Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Everything located on or in this web site is the exclusive property of Diner en Blanc International or used with the express permission of the copyright or trademark owner. Any copying, distributing, transmitting, posting, linking, or otherwise modifying of this web site without the express written consent or Diner en Blanc International is prohibited. Permission is granted to temporarily download one copy of the materials (information or software) on Diner en Blanc International's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Diner en Blanc International's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Diner en Blanc International at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
- The materials on Diner en Blanc International's web site are provided "as is". Diner en Blanc International makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Diner en Blanc International does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Diner en Blanc International or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Diner en Blanc International's Internet site, even if Diner en Blanc International or a Diner en Blanc International authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Diner en Blanc International's web site could include technical, typographical, or photographic errors. Diner en Blanc International does not warrant that any of the materials on its web site are accurate, complete, or current. Diner en Blanc International may make changes to the materials contained on its web site at any time without notice. Diner en Blanc International does not, however, make any commitment to update the materials.
6. Links
Diner en Blanc International has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Diner en Blanc International of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
Diner en Blanc International may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Diner en Blanc International's web site shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Quebec and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
GENERAL TERMS AND CONDITIONS OF USE
This website is owned, managed and operated by Dîner en Blanc International ("DEB INT"). By accessing this website and subscribing to the rights and/or privileges of Dîner en Blanc membership, you agree to be bound by these General Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site.
The terms and conditions stated herein are in addition to and shall supplement the membership terms and conditions that you might have received in your specific membership kit for a particular city, which terms and conditions are incorporated herein verbatim by this specific reference.
MEMBERSHIP FEES RIGHTS AND BENEFITS
Your Dîner en Blanc International membership provides unlimited Internet access to DEB INT's state of the art password protected website any time of the day or night, from any location with Internet service. DEB INT's web sites, secure servers and secure Internet connections comprise the most secure form of payment processing technology available anywhere.
A Dîner En Blanc membership is a unique and effective tool that entitles you to manage all aspects of the local event that you will be attending. Some of the features include: select your companion at your table; recommend another friend who can be invited to the event; communicate with his local organizers; mange seating arrangement; manage transportation to the event, purchase items from the store and subject to availability, a priority invitation to the next Diner en Blanc (DEB) event in the same city.
PLEASE NOTE THAT EACH DEB LOCAL CITY EVENT IS HOSTED BY AN INDEPENDENT GROUP AND YOU MUST CONTACT YOUR LOCAL DINER EN BLANC CITY EVENT ORGANIZER FOR DETAILED INSTRUCTIONS.
After your order is verified and submitted for billing, a yearly subscription fee in accordance with the terms of the offering materials will be billed to your designated credit card or bank account, and if you have so selected, will be continued to be charged on yearly basis until you contact us and cancel. You can contact our customer support by visiting www.dinerenblanc.com. DEB INT reserves the right to change the yearly subscription fee without notice.
YOU authorize DEB INT to deduct from your bank account all applicable transaction and membership fees and/or charges required to maintain your membership for one year or, additional time if you have requested auto renewal. Bank statements will reflect these transactions each year under debits from DEB INT or one of its registered trade names. DEB reserves the right to resubmit (up to 2 attempts) any payment declined or returned/rejected for non-sufficient funds (NSF). YOU understand that YOU may be responsible to YOUR bank for overdraft charges, return item fees or similar charges resulting from declined or NSF transactions, whether or not the item is paid or rejected.
PRICE AND AVAILABILITY
The Dîner en Blanc event (including products and services ordered or purchased through this Site from any Vendor or participating business) are subject to local event city regulations, and availability of proper venue and proper seating arrangement. DEB INT does not guaranty that local organizer of the event will be able to accommodate all the requests made by you on the DEB website.
REFUND POLICY:
Membership offers expressly require a customer to provide their name, address, bank account or credit card information and email address, and agree to be billed at full membership rates unless the order is cancelled before the end of the verification period. Upon receipt of your order, Paypal will present you with a receipt. You can also download the receipt from your page on the website. DEB reserves the right to refund all or a portion of subscription fees paid when, in its sole discretion and business judgment, it is fair and equitable to do so.
