DinDin Party LLC
Terms and Conditions
September 13, 2017
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR DINDIN PARTY (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK DINDIN PARTY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS IN ANY CIRCUMSTANCE NOR DOES IT OPERATE AS A PLACE OF BUSINESS FOR VENDING FOOD OF ANY SORT. THE HOST HAS THE SOLE AND ULTIMATE RESPONSIBILITY FOR COMPLIANCE WITH ALL LAWS, REGULATIONS AND OTHER OBLIGATIONS REGARDING THE DINDIN PARTY. THE COMPANY HAS NO CONTROL OVER THE QUALITY OF THE DINDIN PARTY, PERSONS PRESENT AT THE DINDIN PARTY, CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“DinDin Party Content” means all Content that the Company makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and DinDin Party Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or any other materials.
“Guests” means a Member who requests booking of a DinDin Party via the Site, Application or Services, or a Member who participates in a DinDin Party in a location identified by the Host.
“Host” means a Member who prepares and/or hosts a DinDin Party for Guests.
“DinDin Party” means any event and/or entertainment offered by a Host or available for purchase via the Site or Application.
“Member” means a person who completes an account registration process with the Company, including, but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, Application and Services are intended solely for persons who are 18 or older. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to locate and participate in a DinDin Party prepared, organized and/or hosted by a Host. Such DinDin Party events are listed on the Site, Application and Services by Hosts. You may view DinDin Party events as an unregistered visitor to the Site, Application and Services; however, if you wish to book a DinDin Party or create a DinDin Party, you must first register to create a DinDin Party Account (defined below).
As stated above, the Company makes available a marketplace for Hosts and Guests to connect online. The Company is not an owner or operator of food establishments, including, but not limited to, restaurants. The Company does not Host or provide food materials for Hosts. Similarly, the Company is not a contracting agent or representative of any Host. Instead, The role of the Company is solely to facilitate the availability of DinDin Party events by making available the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED ONLY TO FACILITATE THE BOOKING OF DINDIN PARTY EVENTS AND IN-HOME ENTERTAINMENT. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY DINDIN PARTY AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DINDIN PARTY OR ENTERTAINMENT IN A DINDIN PARTY. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DINDIN PARTY EVENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUESTS’ OWN RISK.
In order to access certain features of the Site and Application, and to book a DinDin Party or create a DinDin Party, you must register to create an account (“DinDin Party Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (e.g. Facebook, Google) (known hereafter as a “Third Party Account”) via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your DinDin Party Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to the Company through the Site, Services or Application; or (ii) allowing the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third party service providers. By granting the Company access to any Third Party Accounts, you understand that the Company will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your DinDin Party Account and DinDin Party Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your DinDin Party Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or access to such Third Party Account by the Company is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your DinDin Party Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and the Company is not responsible for any SNS Content.
We will create your DinDin Party Account and your DinDin Party Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active DinDin Party Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your DinDin Party Account and your access to the Site, Application and Services if you create more than one (1) DinDin Party Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your DinDin Party Account, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your DinDin Party Account.
The Company reserves the right, in its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or may provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Company does not endorse any Members, any DinDin Party or any Member Content. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from DinDin Party with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any DinDin Party.
As a Member, you may apply to become a DinDin Party Host and upon approval create a DinDin Party. To this end, you will be asked a variety of questions about the DinDin Party to be listed, including, but not limited to, the location, capacity, menu, date, and pricing and related rules and financial terms. In order to be featured in DinDin Party via the Site, Application and Services, all DinDin Party events must have valid physical addresses. Your DinDin Party will be made publicly available via the Site, Application and Services. Other Members will be able to book your DinDin Party via the Site, Application and Services based upon the information provided in your DinDin Party. You understand and agree that once a Guests requests a seat at a Host’s DinDin Party, the price for such booking may not be altered.
