeed.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication engaged in with Delora Media and DiningFeed.com or disclose to Delora Media and DiningFeed.com for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Delora Media and DiningFeed.com does not accept unsolicited materials or ideas for use or publication. Delora Media and Diningpick.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Delora Media or DiningFeed.com
E. Interactive Features
DiningFeed.com message boards, comment features, chat rooms and other such interactive areas are provided to give users a forum to express their opinions and share their ideas and information. Given the nature of DiningFeed.com and the volume of messages and postings, Delora Media cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers, addresses or other information that can be used to identify or locate you. Delora Media and DiningFeed.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
As stated in the DiningFeed.com Privacy Policy, Delora Media, DiningFeed.com and its affiliates do not knowingly collect information about children and therefore children may not use any DiningFeedc.com interactive features.
Interactive areas, message boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ and disagree - opinion is subjective and we encourage freedom of speech and a marketplace of ideas. But by using these areas of DiningFeed.com, you are participating in a community that is intended for all of DiningFeed.com users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by DiningFeed.com in its discretion at any time after posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using DiningFeed.com, please refrain from posting material that:
- may contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- violates any right of DiningFeed.com or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, provincial or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of DiningFeed.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on DiningFeed.com without the express permission of the owner of that material.
- uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Use.
- includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any civic, municipal, provincial, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of DiningFeed.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through DiningFeed.com or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Delora Media and DiningFeed.com will also make every reasonable effort to remove any posts suspected of being made by a child.
WARNING: A VIOLATION OF THE PRECEDING GUIDELINES AND PROHIBITIONS WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES WHEN APPROPRIATE.
Your dealings or communications through DiningFeed.com with any party other than Delora Media or DiningFeed.com are solely between you and that third party. As an example, certain areas of DiningFeed.com may be e-commerce enabled and allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will DiningFeed.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully the third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
DiningFeed.com is controlled, operated and administered by Delora Media from its offices within Canada. DiningFeed.com makes no representation that materials or Content available through Diningpick.com are appropriate or available for use outside Canada and access to them from territories where their contents are illegal is prohibited. You may not use DiningFeed.com or export the Content in violation of Canadian export or intellectual property laws and regulations. If you access DiningFeed.com from a location outside Canada, you are responsible for compliance with all local laws.
DiningFeed.com uses reasonable efforts to include accurate and up-to-date information, however we make no warranties or representations as to the accuracy of the presented details and content and assume no liability or responsibility for any error or omission. DiningFeed.com does not represent or warrant that use of any Content, as defined in our Copyright Information, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on DiningFeed.com may be provided and/or hosted by third parties. Delora Media and DiningFeed.com have not reviewed all of the sites linked to DiningFeed.com and is not responsible for the content of any off-site pages or links to or from any other sites. While Delora Media and DiningFeed.com encourages such third parties to abide by these Terms of Use, Delora Media and DiningFeed.com accepts no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF DININGFEED.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH DININGFEED.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER DELORA MEDIA, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING DININGFEED.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. CE NETWORK MAKES NO WARRANTY THAT DININGFEED.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DININGFEED.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
DININGFEED.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DININGFEED.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH DININGFEED.COM YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
DININGFEED.COM AND DELORA MEDIA SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING DININGFEED.COM OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DININGFEED.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH DININGFEED.COM. DELORA MEDIA AND DININGFEED.COM ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, DININGPICK.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM DININGFEED.COM.
IN NO EVENT SHALL DININGFEED.COM OR DELORA MEDIA, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DININGFEED.COM NOR DELORA MEDIA, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DININGPICK.COM AND DELORA MEDIA, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF DININGFEED.COM; (B) DININGFEED.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Delora Media and DiningFeed.com reserves the right to change these Terms of Use at any time in its discretion and to notify users of any such changes solely by changing this Terms of Use. Your continued use of DiningFeed.com after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.
Delora Media may modify, suspend, discontinue or restrict the use of any portion of DiningFeed.com, including the availability of any portion of the Content at any time, without notice or liability. Delora Media may deny access to any person or user at any time for any reason. In addition, Delora Media or Diningpick.com may at any time transfer its rights and obligations under this Agreement to any Delora Media affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Delora Media, DiningFeed.com or any of their assets.
These Terms of Use will be governed by and construed in accordance with the laws of the Province of New Brunswick, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Delora Media or DiningFeed.com must be filed in a federal or provincial court located in Moncton, New Brunswick, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Delora Media or DiningFeed.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Delora Media and DiningFeed.com, and all other provisions for which survival is equitable or appropriate.
If you have any questions, comments or concerns regarding this Agreement you may write to Delora Media for more information at:
Delora Media
