This is a legal agreement (“Agreement”) between you and CityDate LLC d/b/a DinnerDate, a Florida limited liability company (“DinnerDate”), which may be contacted at 4700 Millenia Blvd, Suite #400, Orlando, FL 32839. By accessing the DinnerDate website, currently located at (the “Site”), and using the Service (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICE. Your use of, or participation in, certain additional services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.
The Service consists of the following, without limitation: A service for people to purchase tickets to and attend organized dinners held at local restaurants (“Events”), meet and mingle with others at Events, create an online personal profile, and interact with other DinnerDate members via the Site. DinnerDate may revise its service offerings at any time, at its discretion, and this Agreement will apply to all additional services or revised services. DinnerDate also reserves the right to cease offering any services.
This Agreement is subject to change by DinnerDate in its sole discretion at any time, with or without notice. Your continued use of the Site or the Service after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
a. Minimum Age. You must be at least 18 years old to access the Site, register for the Service, or attend Events.
b. Marital Status. By requesting to use, registering to use, or using the Service, you represent and warrant that you are either (i) not married or (ii) separated from your spouse and in the process of obtaining a divorce or dissolution of your marriage.
c. Criminal History. By requesting to use, registering to use, and/or using the Service, you represent and warrant that (i) you have never been convicted of a felony; (ii) you have never been convicted of any crime involving violence, threatening behavior or sexual acts against another person; and (iii) you are not required to register as a sex offender with any government entity . DINNERDATE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, DinnerDate reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
2. Use of Site and Service.
As a user of the Site or a user registered to use the Service (a “Member” ), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DinnerDate is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
b. Geographic Limitations. The Service is intended for use in the United States. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Service is void where prohibited. To the extent that the Service is not legal in your jurisdiction, you may not use the Service. The Service may not be used where prohibited by law.
c. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Service; and (iii) your interactions with other Members through the Service or at Events.
d. Risk Assumption and Precautions. You assume all risk when using the Service and attending Events, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Service.
e. No Guarantees. You understand that DinnerDate makes no guarantees, either express or implied, regarding your compatibility or satisfaction with the number, personal characteristics, or interest level of other Members you meet through the Service or at Events, or as to the conduct of such individuals.
f. Reporting of Violations. You will promptly report to DinnerDate any violation of the Agreement by other Members.
g. Content Removal. DinnerDate reserves the right, but has no obligation, to monitor all information, content, messages, photographs, images or any other material you submit to the Service or post in the public areas of the Service (collectively, "Content"). DinnerDate will have the right to remove any such Content that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
h. Posting and Communication Restrictions. Your interactions with other Members will follow the Conduct Guidelines in addition to the terms of this Agreement. In addition to the foregoing, you will not post on the Site, transmit to other Members, communicate any content (or links thereto), or otherwise engage in any activity on the Site, through the Service, or at an Event, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Service;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs , or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
vi. solicits, promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Service;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
xi. is intended to annoy or interfere with others’ enjoyment of the Site;
xii. misleads, impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. uses scripts, bots or other automated technology to access the Service;
xiv. uses the Service for chain letter, junk mail or spam e-mails;
xv. collects or solicits personal information about anyone under 18; or
xvi. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
i. No False Information. You will not provide inaccurate, misleading or false information to DinnerDate or to any other Member or user. If information provided to DinnerDate or another Member or user subsequently becomes inaccurate, misleading or false, you will promptly notify DinnerDate of such change, or you will update your profile to reflect accurate and true information, if applicable.
j. No Advertising or Commercial Solicitation. You will not advertise or solicit any Member or user to buy or sell any products or services through the Service or at any Event. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to DinnerDate, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DinnerDate $50 for each such unsolicited communication you send through the Service.
k. Unique and Bona Fide Profile. As a Member of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide relationship-seeking purposes. Not all Members will necessarily be available for dating at any given time. DinnerDate may also create test profiles in order to monitor the operation of the Service.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that DinnerDate is the owner of valuable proprietary information, including without limitation, the website content, software code and other intellectual property used to operate the Site and the Service (collectively, “Confidential Information”). DinnerDate owns and hereby retains all proprietary rights in the Service and the Site, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Members’ Information. Other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any DinnerDate or third party proprietary information available via the Service.
d. License to Posted Content. By posting Content to any profile pages or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to DinnerDate and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such Content, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing.