As a Host you acknowledge and agree that you are solely responsible for any and all DinDin Party events you post. Accordingly, you represent and warrant that any DinDin Party you post and the booking of, or Guests attendance at, a DinDin Party you post (i) will not breach any agreements you have entered into with any third parties, (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any DinDin Party included in a DinDin Party you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties; and (iii) agree not to invite any persons other than Guests at a DinDin Party. Please note that the Company assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations, or a Host’s failure to comply with the aforesaid covenants.
You understand and agree that the Company does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guests requests a booking of your DinDin Party and consumes your DinDin Party, any agreement you enter into with such Guests is between you and the Guests and DinDin Party is not a party thereto. Notwithstanding the foregoing, DinDin Party serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.
Please note that DinDin Party reserves the right, at any time and without prior notice, to remove or disable access to any DinDin Party for any reason, including a DinDin Party that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a DinDin Party you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your DinDin Party, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your DinDin Party. Any Member wishing to book a DinDin Party must meet these requirements.
If you are a Host, the Company makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for your DinDin Party. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the DinDin Party at your request or invitation.
The Company recommends that Hosts obtain appropriate insurance for their DinDin Party. Please review any insurance policy that you may have for your DinDin Party carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of persons (including the Guests and any individuals the Guests invites to the DinDin Party, if applicable) while at your DinDin Party.
The Company has purchased an insurance coverage to protect Hosts and Guests. As with any insurance policy, additional insurance terms, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Guests. None of the statements in this section should be interpreted as binding and are provided for quick reference only.
Bookings and Financial Terms
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your DinDin Party via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by the Company in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guests who has requested the booking, (ii) a link to the Guests’ DinDin Party Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guests on such SNS, and (iv) an indication that the name that the Guests provided to DinDin Party when the Guests became a Member matches the name that the Guests provided to the SNSs to which the Guests has linked his or her DinDin Party Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a DinDin Party within such 24 hour period, any amounts collected by the Company for the requested booking will be refunded to the applicable Guests’s credit card and any pre-authorization of such credit card will be released.
When you confirm a booking requested by a Guests, the Company will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each DinDin Party are comprised of the DinDin Party Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the DinDin Party Fees and Service Fees. The DinDin Party Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guests solely relating to a Host’s DinDin Party are the “DinDin Party Fees”. PLEASE NOTE THAT IT IS THE HOST AND NOT THE COMPANY WHO DETERMINES THE DINDIN PARTY FEES. The DinDin Party Fee may include a cleaning fee, at the Host’s discretion. The Company charges a fee to Guests based upon a percentage of applicable DinDin Party Fees, which are the “Service Fees”. The Service Fees are added to the DinDin Party Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable DinDin Party. The Company will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 48 hours of the booking request) and will remit the DinDin Party Fees (less Service Fees to the Host within 48 hours of when the Guests arrive at the applicable DinDin Party.
Each Host hereby appoints the Company as the Host’s limited payment collection agent solely for the purpose of accepting the Total Fees from Guests.
Each Host agrees that payment made by a Guest through the Company shall be considered the same as a payment made directly to the Host, and the Host will make the DinDin Party available to the Guests in the agreed-upon manner as if the Host had received the DinDin Party Fees. Each Host agrees that the Company may, in accordance with the cancellation policy selected by the Host and reflected in the relevant listing, (i) permit the Guests to cancel the booking up to 48 hours prior to the event, and (ii) refund to the Guests that portion of the DinDin Party Fees specified in the applicable cancellation policy. Each Host understands that the Company accepts payments from Guests as the Host’s limited payment collection agent and that the obligation of the Company to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. The Company does not guarantee payments to Hosts for amounts that have not been successfully received by the Company from Guests. In accepting appointment as the limited authorized agent of the Host, the Company assumes no liability for any acts or omissions of the Host.
Please note that the Company does not currently charge fees for the creation of a DinDin Party. However, you acknowledge and agree that the Company reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of a DinDin Party. Please note that the Company will provide notice of any DinDin Party fee collection via the Site, Application and Services, prior to implementing such a DinDin Party fee feature.
