Kind Diners SocietyTM
Website Terms of Use
Introduction
Welcome, we would like to take this opportunity to thank you for visiting the Kind Diners Society website (the “Website”) and any of our mobile sites and applications. Kind Diners Society is the name by which The Ultimate Wine Club Inc. is doing business and is referred to as Kind Diners Society herein. Our website is www.kinddiners.com.
Acceptance of Terms of Use
The Terms of Use represent the entire agreement between Kind Diners Society and its members and others using, visiting, or browsing the Website (“you” or “Members”), superseding all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Kind Diners Society website (“Website”), the content, products, or services provided by or through the Website, and subject to these Terms of Use. Acceptance of such terms is evidenced by using, visiting, or browsing the Website, without limitation or qualification.
Changes to the Terms of Use
Kind Diners Society has the right to make changes, modifications, alterations, or deletions of any content of these Terms at any given time. Due to timely updates, you are expected to occasionally visit this page to identify revisions to which you are bound. Use of the Website before and after changes made, signifies acceptance, agreement, and assent of the Terms of Use and are therefore bound to the existing rules.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Kind Diners Society. The materials, information and software (the "Materials") contained in this Site are protected by applicable copyright and trademark law. You may use the content of this Website only for the purpose of placing an order on this Website, perusing restaurants, viewing advertisements and offers we may post on the Website, or shopping on this Website, and for no other purpose. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing user submissions (“Submissions”) that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
Kind Diners Society, 11450 SE Dixie Hwy, Suite 206, Hobe Sound, FL 33455
Email: copyright@kinddiners.com
Your written notice must:
- contain your physical or electronic signature;
- identify the copyrighted work alleged to have been infringed;
- identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- contain adequate information by which we can contact you (including postal address, telephone number, and email address);
- contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- contain a statement that the information in the written notice is accurate; and
- contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at copyright@kinddiners.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Send counter-notices to the same addresses listed above and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
If the Sites receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Sites reserve the right to terminate the accounts of “repeat copyright infringers.”
Material on our Sites may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on our Sites without prior notice.
Your Use of the Website
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Kind Diners Society reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Kind Diners Society server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of Kind Diners Society, including any Kind Diners Society account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kind Diners Society’s systems or networks, or any systems or networks connected to the Website or to Kind Diners Society. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the service or Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kind Diners Society on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kind Diners Society or others.
Acknowledgement of Our Information and Intellectual Property to Any Submissions
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Kind Diners Society website, receipt of data, access to materials and information made available through the use of the Kind Diners Society website, the possibility of our review, use or display of your Submissions, and the possibility of publicity and promotion from our review, use or display of your Submissions.
While we welcome comments and suggestions from our Members and visitors to our Website, unfortunately it is Kind Diners Society policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by Kind Diners Society may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including but not limited to the following: pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).
If, despite our warnings, you send Kind Diners Society any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods, and inventions contained therein, to Kind Diners Society, and Kind Diners Society shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of these Terms of Use.
By submitting Unsolicited Materials to Kind Diners Society, you hereby appoint Kind Diners Society as your agent with the power to enter into and execute any contract, document, and/or do any act that Kind Diners Society considers appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.
You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Kind Diners Society in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by Kind Diners Society, you agree not to enforce any such rights against the Kind Diners Society or our licensees, distributors, agents, representatives, and other authorized users.
Links and Third-Party Websites
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to our Website.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Kind Diners Society’s acceptance of your order, nor does it constitute confirmation of an offer to sell. Kind Diners Society reserves the right at any time after receipt of an order to accept or decline an order for any reason.
Typographical and Other Errors
The Materials appearing on the Site may include technical, typographical, or photographic errors. Kind Diners Society does not warrant that any of the Materials on its Website are accurate, complete, or current. Kind Diners Society may make changes to the Materials contained on its Website at any time without notice. Kind Diners Society does not, however, make any commitment to update the Materials. In the event a subscription, service, or product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Kind Diners Society shall have the right to refuse or cancel any orders placed for such subscription, service, or product listed at the incorrect price. Kind Diners Society shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kind Diners Society shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Website User Conduct
All users of the Website shall be 18 years of age or older. In connection to the use of the Website and content, users are not allowed to:
- upload, post, e-mail, or otherwise transmit any:
- content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
- content that does not give any right to users to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- 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;
- use the Website for any unlawful purpose;
- interfere with or disrupt the services and content of the Website; or,
- intentionally or unintentionally, violate any applicable local, state, national, or international law.
Termination of access to the Website and use of its services and products may be performed by Kind Diners Society subject to the compliance to the Terms of Use. False, inaccurate, or incomplete information provided; engagement to any conduct that would otherwise harm any of Kind Diners Society’s rights or interests in its Website, services, products, or other property; or for any or no reason, can all be grounds for termination without prior notice.
Limitation of Liability
Kind Diners Society, its officers, directors, employees, attorneys, or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but is not limited to the use of services offered by Kind Diners Society, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by Kind Diners Society or the materials on the Website. The fact remains true despite the advice given to Kind Diners Society or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not be applicable to everyone since some states do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
Indemnification
You are entirely responsible for safeguarding and maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold Kind Diners Society, our Members, licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with Kind Diners Society in the defense of any claim. Kind Diners Society reserves the right, at Kind Diners Society’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer of Warranty
Kind Diners Society disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible pursuant to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of the any content on the Website; any losses or damages; or any conduct by users of the Website, either online or offline. Kind Diners Society does not warrant or represent the use or results of the use of the services or materials on the Website in terms of correctness, accuracy, reliability, or otherwise. The users shall assume the entire cost of servicing, repair, or correction.
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