PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, SERVICE, AND/OR MOBILE APPLICATION.
Welcome to www.yodish.com, the YoDish service, and/or the YoDish mobile application (collectively, the “Site”). DineAssure, LLC (“DineAssure”, “we”, “us”) owns and operates the Site for your personal, non-commercial use. These Terms and Conditions of Use (“Terms”) set forth the terms and conditions for your use of the Site.
By using the Site, you signify your assent to these Terms. If you do not agree to the Terms, you are not authorized to use the Site, in which case you should exit the Site now.
The Terms, as revised or updated from time to time are a binding contract between DineAssure and you. Modifications shall be effective immediately upon being made available online. Thus, you should read these Terms carefully before each use of the Site so that you are aware of any modifications.
The Site content and its functionality are available to you conditioned upon your acceptance, without modification, of these Terms. These Terms apply to all users, including visitors to the Site and individuals who purchase goods or services from the Site. Your continued use of the Site indicates your acceptance of these Terms.
1. Use of Content.
(a) The Site is for use by individuals in their private capacity.
(b) The contents of the Site, such as text, graphics, images, information, and other material contained on the Site, regardless of whether such content is accessible to you with or without a subscription (“Content”) may be protected by copyright under both United States and foreign laws. Content may incorporate information that is owned by a third party or information obtained by DineAssure from a third party (including but not limited to information relating to the ingredients of restaurant menu items, information relating to which menu items are suitable for individuals having certain allergies or other health conditions, and information submitted by users of the Site). Subject to the previous sentence, ownership of the Content, including the design, organization, and layout of the Site, remains with DineAssure or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the sole discretion of DineAssure. Content may contain inaccuracies or typographical errors. All rights not expressly granted herein are reserved to DineAssure and its licensors.
(c) DineAssure authorizes you to view, download, or print no more than five (5) copies of the Content solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2012, DineAssure, LLC. All Rights Reserved. This material may contain content or information owned by third parties and licensed to DineAssure. Additional copyright rights may apply.” and other copyright and proprietary rights notices that are contained in the Content. Except as otherwise expressly permitted under copyright law, you may not copy, download, print, remove, publish, redistribute, modify, transmit, display, sell, prepare derivative works based on, or in any way exploit any Content without the express written permission of DineAssure and, if applicable, its third-party content providers. Any special rules for the use of certain Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
(d) DineAssure (or its licensors, as applicable) retains all rights, title and interest, including, without limitation, all rights of copyright (excluding DineAssure’s fair use of any third party material protected by copyright), patent, trademark (excluding DineAssure’s fair use of any third party trademarks), trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (together, “Intellectual Property Rights”), in and to all Content. Except as expressly provided in these Terms, you will not, through use of the Site, by virtue of these Terms or otherwise, acquire any rights whatsoever in any Content, including but not limited to any third party trademarks used on the Site.
(e) If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
2. Minimum Age Requirement. In order to use the Site, you must have the legal capacity to contract under the laws of the State from which you are accessing the Site. Minors (i.e., individuals younger than the age specified by state law at which they can enter into a legally binding contract) may not use the Site. By using the Site you represent that you have the legal capacity or authorization to form binding contracts.
3. Modifications to Site. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site (or any part thereof) without notice. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal of the Site or any Content contained therein.
4. Prohibited Conduct.
(a) In your use of the Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
(i) use the Site for any purpose in violation of local, state, national, or international laws;
(ii) insert your own or a third party's advertising, branding or other promotional content into any of the Content or use, redistribute, republish or exploit the Content for any further purposes, except as specifically allowed herein;
(iii) infringe or violate the rights of any third party, including without limitation, intellectual property (i.e., patent, trademark, copyright, etc.), privacy, publicity or contractual rights;
(iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
(v) interfere with, interrupt, damage, disable, overburden, or impair the Site, the Content or the services made available on or through the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(vi) attempt to gain unauthorized access to other computer systems through the Site;
(vii) alter information on or obtained from the Site;
(viii) assist any third party in doing any of the foregoing.
