Effective Date: November 29, 2012.
BEFORE USING THE SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS,
INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR
INDEMNITY TO US, MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING
CLAIMS IN A CLASS ACTION FORMAT.
It’s important that you read the entire Terms
but here are some of the more significant terms that we want to bring to your
attention (click on section references for details):
- Each time you use the Sites, these
Terms and any Additional Terms (defined below) apply. Any updates to them
will apply to you prospectively; so you should check back each time you
return for any updates. You agree that we may give you notices of new,
revised or changed terms and other important matters by prominently
posting notice on the home page of the Sites (defined below), or in
another reasonable manner; and we may contact you by mail or email sent to
the address provided by you.
- You may only use the Materials
(defined below) on the Sites in connection with your permitted activities
on the Sites and not in an offline environment or in connection with
another site or service. You grant us a broad license to content you submit or post.
Sites or your communications to DIVAS WHO DINE through or related to the Sites.
our practices detailed in it, including targeted advertising.
- Many types of disputes that may
arise in connection with your access to and use of the Sites are subject
to mandatory arbitration — which includes your waiver of a right to a jury
trial. (Section 19)
- We are providing the Sites to you
on an “as-is” basis, without any warranty of any kind, and our
liability to you in connection with your use of the Sites is very limited.
Many other limitations and disclaimers relate to your use of the Sites.
These Terms constitute legally binding terms and
govern your use of http://www.DIVAS WHO DINE.com (and the associated services, which
are operated by DIVAS WHO DINE (“DIVAS WHO DINE” or “we,”
“our,” or “us”) including but not limited to any
interactive features, widgets, applications, content or dDIVAS WHO DINEloads
(collectively “Apps”) that are DIVAS WHO DINE or controlled by DIVAS
WHO DINE, are available through the Websites or that interact with the Websites
and post these Terms regardless of the type of device used to access them. The
Websites and the Apps are collectively referred to herein as the
“Sites.” These Terms do not apply to any other web site or any
offline activities by DIVAS WHO DINE (unless specifically stated).
You agree to these Terms by accessing, browsing
or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO
NOT USE THE SITES.
In some instances, both these Terms and a
separate terms of service or guidelines document setting forth additional
conditions may apply to a service or product offered via the Sites
(“Additional Terms”) such as our house rules applicable to User
Forums (defined below) (the “House Rules”). The Additional Terms are
incorporated by reference into these Terms. To the extent there is a conflict
between these Terms and any Additional Terms, the Additional Terms will control
unless the Additional Terms expressly state otherwise.
In addition, please review the Sites’ Privacy
Policy, which explains our information collection
practices, such as the types of information we collect regarding visitors to
the Sites and how we may use that information. By using the Sites, you
collection and use of your data in accordance with the Privacy