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 Terms of Service

 

Our Commitment To Privacy

Welcome to the DishandDine.com web site (the "Site"). The Site is owned and operated by Stone House Web Ventures, LLC ("Stone House", "we" or "us"). Please review the following terms and conditions (the "Agreement") carefully. You understand that the Site is for entertainment purposes only.



1. Acceptance of Agreement.

By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to this Agreement, please do not use the Site. Stone House may at any time modify or revise this Agreement in its discretion and will post a copy of the amended Agreement on the Site. Your continued use of the Site following the posting of any change constitutes your agreement to such change. If you do not agree to the amended Agreement, your only remedy is to stop using the Site. The latest Agreement will be posted on the Site. We recommend you regularly check this webpage for any updates and/or changes.

2. Registration.

In order to participate in any interactive feature on the Site (such as to post, comment on or rate a recipe; post tips, reviews or questions; play games; create a profile page; or send messages to members) you must register for an account on the Site.

To register, click on the "Registration" link at http://www.dishanddine.com/index.php/registration and follow the on-screen instructions. You will need to supply certain registration information that may include, without limitation, birth date, username, password, e-mail address, and first and last name ("Registration Data"). You must be at least 13 years of age or older to register and create an account. If you are between the ages and 13 and 18, you represent that you have parental consent to register for an account on this Site. You warrant that all Registration Data that you supply is accurate and you agree to update your Registration Data as necessary to keep it up to date and accurate. Stone House may use any Registration Data provided in accordance with its Privacy Policy privacy@dishanddine.com. If you provide Registration Data that is untrue, inaccurate or incomplete, or Stone House suspects in its sole discretion that you have done so, Stone House reserves the right to suspend or terminate your account and all use of and access to the Site by you.

a. Access to your account is through a combination of both your user name and password. Your user name will be your alias on the Site and will be associated with all of your posts to the Site. We reserve the right to require you to change your user name in the event we determine, in our sole discretion, that the user name you created is offensive. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. You must notify Stone House immediately of any breach of security or unauthorized use of your account. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you will be liable for any such unauthorized use. Stone House will not be responsible for any unauthorized use of your account and will not be liable for your losses caused by any unauthorized use of your account.

b. Registered users must log in each time they visit the Site in order to use any interactive feature. Registered users also have the ability to create personal My Plate profile pages that can only be viewed by other logged-in users. The My Plate pages can include registered users' personal and food-related information as well as quick links to favorite recipes, tips, reviews or questions. The creation of a My Plate page is required in order to communicate with other registered users using the Site's personal messaging system or to be added as a friend to another registered user's My Plate page.

c. Non-registered users may read recipes, tips, reviews and questions and view videos and images on the Site. Non-registered users may not participate in any interactive features on the Site, but are still subject to the terms of this Agreement.

3. User Conduct.

The Site is provided to individuals for their personal use. Any unauthorized commercial use of the Site is prohibited. The use of the Site to solicit business for any competitive website or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit through the Site or that are posted or submitted using your account. Please choose carefully what you post or submit. You warrant and agree that while using the Site, you will not:

• use the Site in any manner contrary to its authorized use and the terms of this Agreement;

• sublicense, sell, rent, lease, transfer or exploit any right in any portion of the Site;

• alter or modify any portion of the Site;

• distribute any portion of the Site;

• sell information associated with the Site;

• remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site;

• use the Site in connection with chain letters, junk email, spamming, or unsolicited messages (commercial or otherwise), or advertising of any kind;

• harvest or otherwise collect information about others, including email addresses, without their consent;

• create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;

• upload, post, transmit, distribute or otherwise publish through the Site unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, profane, obscene, libelous, hateful, pornographic, sexually explicit, violent, false, misleading, offensive, invasive of another's privacy, or otherwise objectionable material;

• upload, post, transmit, distribute or otherwise publish any material that infringes or may infringe the intellectual property rights or other rights of third parties, including without limitation, trademark or copyright;

• upload, post, transmit, distribute or otherwise publish any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment;

• upload, post, transmit, distribute or otherwise publish any material that you do not have a right to upload, post, transmit, distribute or otherwise publish under any law or any contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as a part of employment relationships or under non-disclosure agreements);

• upload, post, transmit, distribute or otherwise publish a photograph or video of another person without that person's consent;

• use the Site to violate any applicable law restricting the export or import of data, software or any other content;

• damage, interfere with or disrupt the Site or servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;

• decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Site;

• gain or attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or by any other means;

• circumvent, disable or otherwise interfere with security-related features or other features that prevent or restrict the copying or use of any content on the Site;

• interfere with another user's use and enjoyment of the Site;

• impersonate any person or entity or misrepresent your affiliation with a person whose recipe appears on the Site;

• intentionally or unintentionally violate any applicable local, state, national or international law;

• use the Site in any unethical manner or contrary to accepted community standards; or

• engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.