Bookings and Financial Terms for Guests
The Hosts are solely responsible for honoring any confirmed bookings and making available such related DinDin Party reserved through the Site, Application and Services. The Company is not responsible for honoring such bookings and has no control over the fulfillment of such obligations. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a DinDin Party, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such DinDin Party imposed by the Host. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, and the Company is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
The Company will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by the Company in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by the Company will be refunded to such Guests, depending on the selections the Guests make via the Site and Application, and any pre-authorization of such Guests’ credit card will be released, if applicable.
You agree to pay the Company for the Total Fees for any booking requested in connection with your DinDin Party Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that the Company reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once the Company receives confirmation of your booking from the applicable Host, the Company will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable DinDin Party. Please note that the Company cannot control any fees that may be charged to a Guest by his or her bank related to the collection of the Total Fees by the Company, and the Company disclaims all liability in this regard.
In consideration for providing the Services, the Company collects service fees from Guests (“Service Fees”). Service Fees are fees charged by the Company for providing the Site, Application and Services and are based upon a percentage of the amount of the DinDin Party Fees. Initially, the Service Fees will be 20% of the DinDin Party Fees. The Service Fees are added to the DinDin Party Fees in order to determine the Total Fees. Where applicable, certain Taxes may also be charged in addition to the Total Fees. Service Fees are deducted from the DinDin Party Fees before remitting the DinDin Party Fees to the Host, within 48 hours of when the Guests arrives at the applicable DinDin Party. Guests Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Hosts via PayPal, direct deposit or other payment methods described on the Site or via the Application, in U.S. dollars unless otherwise requested. Please note that for any payments by the Company in currencies other than U.S. dollars, the Company may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host or 48-hours prior to the requested booking, the Company will refund any DinDin Party Fees collected for such requested booking within a commercially reasonable time. If, as a Guests, you wish to cancel a booking made via the Site which has been confirmed by the Host, Application and/or Services, the cancellation policy selected by the Host and contained in the applicable DinDin Party will apply to such cancellation.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) the Company will refund the Total Fees for such booking to the applicable Guests within a commercially reasonable time of the cancellation and (ii) the Guests will receive an email or other communication from the Company containing alternative DinDin Party events and other related information. If the Guests request a booking from one of the alternative DinDin Party events and the Host associated with such alternative DinDin Party confirms the Guests’ requested booking, then the Guests agree to pay the Company the Guest Fees relating to the confirmed booking for the alternative DinDin Party, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guests, have not received an email or other communication from the Company, please contact us at [email protected].
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Damage to DinDin Party Location
As a Guests, you are responsible for treating the location in which the DinDin Party is served in a respectful manner. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the DinDin Party. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the Company shall, on behalf of the Host, charge the payment to the credit card on file in your DinDin Party Account, and you and the Host expressly authorize the Company to do so. Host also authorizes the Company to charge the credit card on file in your DinDin Party Account, or otherwise collect payment from you and pursue any avenues available to the Company in this regard, in situations in which you have been determined to have damaged any DinDin Party Location, including, but not limited to, in relation to any payment requests made by Hosts, and in relation to any payments made by the Company to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the DinDin Party Location to the applicable Host or to the Company (if applicable).
Both Guests and Hosts agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company, in connection with any complaints or claims made by Members relating to a DinDin Party or any personal or other property located at a DinDin Party Location or with respect to any investigation undertaken by the Company or a representative of the Company regarding use or abuse of the Site, Application or the Services. If you are a Guests, to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by the Company or a third party selected by the Company, with respect to losses for which the Host is requesting payment.
If you are a Guest, you understand and agree that the Company or a Host reserves the right, in any of their sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a DinDin Party Location or any personal or other property located at a DinDin Party Location. You agree to cooperate with and assist the Company in good faith, and to provide the Company with such information as may be reasonably requested by the Company in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as the Company may reasonably request to assist the Company in accomplishing the foregoing.
