Welcome to DiningList
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access DiningList in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from DiningList, excluding content you create and sharing with friends/family.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
When you sign-up as a hotel, you grant us full and absolute rights to use your image, name, restaurant recommendation list, page view counts and other information when we market the service to restaurant advertisers.
When you sign-up as a restaurant, you grant us the right to use your pictures, menu, etc to promote your restaurant to hotel guests.
No cash for recommending
DiningList never charges a fee for you to create a list and it never costs a restaurant anything to be recommended on a list. Hotels should only recommend restaurants that they feel are worth recommending.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with DiningList.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.
Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings. You agree not to collect users' personal and/or contact information ("PI").
You agree we may moderate DiningList.com access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
If you choose to pay us for our service, you authorize us to charge your account for DiningList fees. Unless noted, fees are in US dollars; tax is additional.
Except for the first $100 in advertising fees, which are refundable upon request up to 12 months after you make your first $100 deposit, to the extent permitted by law, all other fees are nonrefundable, even for lists where you are removed. We may refuse advertising, which may place a hold on your account.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law
- We make no promise as to DiningList.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
- You access and use are at your own risk, and DiningList.com is provided "AS IS" and "AS AVAILABLE";
We are not liable for any harm resulting from
- user content;
- user conduct, e.g. illegal conduct;
- your DiningList.com use;
- our representations;
- WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("DiningList ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- DiningList.com ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
- IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree to following claims
- Any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your DiningList use is governed by Florida ("FL") law regardless of your location or any conflict or choice of law principle;
- Claims must be resolved exclusively by state or federal court in Naples, FL (except we may seek injunctive remedy anywhere);
- To submit to personal jurisdiction of said courts;
- Any Claim must be filed by 1 year after it arose or be forever barred;
- Not to bring or take part in a class action against DiningList.com Entities;
- (Except government agencies) to indemnify DiningList.com Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your DiningList.com use.