4. User Content.

You are solely responsible for the recipes, comments, tips, messages, photographs, videos and other content that you post or publish on the Site ("User Content"). You represent and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use the User Content, to include the User Content on the Site, and to permit other users to use and download or print copies of the User Content, (b) you authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content, and (c) you will not submit User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein. You retain all of your ownership rights in your User Content. By posting User Content on the Site or otherwise submitting it to us, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate the User Content for any purpose in connection with the Site, our (and our successors' and affiliates') business and the promotion thereof or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each Site user a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted by this Agreement. The above licenses granted by you in User Content are perpetual and irrevocable. We may remove User Content at any time. You agree that we may retain archival copies of User Content that has been removed or deleted.

5. Flagging User Content.

Registered users can flag User Content that they believe is inappropriate or offensive by clicking the "flag content" link below the post and completing the online form. Flagged posts are submitted to Stone House administrators for review and final action. The poster will be alerted if User Content has been deemed unacceptable and removed from the Site.

6. No Spam.

Stone House will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to its other rights or remedies, you agree to pay Stone House the sum of five dollars (US $5) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account (which is Stone House's genuine estimate of the damage it would suffer) or Stone House's actual damages, whichever is greater.

7. Intellectual Property.

You acknowledge and agree that all content and materials available on the Site, including but not limited to, our name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer and you may print copies of recipes, comments and tips for your personal non-commercial use, provided you keep intact all proprietary and other notices.

8. Copyright Infringement Claims.

In appropriate circumstances and at our sole discretion, we may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512):

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online 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, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

• 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.

The notification should be sent to our copyright agent:

Craig W Rogers
LLC Member
Stone House Web Ventures, LLC
20 North Main Street
South Norwalk, CT 06854
Telephone: (203) 831-9730
Fax: (203) 831-9735
Email: privacy@dishanddine.com


9. Monitoring.

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Site. The poster will be alerted if User Content has been deemed unacceptable and removed from the Site. Notwithstanding this right, we are not responsible for any materials posted by users.

10. Use of the Site.

We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Modifications to the Site.

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to, content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

12. Endorsements.

All products and marks that appear on the Site that are not Stone House's products or marks are the products or marks of their owners. Reference to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service. Similarly, Stone House does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Stone House expressly disclaims any and all liability in connection with User Content.

13. Privacy.

For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy privacy@dishanddine.com.

14. DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF POSTED RECIPES, TIPS OR OTHER CONTENT ON THE SITE, (C) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, OR (D) THE CONTENT OF ANY POSTS OR MESSAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

15. LIMITATION OF LIABILITY.

IN NO EVENT WILL STONE HOUSE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF, OR INABILITY TO USE, THE SITE, (B) THE SITE CONTENT, MATERIALS OR FUNCTIONS, (C) USER CONTENT, (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, INCLUDING PERSONAL INFORMATION CONTAINED THEREIN, (E) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, (F) THE CONTENT OF ANY POSTS OR MESSAGES, OR (G) THE CONDUCT OF ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

16. Indemnification.

You agree to defend, indemnify and hold us and our officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by any of them in connection with any claim arising out of or related to (a) your use of the Site, (b) your breach or violation of this Agreement, (c) your dispute with another user, (d) the unauthorized access to any password-protected area of the Site using your password, or (e) your violation or alleged violation of any third party right, including without limitation copyright or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

17. Termination.

This Agreement constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. Stone House reserves the right to terminate the account of repeat copyright infringers or users whose posts are repeatedly flagged and/or removed because of inappropriate content. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

18. Submissions.

All remarks, submissions, ideas, concepts, pictures or other information about the Site you submit to us will become our exclusive property. We will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

19. Choice of Law; Forum.

This Agreement will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflicts of law provisions. Any controversy involving us arising from or in any way related to this Agreement or your use of the Site will be heard in the appropriate State or Federal court in Fairfield County, Connecticut, and you irrevocably consent to the jurisdiction of such courts.

20. Notices.

Except as explicitly stated otherwise, any notices will be given by email to us at legal@dishanddine.com or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

21. General Provisions.

This Agreement, including our Privacy Policy privacy@dishanddine.com and any other rules or guidelines on the Site, constitutes the entire agreement between you and Stone House and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. The failure by either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.

22. Contact Information.

If you have any questions or comments about this Agreement, we can be contacted at:

Stone House Web Ventures, LLC
20 North Main Street
South Norwalk, CT 06854
info@dishanddine.com
(203) 831-9730