Wine N Dine is the absolute easiest way to discover the best venues and food around you.
The app uses the power of your social network to provide the best tips and recommendations about dishes and wines.
There is no better way to discover what to eat than through beautiful photography....
...or as we like to put it "Food Porn"
WINENDINE LLC TERMS OF SERVICE
These terms of service (the “Terms of Service” or “Agreement”) of WineNDine LLC, a New York limited liability company (“WineNDine”), were most recently updated on March ____, 2014.
These Terms of Service govern all use of the WineNDine application (the “App”) and the services, content, applications or other functionality offered by WineNDine (collectively with the App, the “Service”). These Terms of Service constitute a legally binding agreement solely between WineNDine and you (and not any purported third party beneficiary). Please read them carefully before using the Service. By accessing the App or using the Service in any manner you are accepting these Terms of Service.
You agree that no joint venture, partnership, employment or agency relationship exists between you and WineNDine as a result of these Terms of Service or accessing the App or using the Service. WineNDine’s performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of WineNDine’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the App or Service.
1. ACCEPTANCE OF TERMS
WineNDine may, in our sole discretion, modify, add, delete or otherwise change the provisions of these Terms of Service from time to time. If you do not agree to the amended Terms of Service, you may not continue to use the Service. It is your responsibility to regularly check the App to determine if there have been changes to the Terms of Service.
The Service is intended solely for users who are twenty-one (21) years of age or older. Any registration by, use of or access to the Service by anyone under 21 is unauthorized, unlicensed and in violation of the Terms of Service. By using the Service, you represent and warrant that you are age 21 or older and you agree to abide by all of the terms and conditions of these Terms of Service. Your profile may be deleted and your membership may be terminated without warning if we believe that you are under 21 years of age even if you have represented yourself as 21 or older.
Individuals under the age of 21 are prohibited from registering on the Service and WineNDine does not knowingly collect or solicit personal information from anyone under the age of 21. If you are under 21, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 21 may provide any personal information to or on the Service. In the event that we learn that we have collected personal information from an individual under the age of 21, we will delete that information as quickly as possible. If you believe that we might have any information from or about an individual under the age of 21, please contact us at the address set forth below.
Use of the Service is void where prohibited by law.
From time to time, WineNDine may automatically check the version of the App installed on your device and, if applicable, provide updates for the App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App. By installing the App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the App and Updates will be governed by these Terms of Service (as amended by any terms and conditions that may be provided with Updates).
4. REGISTRATION AND SECURITY
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms or screens ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You may not, without such person’s authorization, create an account for anyone other than yourself, register or use a user name that is the name of another person or that is subject to any rights of another person, or impersonate another person.
5. DISABLING THE APP
WineNDine reserves the right to temporarily disable or permanently discontinue the App and any and all functionality of the App at any time and with no liability to you.
6. VOLUNTARY TERMINATION BY YOU
You may terminate this Agreement at any time by permanently deleting the App in its entirety from your device, whereupon (and without notice from WineNDine) any rights granted to you herein will automatically terminate, subject to the survival provision in Section 16 below.
7. TERMINATION BY US
In the event we terminate this Agreement (subject to the survival provision in Section 16 below) pursuant to, and in accordance with, these Terms of Service, you must immediately delete the App from your device.
8. INTELLECTUAL PROPERTY
WineNDine and all of WineNDine’s graphics, logos, designs, layouts, page headers, button icons, scripts and service names are the trademarks, servicemarks or trade dress of WineNDine in the United States and/or other countries. They may not be used, including as part of trademarks, servicemarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace. They may not be copied, imitated or used, in whole or in part, without WineNDine’s prior written permission, which permission may be withheld in the sole and absolute discretion of WineNDine.
App Content. All content of the App provided by WineNDine, including, without limitation, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof (collectively the “Site Content”) are the property of WineNDine and are protected, without limitation, by Federal copyright, trademark and patent laws and the common law of the State of New York. For purposes of these Terms of Service, the use of any Site Content on any other application, website or networked computer environment is strictly prohibited. For the avoidance of doubt, the foregoing will not prohibit integration of Site Content with third party sites or services when such integration is provided as a feature of the Service. You are hereby granted a limited, non-exclusive, non-transferable license to display the Site Content for non-commercial purposes only on your own mobile devices. Any other use of the Site Content is expressly prohibited. You may not make any modifications to any Site Content.
User Content. You are solely responsible for the profiles (including, without limitation, your name, image, likeness, and personal information), messages, notes, text, information, postings (including, without limitation, your preferences for wine, drinks, food dishes of all types and varieties and restaurants and other purveyors of food and/or drink, including any photos of the foregoing (“Preferences and Photos”)) and other content that you upload, publish or display (hereinafter, "post") through the Service, or transmit to or share with other users (collectively the "User Content"). We cannot guarantee the authenticity of any User Content accessed by you. Such access is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
By posting Preferences and Photos to the App, you explicitly disclaim any copyright or other intellectual property rights in the Preferences and Photos and acknowledge and agree that the Preferences and Photos are in the public domain and may be copied and reprinted by third parties without any legal consequence.