4. User Information.
a. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on DinnerDate’s Privacy Statement located on the Site. By using the Site or the Service, you are consenting to the terms of this Privacy Statement.
b. No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, phone numbers or other contact information in your profile on the Service or in other communications that are accessible to other Members prior to an Event. You may, of course, exchange such information at your discretion with Members you meet at an Event or in follow-up communications after the Event.
c. Disclosure By Law. You acknowledge and agree that DinnerDate may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend DinnerDate’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
d. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, DinnerDate reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, DinnerDate suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that DinnerDate, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that DinnerDate is permitted to make such disclosure.
e. Use of Anonymous Information for Research. By using the Service, you agree to allow DinnerDate to anonymously use information from you and your experiences through the Service for research and development purposes and to improve the Service.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
The Service may contain links to web sites of third parties, including without limitation, advertisers, which are not under the control of DinnerDate, and DinnerDate is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. DinnerDate provides these links to you only as a convenience, and the inclusion of any link does not imply that DinnerDate endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Service (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that DinnerDate will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to DinnerDate with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Service. Please visit our Privacy Statement to learn more about how we use your information.
6. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DINNERDATE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DINNERDATE DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. DINNERDATE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by DinnerDate, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DINNERDATE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DINNERDATE. UNDER NO CIRCUMSTANCES WILL DINNERDATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
c. Beta Features. From time to time, DinnerDate may offer new “beta” features or tools with which its users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at DinnerDate’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL DINNERDATE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, OR THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN ANY EVENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DINNERDATE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DINNERDATE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE SERVICE OR THE SITE, OR PARTICIPATION IN AN EVENT EXCEED THE PRICE PAID BY YOU FOR THE RELEVANT EVENT OR SERVICE, OR, IF YOU HAVE NOT PAID DINNERDATE FOR ANY EVENTS OR SERVICES, FIFTY DOLLARS ($50.00).
b. No Liability for non-DinnerDate Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DINNERDATE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR PARTICIPATION IN ANY EVENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. DinnerDate and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that DinnerDate and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless DinnerDate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Service, (b) your participation in or inability to participate in any Event, (c) any user postings made by you, (d) your violation of any terms of this Agreement or your violation of any rights of a third party, or (e) your violation of any applicable laws, rules or regulations. DinnerDate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DinnerDate in asserting any available defenses.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of any page of the DinnerDate website , or e-mailing us at firstname.lastname@example.org.
10. Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the Service or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Service or Events. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review and update your options.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Service and will remain in effect in perpetuity unless terminated hereunder. Either you or DinnerDate may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. DinnerDate reserves the right to immediately suspend or terminate your access to the Service, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from the Service and any other records at any time at our sole discretion. In the event your access to the Service is suspended or you are refused admittance at or ejected from an Event due to the breach of this Agreement, you agree that all fees then paid to DinnerDate by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any Member’s use of the Service, DinnerDate reserves the right to send a notice thereof to other Members with whom you have interacted.
a. Cancellation of Membership. You may cancel your membership in the Service at any time by [clicking the “Close Account” link] [emailing customer service], and providing the information requested. Such cancellation will not affect any completed purchases of Event tickets or registrations, which remains subject to all applicable payment or purchase terms displayed at the time of sale, and you will not receive any refund except as otherwise set forth in those terms.
b. CALIFORNIA RESIDENTS: 3-Day Cancellation. You, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of the Agreement, excluding Sundays and holidays. To cancel the Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to CityDate LLC d/b/a DinnerDate, 4700 Millenia Blvd., Suite #400, Orlando, FL 32839 Attn: Cancellations. For Events, the day that you purchase a ticket will be the date of the Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after DinnerDate’s receipt of your cancellation notice.
We will make every reasonable effort to resolve any disagreements that you have with DinnerDate. If those efforts fail, by using the Service or participating in an Event you agree that any claim, dispute, or controversy you may have against DinnerDate arising out of, relating to, or connected in any way with this Agreement, the Service or your participation in any Event shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and DinnerDate; (b) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or DinnerDate’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DinnerDate will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor DinnerDate shall be entitled to arbitrate their dispute.
14. General Provisions.
a. Controlling Law. Any disputes arising out of or related to this Agreement or any use by you of the Service or participation in any Event shall be governed by the internal laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles, except that the Arbitration provision shall be governed by the Federal Arbitration Act.
b. Miscellaneous. This Agreement, which you accept upon registration for the Service, the Privacy Statement [link], and any applicable payment or purchase terms comprise the entire agreement between you and DinnerDate regarding the use of the Service and attendance at Events, superseding any prior agreements between you and DinnerDate related to the Service or Events (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Site are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your membership in the Service. The failure of DinnerDate to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service, attendance at an Event or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify DinnerDate’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit DinnerDate to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
CityDate LLC d/b/a DinnerDate
4700 Millenia Blvd., Suite #400
Orlando, FL 32839
(Please note only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded.)
16. Revision Date.
This Agreement was last revised on October 17, 2012.