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
• violate any local, state, provincial, federal, national or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to DinDin Party events;
• “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an DinDin Party Guests or Host;
• register for more than one DinDin Party Account or register for a DinDin Party Account on behalf of an individual other than yourself;
• contact a Host for any purpose other than asking a question related to a booking or such Host’s DinDin Party;
• contact a Guests for any purpose other than asking a question related to a booking or such Guests’s use of the Site, Application and Services;
• when acting as a Guests or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to DinDin Party, without DinDin Party’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, Application, Services or Collective Content;
• use the Site, Application and Services to find a Host or Guests and then complete a booking of a DinDin Party transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to the provision of the Services by the Company;
• as a Host, submit any DinDin Party with a false or misleading price information, or submit any DinDin Party with a price that you do not intend to honor; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, DinDin Party’s name, any DinDin Party trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of the Company;
• access, tamper with, or use non-public areas of the Site or Application, computer systems of the Company, or the technical delivery systems of service providers of the Company;
• attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of providers of the Company or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
• advocate, encourage, or assist any third party in doing any of the foregoing.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that the Company, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. The Company may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against the Company or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of the Company, its users, or members of the public. The Company reserves the right to revoke hosting and guest privileges for whatever reason in its sole discretion.
IRS regulation, regarding federal tax reporting requirements, stipulates that the Company must collect IRS Form W-9 from all Hosts hosting in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. The Company cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in DinDin Party Fees. Where applicable, or based upon request from a Host, the Company may issue a valid VAT invoice to such Host.
Some Hosts may pledge to donate a portion of the funds they receive from DinDin Party Offered via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.
Unless otherwise communicated to you as contemplated herein, Total Fees are payable in United States dollars.
DinDin Party Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, the Company grants you a limited, non-exclusive, non-transferable license, to (i) access and view any DinDin Party Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, reverse engineer, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, either by yourself or by anyone on your behalf, in any way or by any means, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Company, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of the marks and logos of the Company, whether registered or not.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with DinDin Party , whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or the use of the Member Content (or any portion thereof) by the Company on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that DinDin Party may remove at any time any Member Content you have uploaded to the DinDin Party Site or Application in its sole discretion with or without any reason.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of DinDin Party used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company and agree to irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At the request and expense of the Company, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination, Suspension and DinDin Party Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate or suspend these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your DinDin Party Account. Upon termination or suspension, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event DinDin Party terminates or suspends these Terms, or your access to our Site, Application and Services or deactivates or cancels your DinDin Party Account you will remain liable for all amounts due hereunder. You may cancel your DinDin Party Account at any time via the “Cancel Account” feature of the Services or by sending an email to [email protected]. Please note that if your DinDin Party Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
The Company respects copyright law and expects its users to do the same. It is DinDin Party’s policy to terminate in appropriate circumstances the DinDin Party Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DINDIN PARTY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO THE DINDIN PARTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY DINDIN PARTY, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT DINDIN PARTY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY DINDIN PARTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR DINDIN PARTY OR BOOKING OF ANY DINDIN PARTY VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, OR FROM YOUR DINDIN PARTY OR BOOKING OF ANY DINDIN PARTY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR DINDIN PARTY OR BOOKING OF ANY DINDIN PARTY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN ANY REFERRAL PROGRAM AND IN CONNECTION WITH ANY DINDIN PARTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUESTS IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY THE COMPANY TO YOU IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent from the Company. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Notwithstanding, the Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Host or Guests is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold the Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a DinDin Party, (iii) creation of a DinDin Party, (iv) the use, condition or rental of a DinDin Party by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a DinDin Party, or (v) injuries, damages or other claims to any persons present at a DinDin Party.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Site, Application, Services, Collective Content, and any bookings of a DinDin Party made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding bookings of a DinDin Party, the Site, Application, Services, and Collective Content.
Your use of the Services and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of Texas without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas without reference to the choice of law or conflicts of law principles thereof.
Any dispute, claim or controversy arising out of or relating to the Services or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Dallas, Texas before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Mode or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting DinDin Party
If you have any questions about these Terms, please contact the Company at [email protected].