Subscription Agreement
THIS IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU ("Subscriber") AND DINNER SELECT, A DIVISION OF DINNER CHOICES, LLC ("Dinner Select"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX NEXT TO "I ACCEPT" ON THE SUBSCRIPTION ENROLLMENT PAGE. BY CHECKING THE BOX NEXT TO "I ACCEPT", YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE USAGE SPECIFICATIONS SET FORTH HEREIN.
Introduction
By using this Website, you agree to be legally bound to and to abide by the terms of this Agreement, just as if you had signed this Agreement. The terms of this Agreement are designed to protect you, other subscribers and Dinner Select. If you do not comply with the terms of this Agreement at any time, Dinner Select reserves the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). From time to time, Dinner Select may supplement the terms of this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into the terms of this Agreement. Dinner Select also reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time and without notice. You should check this Agreement periodically for changes. By using this website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree with such changes, you should not use DinnerSelect.com and cancel your subscription. You represent that you have the authority to subscribe to DinnerSelect.com according to the terms of this Agreement. Dinner Select does not encourage, solicit, or permit subscribers who are known to be under the age of 16. Dinner Select does not accept credit cards from minors.
Term
You may choose to enter into the following Subscription Accounts: (i) a 13-week subscription; or (ii) a 52 week subscription. Subscription Accounts will be charged to the credit card designated at the time you register for the Subscription Account. Your subscription will begin on the date of your registration and will continue until the end of the initial subscription period, two weeks prior to the end of your subscription your subscription will automatically renewed for an additional 52 weeks, at the lower renewal rate. You agree to allow Dinner Select to charge your credit card for each renewal until you notify Dinner Select in writing of your decision to terminate your subscription. Dinner Select may terminate or change the availability of the service to you at any time. Such termination shall be effective immediately upon notice of termination. No refund will be given as a result of a termination by you. Should you object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with the service in any way, you agree that your sole recourse is to immediately (1) discontinue use of the service; (2) terminate your subscription; and (3) notify Dinner Select of your termination in writing by email to custserv@dinnerselect.com.
Use of This Web Site
Unless otherwise specified, Dinner Select grants you a non-exclusive, non-transferable, limited right to access and use the material provided on the DinnerSelect.com website for your personal, non-commercial use, provided that you comply fully with the terms of this Agreement. Specifically, as a subscriber, you have the right to print and/or download each recipe for your own non-commercial personal use. You acknowledge that DinnerSelect.com may contain photos, graphics, text, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles and other materials (collectively, "Content") that are protected by copyrights, trademarks and/or other proprietary rights. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Dinner Select owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. DinnerSelect.com is the trade name and servicemark of Dinner Choices, LLC. You may not modify, publish, transmit, distribute or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You do not obtain any ownership containing any Content which is downloaded onto your computer from DinnerSelect.com. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Registration and Password Use Responsibility
When registering as a subscriber, you agree to provide Dinner Select with true, accurate and complete information about yourself ("Subscriber Data"), and to maintain and promptly update the Subscriber Data to keep it accurate. You are responsible for maintaining the confidentiality of your password and user ID and you agree not to assign, transfer or sublicense your rights as a registered user of this Website, or share your username or password with anyone for their use. You agree to immediately notify Dinner Select of any unauthorized use of your user ID and password.
Privacy Policy
Dinner Select is committed to protecting your privacy and security. Any information you provide shall be subject to our Privacy Policy, which is incorporated into this Agreement by reference.
