Dining Desires Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Web site.
| Effective Date: This Terms of Use Agreement was last updated on December 08, 2010. |
| This Terms of Use Agreement sets forth the standards of use of the Imaginative Concepts Marketing Online Service. By using the Imaginative Concepts Marketing/Dining Desires web site you (the “User”) or (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Imaginative Concepts Marketing/Dining Desires web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. |
| 1. Description of Services |
| a. General Use |
| Imaginative Concepts Marketing is providing general use of a hospitality and entertainment guide. Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection. |
| b. Member Use |
| Imaginative Concepts Marketing is providing a hospitality and entertainment guide. Member;s must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection. |
| c. Upgraded Subscription Services |
| Imaginative Concepts Marketing is providing a paid subscription listing service for establishments in the hospitality and entertainment industry who want access to our web site tools, services, and ranking order. Member's must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, (3) pay any fees relate with such connection, and (4) provide Member’s own accurate establishment information, services, and policies. |
| d. Free Subscription Service |
| Imaginative Concepts Marketing is providing a free listing service for hospitality and entertainment related establishments who wish to be listed in our database. Member's must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, (3) pay any fees relate with such connection, and (4) provide Member’s own accurate establishment information, services, and policies. |
| e. Paid Advertising Services |
| Imaginative Concepts Marketing is offering paid monthly advertising space for hospitality and entertainment advertisers . Advertisers must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Advertisers access to the Internet, (3) pay any fees relate with such connection, (4) create and manage own advertisement, and (5) follow Imaginative Concepts Marketing advertising guidelines. |
| 2. Guidelines For Use |
| The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership. Imaginative Concepts Marketing Services and Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that Imaginative Concepts Marketing finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Imaginative Concepts Marketing Services or Site for any criminal or illegal activities or any activities that might be legally actionable. Imaginative Concepts Marketing reserves the right to determine what constitutes Internet abuse and objectionable conduct. If Imaginative Concepts Marketing believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to Imaginative Concepts Marketing Service. The following activities are strictly prohibited under this Agreement:
In addition, violations of system and network security are strictly prohibited. If you notice a problem with other members not following these Guidelines, please notify us by contacting Community Support. |
| 3. Disclaimer of Warranties |
| The site is provided by Imaginative Concepts Marketing on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Imaginative Concepts Marketing makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Imaginative Concepts Marketing shall have no liability for any interruptions in the use of this Web site. Imaginative Concepts Marketing disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. |
| 4. Limitation of Liability |
| IMAGINATIVE CONCEPTS MARKETING SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR IMAGINATIVE CONCEPTS MARKETING SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT,WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IMAGINATIVE CONCEPTS MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. |
| 5. Indemnification |
| Member agrees to indemnify and hold Imaginative Concepts Marketing, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. |
| 6. Members Account |
| All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Imaginative Concepts Marketing ltd of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Imaginative Concepts Marketing ltd. |
| 7. Modifications and Interruption to Service |
| Imaginative Concepts Marketing reserves the right to modify or discontinue the Service with or without notice to the Member. Imaginative Concepts Marketing shall not be liable to Member or any third party should Imaginative Concepts Marketing exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Imaginative Concepts Marketing does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. |
| 8. Third-Party Sites |
| Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. |
| 9. Disclaimer Regarding Third-Party Advertisers |
While Imaginative Concepts Marketing makes every effort to ensure that the information on this web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided by third-party vendors on this web site. If you have a complaint about a product or service purchased through a third party vendor please contact us at customersupport@diningdesires.com. |
| 10. Governing Jurisdiction of the Courts Canada |
| Our web site is operated and provided in the Province of Ontario Canada. As such, we are subject to the laws of Canada, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Canada. |
| 11. Compliance with Laws. |
| Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. |
| 12. Copyright and Trademark Information |
| All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Imaginative Concepts Marketing ltd A/O Dining Desires, with all rights reserved, or is the property of Imaginative Concepts Marketing ltd and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Imaginative Concepts Marketing ltd is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Imaginative Concepts Marketing ltd.
Imaginative Concepts Marketing and Dining Desires are proprietary marks of Imaginative Concepts Marketing. Imaginative Concepts Marketing’s trademarks may not be used in connection with any product or service that is not provided by Imaginative Concepts Marketing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Imaginative Concepts Marketing. |
| All other trademarks displayed on Imaginative Concepts Marketing’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Imaginative Concepts Marketing. |
| 13. Notification of Claimed Copyright Infringement |
| Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Imaginative Concepts Marketing.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. |
By Mail:
By Phone at : (905) 581-3733 (800) 969-1342 By Email: customersupport@diningdesires.com |
| 14. Botnets |
| Imaginative Concepts Marketing retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Imaginative Concepts Marketing reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. |
| 15. Payment and Service Features |
If you register for the Imaginative Concepts Marketing Pay-for Services, the Pay-for Services are for the Member ONLY and may not be shared or features transferred to others. Unless otherwise stated, all fees are quoted in CAD Dollars. A credit card or PayPal account is required for all Pay-for Services. Upon confirmation of payment to Imaginative Concepts Marketing, you will receive the benefits and features as set forth in the descriptions of the check out process. Ranking order is based on levels in this order. 1.)Levels If you have any further questions, please contact Customer Service at sales@diningdesires.com. To cancel your Imaginative Concepts Marketing Pay-for Services, contact us at cancel@diningdesires.com.
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| 16. Term of Service Termination |
This Agreement shall be effective for as long as you use the Services. Either you or Imaginative Concepts Marketing may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. Imaginative Concepts Marketing may terminate this Agreement immediately if, based on Imaginative Concepts Marketing's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of Imaginative Concepts Marketing Services or Site, (ii) infringed or violated any intellectual property right of Imaginative Concepts Marketing or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party. The termination of this Agreement shall terminate your access to the Services. Neither Imaginative Concepts Marketing nor any Imaginative Concepts Marketing Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement. Upon termination of this Agreement, the perpetual license you have granted to Imaginative Concepts Marketing shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. |
| 17. Other Terms |
| If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Imaginative Concepts Marketing, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. |
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