TRANSFER RESTRICTIONS AND UNAUTHORIZED USE:
You agree that you will use your membership only for your own benefit and the benefit of members of your immediate family who reside with you at your regular home address. You may not transfer, assign, sell or lend your membership or rights to any other person. You may not authorize or permit any person who under the age of eighteen, or who does not reside at your home regardless of age. You agree to preserve and protect the privacy, secrecy and/or confidential nature of your membership number, and all personal identification information used in connection with your membership number, including credit card information, bank account information, user ID and password, your social security number, etc., DEB INT reserves the right to suspend your account if your user name has been compromised, or used on two or more different IP addresses at the same time or so close in time that you could not physically have been present at the access locations within that time period.
REPRESENTATIONS AND WARRANTIES OF MEMBER
You warrant and represent that through or as a result of the rights and access authorization provided by DEB INT, and/or related to DEB's vendors, marketing partners, or other members you will not use any computer, server, digital or electronic equipment or devise, computer program or software, digital signal, digital message or communication process, website, server, or the Internet to upload, post, e-mail or otherwise send or transmit any material that contains 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. You also agree to not interfere with the servers or networks connected to DEB INT or to disobey any requirements, procedures, policies or regulations of networks connected to DEB.
ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, DEB RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
TECHNICAL ISSUES AND DISCLAIMER OF WARRANTY
You acknowledge and agree that technical processing and transmission by or to DEB INT, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Access to this Site and the availability of services, materials or documents from the Site is subject interruption of access to the Internet caused by technical failures, or issues which may include interruptions beyond our control, such as your Internet access, technical failures associated or weather/power related outages. To the extent the interruption is caused by issues within our control, we agree to re-establish access to the Site in our sole and absolute discretion, to terminate your service and refund any unused portion of your current, monthly subscription fee. The yearly membership fee is subject to change by DEB without notice.
TERMINATION, AMENDMENT AND MODIFICATION
DEB reserves the right to amend, modify and/or change any of the terms and/or conditions set forth herein at any time without notice. The effective dates of any amendments or modifications shall be posted on the website and such modifications shall be effective as of the date of posting, Your continued access to the website and/or use of your membership rights or DEB INT services will constitute your acknowledgment and acceptance of the modified or amended terms and/or conditions. DEB INT retains the right at any time (and from time to time) to discontinue, modify, temporarily or permanently terminate the DEB INT website (or any part thereof) with or without notifying you. If DEB INT discontinues the site, DEB INT will not be liable to you or any third party for such discontinuance, modification or termination.
DISPUTE RESOLUTION
Any dispute arising out of, or related to, this Agreement, including any amendments or related agreements or understandings, whether verbal or in writing, and whether arising prior to, during, or after the term of this Agreement, shall be resolved by the parties in accordance with these provisions.
Negotiation: The parties shall first seek to resolve the dispute by way of negotiation in good faith by persons with decision-making authority regarding the dispute and, if unable to reach agreement within [10] business days, the parties shall jointly initiate a mediation.
Mediation: If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to mediation, by way of a single mediator jointly selected by the parties, under the auspices of the American Arbitration Association and shall participate in the procedures provided by AAA. The settlement of the parties, in writing and duly signed by all parties, is final and binding on the parties, with no rights of appeal, and shall be enforceable by the parties in accordance with contract law and any applicable legislation or treaties governing the enforceability of settlements reached through mediation. If the parties are unable to reach a settlement, the mediation is without prejudice to either party's right to demand Binding Arbitration.
Binding Arbitration: If the parties are unable to resolve the dispute through negotiation and mediation, the dispute shall be resolved by binding arbitration according to the Commercial Rules of Arbitration of the American Arbitration Association. Any arbitration shall occur in Montreal, Quebec, and the laws of Canada shall apply to all issues. Arbitration shall be to a single arbitrator mutually selected by the parties according to AAA rules and procedures. The arbitrator shall have binding authority to determine all issues arising out of this Agreement and to enter any legal, equitable or restitutionary remedy, including injunction and/or restitution. Fees and costs of arbitration shall be initially born by the parties equally.
YOU UNDERSTAND THAT NEITHER OF US SHALL BE ENTITLED TO A JURY TRIAL. YOU WILL NOT BE PERMITTED TO RESOLVE ANY CLAIM OR DISPUTE IN A COURT OF LAW OR EQUITY.
