DinnerBeat Terms and Conditions

Terms of Service

-- By DinnerBeat Support

You, the user, may use this website created by DinnerBeat, if you accept the all terms and conditions described below ("Terms of Use").  The words "you" and "user" encompass all individuals and entities that access the Website.  

Privacy Policy 
DinnerBeat respects your privacy.  Please read our privacy policy(“Privacy Policy”) prior to using the Website.

Modifications to the Terms of Use 
We may modify the Terms of Use if necessary in our sole discretion.  You will be advised of the changes.  If you choose to continue using the Web Site after the changes have been made, you indicate that you accept any such changes.  You may not use this website if you do not agree with this Terms of Use, or any revised future versions. 

User-Generated Content
By posting photographs or text to the website, you hereby grant to DinnerBeat a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify and otherwise use said content.  This includes but is not limited to content posted in Messages, User Details/Profile, and Recipe Submissions.  You certify that you have the right to grant the foregoing liscense and that your posted content: (1) will not violate any law, statute, ordinance or regulation; (2) will not be obscene or contain adult or child pornography; and (3) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.  If you so choose to distribute or display your content to third parties, you certify that the content will not: (a) be intentionally misleading or fraudulent; (b) violate any third party’s rights of publicity or privacy; or (c) be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate.  Any user’s account that does not comply with these regulations may be deleted without warning.

Registration and Password
You bear the sole responsibility for your login information and password and all activity under such login, whether or not you are the active party.  You consent to notify us immediately of any unauthorized use of your login information or password.

Ownership of the Website
DinnerBeat owns the Website, including all copyrights, trademarks, and any other intellectual property rights within the Website.  The Website and all underlying technology used in connection with the Website contain DinnerBeat’s intellectual property and proprietary information.

Email Rules
You agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal through our email services.  If you violate this rule, your membership may be terminated without notice.  DinnerBeat is not responsible for any content emailed by our users or from a third party who has hijacked the system.

Copyrighted Materials
When posting recipes, you must post in accordance with US copyright law regarding recipes, as is explained here.  Users are responsible for any liability because of their posts.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide DinnerBeat's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
1) A physical or electronic signature of the owner (or a person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
2) Specific identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list of each works claimed to have been infringed;
3) Identification of the material that is claimed to be infringed, and information reasonably sufficient to permit DinnerBeat to locate the material;
4) Information reasonably sufficient to permit DinnerBeat to contact you;
5) 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;
6) A statement requesting a specific action to be taken by DinnerBeat; and
7) 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.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
Copyright Agent
Email: copyrightagent@DinnerBeat.com
This contact information is only for reporting copyright infringement.

User Indemnification Of DinnerBeat 
You agree to indemnify and hold DinnerBeat and its partners, service providers, officers, directors, employees and agents harmless from any and all losses, liabilities, damages and costs arising from any claims related to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website; (b) your violation of the Terms of Use; and (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website.

User Conduct 
If we determine that any user is not using the Website responsibly we may terminate your account or a portion thereof, or delete information you have posted to the Website, without prior notice.  

Changes to Website
DinnerBeat may, without notice, change or discontinue, temporarily or permanently, any feature or component of the Website at any time.  You agree that DinnerBeat is not liable to you or to any other party for this action.

Third Party Websites
The Website may show links or references to websites that are operated by third parties.  DinnerBeat does not track these websites and is not responsible for anything related to the third party website.  We do not claim to approve or endorse any website linked by us. You may click on the links at your own risk.  You agree that DinnerBeat has no liability because of your use of a third party website.

Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY DINNERBEAT "AS IS."  DINNERBEAT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE.  DINNERBEAT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED.  FURTHERMORE, DINNERBEAT DOES NOT ASSURE THAT THE WEBSITE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability 
DINNERBEAT WILL IN NO WAY BE LIABLE FOR ANY DAMAGES DUE TO THE USE OR INABILITY TO USE THE WEBSITE FOR ANY REASON. 

Contact us at support@DinnerBeat.com.

Last updated May 2 2009