Welcome to Dinnersinaflash.com (the "Website"). Please read this Terms and Conditions of Use Agreement ("Agreement") before using the Website. This agreement governs the use of the Dinners in a Flash online service. By Using this Website, you agree to the terms and conditions in this Agreement.
We reserve the right in our sole discretion to change, modify, add or delete portions of this Agreement at any time. We will provide Agreement of such changes only by posting the updated Agreement on our Website and changing the "last updated" date listed above. This Agreement applies exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may have with Dinnersinaflash.com, L.L.C. ("Dinnersinaflash.com") for products, services or otherwise. We encourage you to review our Agreement each time you visit our Site to see if it has been updated since your last visit. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.
Dinners in a Flash (DIAF) service is an interactive meal planning service among the lay public At DIAF, we take your privacy seriously. The forms on our site require Members to give us their email address, and other information relating to your family meal preferences. Such information may be used to provide you with personalized and matched content within the site. At DIAF we do not share or sell any information that could be linked to your identity.
Proprietary Rights
All Website materials, including, without limitation, the Dinnersinaflash.com logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are proprietary property of Dinners in a Flash, L.L.C. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary Agreements intact. Any other use of Content, is strictly prohibited.
"Dinnersinaflash.com," may not be copied, imitated or used, in whole or in part, without the prior written permission of Dinners in a Flash, L.L.C. All page graphics, graphical content, software and scripts are service marks, trademarks of Dinnersinaflash.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dinners in a Flash, L.L.C.
Dinnersinaflash.com may have other intellectual property rights. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such web pages or any software does not give you any license to our intellectual property. All rights not expressly granted herein are reserved.
Dinnersinaflash.com may provide hyperlinks to sites and content of third parties ("Third-Party Content") as a service to those interested in this information. Dinnersinaflash.com does not monitor or control any Third-Party Content. Dinnersinaflash.com does not endorse, guarantee or warrant the accuracy of any Third-Party Content. Users use Third Party-Content at their own risk.
By submitting any content (each, a "Submitted Item") to Dinnersinaflash.com, you hereby grant to Dinnersinaflash.com an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation of any kind.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
Publication or use of any Submitted Items is at the sole discretion of Dinnersinaflash.com and Dinnersinaflash.com is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Dinnersinaflash.com, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant Dinnersinaflash.com the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
User Conduct
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:
1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without Dinnersinaflash.com's written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
6. Harm minors in any way; or
7. Upload, post, email, transmit or otherwise make available 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.
Disclaimer
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. DINNERSINAFLASH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DINNERSINAFLASH.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DINNERSINAFLASH.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Dinnersinaflash.com reserves the right to change any and all Content contained on this Website at any time without Agreement. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dinnersinaflash.com.
Limitation of Liability
IN NO EVENT SHALL DINNERSINAFLASH.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF DINNERSINAFLASH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Dinnersinaflash.com and its officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party's rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
Termination
Dinnersinaflash.com reserves the right, without Agreement and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyright Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Dinnersinaflash.com
Name of Agent Designated to Receive Notification of Claimed Infringement: Julie Languille
Full Address of Designated Agent to Which Notification Should be Sent: 1689 Hazen Shores Ct, Freeland, WA 98249.
E-Mail Address of Designated Agent: julie@Dinnersinaflash.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give Agreement of a claim of copyright infringement to our users by means of a general Agreement on the Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records. Dinnersinaflash.com may, within its sole discretion, terminate authorization of users to its Website who are repeat infringers.
Contact Us
If you have any questions about this legal Agreement, the practices of this Website, or your dealings with this Website, please contact us at info@Dinnersinaflash.com
