Terms of Use | Print |
  1. Use of Site. Welcome to TheDinnerSpin.com (the “Site”). We intend to provide the Site as a service and forum to you, our customer. These Terms of Use constitute the rules governing your use of the Site (the “Agreement”), and by using the Site, you agree to be bound by the same. The Site is intended solely for personal, noncommercial use only. Use of the Site for any other purpose is strictly prohibited, and you will be solely responsible for any unauthorized use of the Site.
  2. Prohibited Uses. You may not use the site to engage in, facilitate or further unlawful conduct, or conduct that in any way harms us or our advertisers. The Site is to be used by the registered user only, and you may not share the Contents with any other person. Passwords and accounts are nontransferable.
  3. Content. Unless otherwise noted, all content, including, but not limited to, images, recipes, illustrations, designs, compilations, logos, photos and other written and other materials, on the site or transmitted by us to you (the “Content”), constitute intellectual property owned by us. The Content and the Site itself are protected by copyright, which is owned by The Dinner Spin. You may download, print and/or use the Content for its intended purpose only. No right, title or interest in any Content is transferred to you as a result of your downloading, printing or using the same. Other than as expressly permitted above, you may not reproduce, publish, transmit, distribute, modify, create derivative works from, or sell any portion of the Contents or the Site. We will strive to ensure the quality of the Content; however, it may from time to time contain typographic or other errors. We are entitled to correct those errors without notice to you.
  4. User Forums. All comments, feedback, ideas, recipes or other submissions to the Site (“Submissions”) shall become the property of The Dinner Spin, and your transmission of the same to us shall constitute an assignment of the Submissions to us on a permanent, royalty-free basis. No Submissions shall violate the rights of any third party, including copyrights and trademark protections. No Submissions shall contain unlawful, libelous, abusive or obscene materials. We do not control or endorse content that you and others post.
  5. Payment. You may contract for our services for a 3, 6 or 12 month term. We will automatically renew your service for the same term as your initial agreement, and you hereby authorize us to charge you for the renewal term(s), unless you notify us in writing at least 10 days prior to the commencement of such term. You will be billed for services in advance of our providing our services to you. You must keep your billing account information current, including your billing address and credit card information. Unless otherwise provided by law, all charges are non-refundable.
  6. Pricing. The price for services includes all charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we must collect from you. We may change the price of service from time to time, but we will notify you of the change prior to doing so. Prices will remain in force for the term of your contract. After that contract term expires, your use of the service will be charged at the new price.
  7. Billing Errors. If we make an error on your bill, we will correct it upon our receipt of written notification and after we have had a reasonable opportunity to investigate the charge. You must notify us within 90 days after an error appears on your bill. We will not be responsible for any error that you do not report to us within this 90 day period.
  8. Warranties. This Site and the Content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the site will be uninterrupted or free from errors, or that the information you access is free of viruses or other harmful programs. We are not liable for any special, incidental, indirect or consequential damages whatsoever arising out of the use of or inability to use the site. We make no warranties regarding the ultimate outcome of any recipe, as individual tastes and preparatory abilities vary.
  9. Limitation of Liability. Notwithstanding any other provision, the total liability, in the aggregate, of The Dinner Spin and its owners, managers, employees and agents for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services provided by us shall not exceed the amounts we actually received from you.
  10. Links. For the information and convenience of our users, we may provide links to other websites that are not under our control. We have no responsibility for the content of those sites, and our reference or links to any third parties does not imply any endorsement or recommendation by us of the products or services offered by those third parties. We make no representations about the information contained on other websites.
  11. Indemnification. You agree to indemnify and hold us harmless from and against any and all claims, damages, costs and expenses incurred by us, including attorney’s fees, arising from or related to your use or misuse of the Site.
  12. Termination. This Agreement applies until it is terminated by you or us. You may terminate this Agreement at any time by providing us written notice of termination. We may also terminate this Agreement with or without prior notice and may deny you access to the Site, if in our sole discretion, you fail to comply with any terms or provisions of this Agreement.
  13. Governing law. This Agreement is governed by, and construed and enforced in accordance with, the laws of Wisconsin, exclusive of Wisconsin’s conflict of laws provisions. Any and all claims, questions or disputes regarding the interpretation or enforceability of this Agreement, the rights and remedies of the parties hereunder and any counterclaims shall be initiated and prosecuted exclusively in Outagamie County Circuit Court, Appleton, Wisconsin. The parties agree to submit to the jurisdiction of such courts.
  14. International Law. You agree to comply with local laws regarding online conduct and use of the Site, specifically with applicable laws regarding transmission of technical data exported from the United States or the country in which you reside. This Site is directed to individuals residing in the United States and we make no representation that the content is appropriate or available for use in other locations.
  15. No Third Party Beneficiaries. This Site is solely for your benefit and ours. It is not for the benefit of any other person, except for permitted successors and assigns. You may not assign this contract to any other person, and you may not transfer to anyone else the right to use the service or any part of the service.