(b) You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
5. User Generated Content.
(a) You have the ability to interact with the Site and with other users of the Site by posting comments, submitting reviews, posting to message boards, and/or other interactive functionality (all such submissions and all information relating to such submissions shall be collectively referred to as “User Generated Content”). By submitting User Generated Content to the site, you hereby represent and warrant that:
(i) You own all rights in your User Generated Content and/or you have obtained all necessary rights in your User Generated Content to enable you to grant to DineAssure the rights in your User Generated Content described herein and to allow DineAssure to exercise all rights to such User Generated Content;
(ii) You have paid and/or will pay all fees and other obligations, of any kind, relating to any use of your User Generated Content;
(iii) You are the individual pictured and/or depicted in your User Generated Content or you have obtained permission from each person (including consent from the parent or guardian for any person who is under eighteen (18) years old) pictured and/or depicted in your User Generated Content, including but not limited to obtaining any necessary rights of publicity. Further, upon DineAssure’s request, you will provide all such permissions to DineAssure;
(iv) Your User Generated Content is not defamatory in nature, and the posting or use of your User Generated Content does not infringe the intellectual property rights (including, but not limited to, patent, trademark, copyright, or trade secret rights), privacy, rights to publicity or any other legal or moral rights of any third party;
(v) You will not stalk, threaten, harass, or invade the privacy of other users of the Site or others;
(vi) Your User Generated Content will not constitute, aid, or encourage conduct that is a crime, tort, civil offense, or otherwise violates any laws, rules or regulations.
(vii) You will not use any trademark or any copyrighted material owned by DineAssure without a license of other permission to do so.
(b) You agree to keep all documentation necessary to establish that your User Generated Content does not violate any of the representations and warranties contained herein. You further agree to make such documentation available to DineAssure upon DineAssure’s request.
(c) You acknowledge and agree that the Site does not feature any technology that would prevent other users from copying and/or redistributing your User Generated Content and that your User Generated Content will be copied.
(d) You acknowledge and agree that DineAssure has no obligation to pay or reimburse you for any use or copying of your User Generated Content.
(e) You acknowledge and agree that DineAssure may have already created, or may be in the process of creating content that may be substantially similar to your User Generated Content.
6. Ownership and License Rights for User Generated Content.
(a) Subject to the non-exclusive rights you grant to DineAssure under this Agreement, you retain ownership of your copyrights and other intellectual property or proprietary rights in your User Generated Content.
(b) You hereby grant to DineAssure a worldwide, royalty-free, fully paid up, perpetual, freely-transferable, freely sublicensable, non-exclusive license to use, reproduce, modify, transmit, publicly perform, distribute, display, and create derivative works from your User Generated Content, in any form, media, or technology. You agree that DineAssure may use your user name and other information provided by you in connection with DineAssure’s use of your User Generated Content.
(c) You agree that DineAssure’s posting of your User Generated Content or DineAssure’s use of your User Generated Content in
connection with the Site shall be sufficient consideration for the license granted y you to DineAssure under Subsection (c) above.
(d) You agree that DineAssure may refuse to post or remove posted User Generated Content in its sole discretion.
7. Prohibited User Generated Content. You acknowledge and agree not to submit, generate, and/or post any User Generated Content that, in DineAssure’s sole judgment, is detrimental to DineAssure or its users, including content that appears to be:
(i) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
(ii) infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;
(iii) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;
(iv) unsolicited, undisclosed or unauthorized advertising;
(v) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or
(vii) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
9. Disclaimers. You hereby acknowledge and agree that the disclaimer relating to the content of the Site, which is located at http://www.yodish.com/disclaimer.html, is incorporated into these Terms.
10. Indemnification. You agree to defend, indemnify, and hold DineAssure, its officers, directors, employees, agents, licensors, and suppliers, as well as other users of the Site, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the Site; (ii) your use of the Content, including but not limited to your use of any allergy-related menus or reviews; (iii) the use, posting, etc. of User Generated Content; or (iv) your violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Site.