You may not post, transmit or share User Content on the Service that you did not create or that you do not have permission to post, transmit or share. You understand and agree that WineNDine may, but is not obligated to, review your User Content and may delete or remove (without your prior knowledge or consent) your User Content if, in its sole and absolute discretion, for any reason or no reason, WineNDine concludes that some or all of your User Content violates these Terms of Service. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service.
Without limiting the generality of the foregoing paragraph, you may not post, transmit or share User Content considered by us in our sole and absolute discretion to be libelous, slanderous or otherwise defamatory in any way (“Defamatory Content”), and we may delete such Defamatory Content immediately and without your prior knowledge or consent. In this regard, we bring to your attention that your Preferences and Photos are freely available to users of the App, in general, and restaurants and other food and beverage establishments and purveyors, in particular.
When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such User Content. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to WineNDine an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time. When information or your account is deleted, it will be prompty removed from the active App. This information will be subsequently deleted from WineNDine’s servers, though this process may take up to five business days to complete. During this period, your information may remain on backup media. Non-personal information may be retained by WineNDine.
You acknowledge that WineNDine may retain archived copies of your Member Content. WineNDine does not assert any ownership over your Member Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content.
Copyright Complaints. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that any material on the App infringes any copyright that you own or control, you may send a written notification of such alleged infringement to us at email@example.com.
In accordance with the DMCA and other applicable law, WineNDine has adopted a policy of terminating, in appropriate circumstances and at WineNDine’s sole discretion, users who are deemed to be repeat infringers. WineNDine may also at its sole discretion limit access to the Service and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. USER CONDUCT
The Service is intended to be used in a safe and enjoyable fashion. Users of the App or Service must not:
WineNDine expressly reserves the right, which shall be exercised in its sole and absolute discretion and without prior notice or consent, to remove any user from the Service and/or freeze the account(s) of any user who contravenes any of the provisions of these Terms of Service.
You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users
You are entirely responsible for maintaining the confidentiality of your username and password. Take note that no one at WineNDine will ever ask you to disclose your username or password for any reason, other than through the login process.
You are entirely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WineNDine will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
The Service is designed to help account holders share information with others. Certain information is shared by default with your “followers.” This information includes your user name and Preferences and Photos. You may modify the information shared with your followers through your account settings. WineNDine encourages you to share your Preferences and Photos only with people you know and trust. Please review your information sharing settings prior to sharing your Preferences and Photos. All sharing of information is done at your own risk.
12. THIRD PARTY WEBSITES AND CONTENT
The App may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Materials”). Such Third Party Materials are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the App or any Third Party Materials posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Materials. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Materials does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third Party Sites or to use or install any Third Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the site.
13. DISCLAIMER OF WARRANTIES
THE SERVICE, APP AND ALL MATERIALS AND CONTENT CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE APP AND CONTENT AND MATERIALS ON THE APP WILL BE AVAILABLE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS IN THE APP, MATERIALS AND CONTENT WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE SUCH CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICE OR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS APP. WE DO NOT WARRANT OR REPRESENT THAT THE APP WILL BE AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK. WE ARE NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE APP. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE CONTENTS OR MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY CONTENT AND MATERIALS RESTS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE THE SERVICE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THESE TERMS OF SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, PREFERENCES AND PHOTOS) THROUGH THE SERVICE, AND THE DOWNLOAD OR UPLOAD OF ANY USER CONTENT AND MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR MATERIAL OR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD WINENDINE, ITS AFFILIATED COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “WINENDINE PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (ON AN “AS INCURRED” BASIS), INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE WINENDINE PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S), INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO ANY ALLEGED DEFAMATORY CONTENT OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
15. LIMITATION OF LIABILITY AND REMEDIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE WINENDINE PARTIES SHALL BE LIABLE TO YOU OR ANY OF YOUR AFFILIATES UNDER ANY CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE APP OR SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE APP OR SERVICE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APP OR SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE APP, SERVICE OR OTHERWISE, (V) ANY OTHER MATTER RELATING TO THE APP OR SERVICE AND/OR (VI) ANY OF THE CONTENT, MATERIALS OR FUNCTIONS OF THE APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED $100.
16. GENERAL PROVISIONS
These Terms of Service contain the entire understanding and supersedes all prior understandings or agreements between you and WineNDine with respect to your use of the App or Service. If any court holds that any provision of these Terms of Service is illegal, void or unenforceable for any reason, such court shall have the power to modify such provision and, in its modified form, such provision shall then be valid and enforceable. If, however, such court is legally prevented from modifying such provision, then such provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Federal or state courts located in New York County, New York, and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Sections 7, 8, 13, 14, 15 and 16 of these Terms of Service shall survive any termination or expiration of this Agreement.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.