PROMOTIONS AND ADVERTISING
DEB INT and/or its business partners may present advertisements or promotional materials on or through the Site or Service. Your participation in any promotion, as well as your purchase of any product or service described in such advertisements or promotional materials, whether or not any such promotion or offer is linked or available through the Site, are subject to those terms and conditions contained or referenced within the promotional materials, web page, or website associated with such offer or promotion. Your participation in other promotions on or through the Site or Service is not required by the terms of this Agreement, but is subject to any terms and conditions stated in connection with such offer or promotion. You agree that DEB INT and the DEB local city event organisers shall not be held responsible or liable for any loss of damage arising out of any other offer or promotion, and these Terms and Conditions of Use shall apply only between you and DEB with respect to your online access to the information posted on this Site.
CHANGES TO THE SITE - UPDATES –
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
CHANGES TO TERMS AND CONDITIONS
DEB may at any time, and at their sole discretion, modify these Terms and Conditions of Use, with or without notice. Amendments or modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
LINKS
This Site may contain links to or references to third party Sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other Sites or otherwise made available through their Sites are solely those of such third parties and not of DEB or its Vendor. Your use of such third party Sites is subject to the terms and conditions of use and the privacy policies of such Sites.
BILLING FRAUD AND FRAUD RESOLUTION
DEB and its payment processing affiliates have a zero tolerance policy for fraudulent transactions, including the use of unauthorized bank account or other billing information as payment for products and services. DEB will prosecute the fraudulent use of billing information to the fullest extent of the law. In the event of a claim of unauthorized billing or fraud, you agree to assist DEB in the timely and complete resolution of the claim, including where applicable the provision of other or additional billing information on your account.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of DEB INT or its licensors and are protected by copyright, trademark and other intellectual property laws. Dîner en Blanc name, logo, business and marketing methods, web designs, graphics and related trade dress or marks (collectively the "Materials") are the intellectual property of DEB and/or its licensors. All rights reserved. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part Site) without express prior written consent of DEB INT. Use of Materials is only permitted with the express written permission of DEB INT. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site.
DISCLAIMER OF WARRANTIES
This site, its contents, and any software, products, and services offered or contained herein are provided on an "as is" basis and on an "as available" basis. DEB INT makes no representations or warranties of any kind with respect to this site, its contents, or such software products and services, and disclaims all such representations and warranties, including, without limitation, for example warranties of merchantability and fitness for a particular purpose., non-infringement of third party rights, error-free or uninterrupted service, accuracy availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, any software, tools, tips, product or services provided through this site. in addition, DEB does not represent or warrant that the information accessible via this site is accurate, complete or current, price and availability information is subject to change without notice.
LIMITATION OF LIABILITY
In no event shall DEB INT, its affiliates, and any of their respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any materials, information, qualification and recommendations appearing on this site; any software, tools, tips, products, or services offered through, contained in or advertised on this site; any link provided on this site; and your account and password, whether or not deb int has been advised of the possibility of such damages. this exclusion of liability shall apply to the fullest extent permitted by law. this provision shall survive the termination of your right to use this site. you acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
DEB INT makes no warranty that the functions of the site will be uninterrupted, secure or error free or that any errors on this site will be corrected. DEB INT and/or its affiliates assume no responsibility for (1) any problems relating to technical malfunction or delays of telephone networks or lines, computer on-line systems, servers, providers, computer equipment, or software, (2) failure of any e-mail to be received due to technical problems or traffic congestion of the internet, DEB sites, or any combination thereof. to the extent permitted by applicable law, DEB shall not be liable to you for any damages, losses, consequential or exemplary damages of any kind, including without limitation any injury or damage to your computer and/or any other computers or computer equipment as the result of downloading any materials relating to this site.
INDEMNIFICATION
You agree to indemnify and hold harmless DEB INT and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from DEB INT electronically, either by e-mail or by notices posted on this site, as determined by DEB INT in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by DEB INT in writing is satisfied by such electronic communication. You agree that DEB INT and/or its affiliates may send you e-mails, which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your membership and your relationship with DEB INT and/or its affiliates.
CONSENT FOR PHOTOGRAPHY AND FILMING
When attending a Dîner en Blanc® event, guests enter an area where photography, audio and video recordings will occur.
By entering the event premises, guests consent to interview(s), photography, audio recording, video recording and their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by Dîner en Blanc® and its affiliates and representatives. Guests release Dîner en Blanc® International and local Dîner en Blanc® organization, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.
By entering the event premises, guests waive all rights they may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. Guests also waive any rights to review or approve of any photo, video, or audio recording taken by Dîner en Blanc® and/or the person or entity designated to do so by Dîner en Blanc®.