12. Disclaimer of Warranties.
(a) Your use of the Site and the Content is at your own risk.
(b) DINEASSURE IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE SITE; NOR IS DINEASSURE RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SITE OR OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. FURTHERMORE, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF DINEASSURE. ACCORDINGLY, DINEASSURE ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION OR MATERIAL TRANSMITTED TO OR RECEIVED FROM THE SITE.
(c) THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. DINEASSURE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
(d) TO THE BEST OF DINEASSURE’S KNOWLEDGE, THE INFORMATION CONTAINED IN THE CONTENT IS ACCURATE. HOWEVER, DINEASSURE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS ACCURATE, RELIABLE, COMPLETE, CURRENT OR CORRECT; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(e) Without limiting any of the foregoing, DineAssure makes the following disclaimer regarding medical & health information: THE CONTENT LOCATED ON THE SITE SHOULD NOT BE INTERPRETED AS MEDICAL OR HEALTH ADVICE. THE CONTENT SHOULD NOT BE USED TO DIAGNOSE, TREAT, OR CURE ANY MEDICAL OR HEALTH CONDITION AND IT SHOULD NOT BE INTERPRETED AS CREATING ANY KIND OF DOCTOR-PATIENT OR HEALTH/MEDICAL ADVISOR RELATIONSHIP. YOU SHOULD NOT RELY ON THE CONTENT OF THE SITE BEFORE MAKING ANY DECISIONS CONCERNING YOUR HEALTH, DIET, NUTRITION, OR ALLERGIES. YOU SHOULD ALWAYS SPEAK TO A HEALTH CARE PROVIDER BEFORE MAKING ANY DECISIONS THAT AFFECT YOUR HEALTH. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS, OMISSIONS, OR ACTIONS YOU TAKE BASED UPON CHOOSING TO SEEK OR NOT SEEK PROFESSIONAL MEDICAL CARE AND/OR ADVICE. RELIANCE ON ANY INFORMATION PROVIDED BY DINEASSURE IS SOLELY AT YOUR OWN RISK. DINEASSURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, CONTRACTORS, AND AGENTS SHALL HAVE NO LIABILITY FOR YOUR MEDICAL, HEALTH, DIETARY, OR NUTRITIONAL DECISIONS BASED UPON THE CONTENT ON THE SITE.
13. Limitation of Liability.
(a) In no event shall DINEASSURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, CONTRACTORS, AND AGENTS be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from THESE TERMS, YOUR use of or inability to use the Site, or YOUR USE OF the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not shall DINEASSURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, CONTRACTORS, AND AGENTS are advised of the possibility of such damages.
(b) Without limiting Section 9(a), any claims arising from the Terms, the Site, and/or the Content must but brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
14. Rights Reserved. DineAssure reserves the right to refuse service or terminate your access to the Site or any of the Site’s services or features, including, without limitation, if DineAssure believes that your conduct violates applicable laws or is harmful to the interests of DineAssure.
(a) DineAssure is based in Charlotte, NC in the United States of America with principal offices in Charlotte, NC. DineAssure makes no claims that the Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
(b) If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
(c) No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
(d) The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
16. Jurisdiction and Governing Law.
(a) You expressly agree that exclusive jurisdiction for any dispute with DineAssure, or in any way relating to your use of the Site, resides in the state courts of Mecklenburg County, North Carolina, and in the federal courts in the Western District of North Carolina, Charlotte Division, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving DineAssure or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
(b) These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. To the maximum extent permitted by the governing law, these Terms and the transactions between DineAssure and you through the Site shall not be governed or affected by any version of the Uniform Computer Information Transactions Act enacted in any jurisdiction.
17. Complete Agreement.
Thank you for your cooperation. Questions or comments regarding the Site should be submitted to DineAssure at:
10130 Perimeter Parkway, Suite 200
Charlotte, NC 28216