WineNDine knows that you care about how your personal information is collected, used and shared. We take your privacy seriously.
The App allows you to indicate your preferences for wine, drink, food dishes of all types and varieties and restaurants and other purveyors of food and/or drink, and include photos of the foregoing (“Preferences and Photos”). These Preferences and Photos will be shared with other users of the App to provide those users the benefit of your experiences. By uploading Preferences and Photos to the App, you explicitly disclaim any copyright or other intellectual property rights in the Preferences and Photos and acknowledge and agree that the Preferences and Photos are in the public domain and may be copied and reprinted by third parties without any legal consequence.
WineNDine may use your name, email address, and/or phone number to send you notifications regarding the Service, including but not limited to announcements, alerts regarding postings by other users or Service-related notifications. If you do not wish to receive email, phone or other communications from WineNDine, you can indicate this preference in your privacy settings.
Personal Information such as your name and email address may be provided by existing users of the App who wish to invite you to join the WineNDine community by downloading the App. This information will not be visible to third parties and will be used solely for purposes of the invitation unless and until you join WineNDine by downloading the App and becoming a registered user.
Non-Personal Information. Like many Apps, we collect and store certain information from users by using cookies. These cookies confirm that a user is logged in and tell us how and when the App is utilized. This information is aggregated in order to help us understand how our Service is used. Our cookies do not store your Personal Information. We treat cookie-generated data as non-Personal Information except where otherwise required by law. We may also use third party analytics tools such as Google Analytics to obtain non-personal information that is used in the aggregate to help us understand how our Service is used.
WineNDine takes reasonable precautions to protect user information, including locating account information on a secured server behind a firewall. Sensitive information (such as passwords) is encrypted using secure socket layer technology (SSL). However, no security measures are perfect or impenetrable. We therefore cannot and do not guarantee that information you provide through the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures. You understand and acknowledge that, even after removal, copies of information may remain viewable in cached and archived pages or if other users have copied or stored the information. Because email and instant messaging are not recognized as secure communications, we request that you not send sensitive information to us by email or instant messaging services.
SHARING OF INFORMATION
Among Users. The Service is designed to help registered users share information, including without limitation, Preferences and Photos, with other registered users, including your “followers.” By default, your user name is available for purposes of searching by other registered users of the Service. All sharing of information is done at your own risk, and individuals may disclose this information to third parties without WineNDine’s consent.
With Third Parties. WineNDine does not rent or sell your Personal Information to anyone without your permission. However, your Preferences and Photos are freely available to users of the App, restaurants and other food and beverage establishments and purveyors, and third party advertisers and advertising agencies. Otherwise, we do not share your Personal Information with third parties unless WineNDine believes such sharing is (1) reasonably necessary to offer the Service, (2) authorized by the user or (3) required by law.
We may provide information to third party service providers such as server hosts, data management companies and search engines (“Agents”) in order to facilitate the operation of the Service. These Agents may be granted temporary access to Personal Information in order to perform these services. WineNDine takes reasonable measures, including contractual protections, to limit the use of Personal Information by Agents to the specific purpose for which it is reasonably necessary.
WineNDine complies with judicial requests for Personal Information, account information, and other information and makes other legally required disclosures, provided that WineNDine does not reveal such information unless and until we believe in good faith that the request therefor meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
Information that you choose to provide through certain features of the Service may be published on the App, which may be indexed by third party search engines.
CHANGE OF CONTROL
The Service is intended solely for users who are twenty-one (21) years of age or older. Any registration by, use of or access to the Service by anyone under 21 is unauthorized, unlicensed and in violation of the Terms of Service. By using the Service, users represent and warrant that they are age 21 or older.
Individuals under the age of 21 are prohibited from registering on the Service and WineNDine does not knowingly collect or solicit personal information from anyone under the age of 21. If you are under 21, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 21 may provide any personal information to or on the Service. In the event that we learn that we have collected personal information from an individual under the age 21, we will delete that information as quickly as possible. If you believe that we might have any information from or about an individual under the age of 21, please contact us at email@example.com.
DELETING INFORMATION OR YOUR ACCOUNT
You may delete personal information on your account at any time by following the settings in the App. You may delete your account itself at any time by permanently deleting the App in its entirety from your device. When Personal Information or your account is deleted, it will be prompty removed from the active App. This information will be subsequently deleted from WineNDine’s servers, though this process may take up to five business days to complete. During this period, your information may remain on backup media. Non-personal information may be retained by WineNDine.
NOTICES AND REVISIONS
By using the Service, you are consenting to have your personal data transferred and processed in the United States, subject to the laws of the State of New York without giving any effect to conflicts of law principles.