Postings, Community Standards and Conduct Guidelines
You agree not to use this Website to send or post any message or material in any format that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, misleading or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Dinner Select reserves the right to delete any such material from its Website, and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate this Agreement.You agree that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. Dinner Select does not control the Postings posted, emailed or otherwise transmitted by others on our Website and, as such, does not guarantee the accuracy, integrity or quality of such Postings. Our adopted standards and code of conduct for subscribers is important, but you acknowledge that there may be posts that you find offensive and that you may not agree with. Dinner Select will not, under any circumstances, be liable in any way for any Postings (other than for Content developed by DinnerSelect.com), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.By submitting Postings to any area of DinnerSelect.com, including message boards, contests, surveys and chat rooms, you expressly permit Dinner Select and its affiliates to identify you as the contributor of such Postings in any publication in any form, media or technology now known or later developed, unless you otherwise notify Dinner Select in writing at the time you submit the Postings that you do not wish to be identified, and you grant Dinner Select and its affiliates any and all rights necessary to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and/or incorporate in other works in any form, media, or technology now known or later developed (hereinafter “Rights”), for the full term of any Rights that may exist in such Postings. You also warrant that the holder of any Rights to submitted material has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the Rights stated above. Except as provided in our Privacy Policy, such content shall not be subject to any obligation of confidence on our part, and we shall not be liable for its use or disclosure.
Termination
Dinner Select reserves the right to terminate your subscription if it learns that you have provided false or misleading registration and subscription information. It also reserves the right, at its sole discretion, to immediately and without notice suspend or terminate your subscription and access to the Web site and/or any other service or product provided to you by Dinner Select upon any breach by you of this Agreement.If Dinner Select determines, at its sole discretion, that you have breached any portion of this Agreement, it may take any or all of the following actions:• warn you via e-mail that you have violated this Agreement• delete any or all content provided by you or your agent(s) to DinnerSelect.com• discontinue your subscription to DinnerSelect.com and/or any other Dinner Select community• notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action• take any other action which Dinner Select deems to be appropriate.
Warranty, Disclaimer and Indemnification Policy
Dinner Select makes no warranties of any kind, whether express or implied, with respect to this Website, its Content or the quality or effectiveness of any of the products or services advertised, described or provided hereunder. This Website and its Content are provided to you on as "as is" and "as available" basis. Dinner Select disclaims all warranties regarding the Website and its Content, including, for example, any warranties of merchantability, non-infringement and fitness for a particular purpose.Dinner Select shall in no way be responsible for the proper use of the Website or any of its Content, and you expressly agree that the use of the Website and any Content is at your sole risk. Dinner Select shall not be responsible for any direct, indirect, incidental, special or consequential damages caused, or alleged to have been caused, directly or indirectly, by the information, ideas or Content contained, suggested or referenced by DinnerSelect.com, including any messages received or transactions entered through DinnerSelect.com or resulting from unauthorized access to or alteration of your transmissions or data. Dinner Select does not guarantee the accuracy or completeness of any information provided by the Website and is not responsible for any errors or omissions or for the results obtained from the use of such information. Dinner Select cannot guarantee that use of this Website and its Content will be entirely secure, timely, uninterrupted and error-free. If you download or otherwise obtain anything from DinnerSelect.com, it is at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from such actions. Dinner Select will not be liable for any direct or indirect, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of this site.You agree to indemnify and hold each of the subsidiaries, affiliates, directors, officers, principals, employees and consultants of Dinner Select harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of DinnerSelect.com, the violation of this Agreement by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Copyright Complaints
Dinner Select respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: custserv@dinnerselect.com.
Choice of Laws
This Agreement shall be governed by and construed in accordance with the laws of Wisconsin without giving effect to its conflict of laws provisions. By using the DinnerSelect.com Website, you consent and submit to the exclusive jurisdiction and venue of the courts located in Wisconsin. In the event that any terms of this Agreement conflict with the laws under which this Agreement is to be construed, or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
Assignment
Dinner Select may assign its rights and obligations under this Agreement and, upon such assignment, Dinner Select may be relieved of any further obligation hereunder.
Retention of Rights
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Entire Agreement
This Agreement, our Privacy Policy and all concurrent or subsequently included agreements constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of Dinner Select, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.DinnerSelect.com is owned and operated by Dinner Select, a JADE International, Inc. company.
© 2009 JADE International, Inc. All Rights Reserved.
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