Terms and Conditions

1. BINDING EFFECT.
   
   This is a binding agreement. By using the Internet site located at www.dishizzle.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Dishizzle, Inc. ("Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY.
   
   Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found by clicking here. Company's privacy policy is expressly incorporated into this Agreement by this reference.

3. USER ACCOUNTS.
   
   To access some features of the Site, you will be required to open an account. Such features may include submitting reviews, participating in forums, and participating in the Dishizzle Points Program discussed below. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide personal information. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

4. USER CONTENT.
   
   You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
   
   Company in its sole discretion may delete any user submitted content, including reviews, that Company determines to be a non-qualified review. Non-qualified reviews include, but are not limited to, one word or generic comments.
   
   Company may also delete the account of a user if such abuses continue. In addition, any points awarded under the Dishizzle Points Program may be deleted. Please see the Dishizzle Points Program section below for more information.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
   
   When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT.
   
   You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
   
   ADDITIONAL RESTRICTIONS.
   
   You also agree you will not use the Site or any Services to for: surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; use of information provided by Company, upload of viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or similar software; use of metatag searches of the website or the service; or creating a false identity for the purpose of misleading others.

7. COPYRIGHT INFRINGEMENT.
   
   Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:

   Joseph Dang
   10737 Camino Ruiz, Suite 200
   Tel: (858) 925-4525
   Fax: (858) 228-9746
   info@josephdanglaw.com

8. TERMINATION.
   
   Company reserves the right to terminate, at Company’s sole discretion, your use of the Service and/or the Site for any reason or without cause and without liability to you. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
   
   You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Company with a notice of termination here http://dishizzle.com/contact under the Category "General Request"

9. NO WARRANTIES.
   
   COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY.
    
    COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

11. AFFILIATED SITES.
    
    Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES.
    
    Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. OWNERSHIP, COPYRIGHT AND TRADEMARKS.
    
    All contents of Site or Service are: Copyright © 2009 Dishizzle, Inc., 10656 Westonhill Dr, San Diego, CA 92126. All rights reserved.
    
    All of the information, content, services and software displayed on, transmitted through, or used in connection with Dishizzle.com, and all other intellectual property (collectively, the "Content"), as well as its selection, arrangement and assembly, is owned by the Company.
    
    Company trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Site "Dishizzle Marks" are the trademarks of Company and may not be used without permission. Company is not granting you a license under any intellectual property right to the Dishizzle Marks. Other trademarks, logos, and trade names that may appear on the Site are the property of their respective owners.
    
    NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
    
    Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Site and the Service. You may not reproduce, modify, redistribute or create derivative works or In any other way exploit any of Company’s Content or Dishizzle Marks except as expressly authorized by Company. Company does not grant you an express or implied rights, all such rights are retained by Company unless expressly and explicitly provided herein.

14. GOVERNING LAW.
    
    These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California in all disputes arising out of or related to the use of the Site or Service.

15. SEVERABILITY; WAIVER.
    
    If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. DISHIZZLE POINTS PROGRAM
    
    As a User of DISHIZZLE.com, you have the ability to earn Dishizzle Points for reviews submitted to the Site. This section identifies the manner in which you may earn Dishizzle Points, when you will be paid, what rights you have to Dishizzle Points you have earned, and Company's rights and responsibilities with respect to the Dishizzle Points program.
    
    How do you earn points? Earning points is easy; simply create a free account with www.dishizzle.com. Each time you write a concise review (1 point) and upload a dish or restaurant photo (1 point) you will earn 2 points. Points will automatically be awarded to your account as soon as you write a review.
    
    How many points do you need to redeem a gift and how much are they worth? What makes a better gift for food lovers then restaurant gift certificates? You will need to earn a minimum of 50 Dishizzle Points to redeem a gift certificate.50 Dishizzle Points = $25.00 gift certificate
    
    How do I redeem my points? Once you have earned enough points to redeem a gift certificate, a 'Redeem Points' button will be display next to your points total on your profile page. You are solely responsible for redeeming Dishizzle Points. There is no automatic or periodic redemption.
    
    User Responsibilities
    
    User is responsible for maintaining accurate account information at all times, including a valid and current email address. Company is entitled to act upon instructions provided under your account using your username and password. Therefore you are responsible for keeping these credentials and all other information related to your account confidential and secure. Company is not liable for any redemptions made by your account by someone else who uses these credentials, and is not liable for any losses or liabilities through such usage.
    
    If you notice any discrepancies in awarding of Dishizzle Points you are responsible for notifying Company via our customer support link on the Site, within sixty (60) days of submitting any review which would entitle you to an award of a point. Should you fail to notify Company within that sixty (60) day period, you hereby waive any rights to dispute the matter.
    
    Your participation in the Program is exclusive and personal to you. You may not assign, transfer, lend, pool, barter, convey or sell any Dishizzle Points received under the unless expressly permitted by Company, in writing. Any Dishizzle Points assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.
    
    Dishizzle Points have no cash value until such time as you request and receive a redemption in accordance within this section, and you shall have no other rights or interest in the Dishizzle Points program.
    
    User is solely responsible for any tax liability related to participation in the Program.
    
    Eligibility and Restrictions

    • U.S. Residents Only
    • Must be at least 18 years old
    • Only registered members can participate in our points program
    • Any submission that violates the terms of use for points program, will result in point deduction
    • A member can only earn a maximum of 2 point per dish
    • User will be subject to the terms and conditions of Restaurant.com gift certificates.
    Determination of whether or not a review submitted to the Site or Service is a qualifying review is made at the discretion of the Company. Company retains all rights to adjust your Dishizzle Points awarded at any time in accordance with this agreement. If you disagree with any adjustments to your Dishizzle Points account, your sole remedy is to discontinue use of the Site, the Service, and the Dishizzle Points program. Please see Section 4, User Content, above for more information.
    
    Company is not responsible for tracking problems resulting from incorrect usage of the Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, User errors/omissions or from any other failure of tracking mechanisms.
    
    Termination of Program
    
    Company reserves the right to terminate the Dishizzle Points program (the "Program") in whole or in part, or to modify the Program in whole or in part, at any time, and with notice. You will then have sixty (60) days from the date notice was delivered to redeem your Dishizzle Points, as long as you have enough points to meet the minimum required for redemption as listed above. Notice shall be delivered to the email address you provided to Company during registration, or the most recent email address if you updated your account. Company is not responsible for failure to provide notice of termination of the Program where such failure is caused by inaccurate email provided by you, failure to check email by you, or failure to update your records with Company reflecting an updated email address.
    
    Company reserves the right to terminate your participation in the Program if the Company believes, in its sole discretion, that you are abusing the Program, or is in any other way misrepresenting any facts required for participation in the Program.

17. UNITED STATES USE ONLY.
    
    The Site is controlled and operated by Company from its offices in the UNITED STATES OF AMERICA. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other jurisdictions. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.

18. MODIFICATIONS.
    
    Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

19. ACKNOWLEDGEMENT.
    
    BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.