These terms of use
(hereinafter “Terms”), subject to Swiss law, govern the use www.Dinerscope.com
site (hereinafter “Site”) published by the company Dinerscope (hereinafter
“Linked Sites”).
Registration to the site in
the manner referred to below constitutes your express acceptance of Terms and
unreserved. The Host reserves the right to modify at any time without notice
these TOS and any TOS changes will be specifically mentioned in the Site.
- Join and Access
1.1 Inscription
The Site is an innovative
and original content to geographic Users, subject to their prior registration,
create, comment and share descriptions and assessments of restaurants.
For benefit features of the
Site, the Member must create an account using the online form provided for this
purpose. Member is free at any time to modify the content of the personal data
provided on this occasion. Upon validating the form, you will receive an email
asking you to click on a link in order to confirm your registration. Access to
your account can be made by entering your username and password for which you
make only confidentiality. Use of the Site after your registration is valid for
an indefinite period.
We reserve the right to
terminate at any time by e-mail, upon reasonable notice. In case of
non-compliance with the obligations inherent in it before your responsibility,
access to your personal space can be immediately and without notice,
temporarily or permanently suspended by the deactivation of your account and
without prejudice to our other rights.
1.2 Users
Users of the Site are
firstly Members and secondly the Restoration.
1.2.1 Members
A Member is any person
using the Site for private purposes.
By registering on the Site,
the Member expressly accepts the Terms of Use, which involve the provision of
other users (including Restaurant) information concerning, or a contact by
e-mail directly with the Member.
1.2.2 Restoration
The Restaurant, understood
as any person using the Website in a professional capacity, directly or
indirectly, have the possibility, in accordance with the Terms, to promote
their business via the Site and, subject to registration Dinerscope.com, get in
touch with their customers and those interested in their school.
1.3 Capacity to accept the
Terms
Minors under the age of 16,
whether or not capable of discernment, are not allowed to register on the Site.
If you are under 16 years old, thank you not to use or access the Site in any
way.
If you are a parent or
legal guardian of a child under 16 who is registered on the site, thank you to
send us an email with the information necessary for the cancellation of the
registration of the child. In this email, thank you to include your full name
and address, full name and address of the child, the nature of your
relationship with the child, your telephone during the day and evening, email
address and a signed indicating that you are a parent or guardian. Dinerscope
reserves the right to seek additional information to verify your identity and
the nature of your relationship with the child. This information will only be
used in order to verify that you are a parent or guardian of the child.
1.4 Availability of the
website
Site is in principle
available 24/24h, 7/7d, except interruption, planned or unplanned, for purposes
of maintenance or in case of force majeure.
- Content license
Users retain the homeroom
rights (copyright and all other rights) they hold on the content submitted,
posted or published on the Site. By submitting, posting or displaying the
content, users agree to grant the right to use Dinerscope.com perpetual,
irrevocable, transferable, valid worldwide, royalty-free and non-exclusive
license to reproduce, adapt, modify, translate , publish, perform, display and
distribute any Content submitted, posted or published on the Site.
Members agree that this
license includes the right to Dinerscope.com said content available to
companies, organizations or individuals with whom Dinerscope.com has
relationships for the provision of syndicated services, and to use it in
conjunction with the provision of those services.
Dinerscope may provide to
other Users including the ability to view your content on the Site or through
the Site on other electronic communication media (including mobile phones,
tablets, and other media), and download your content on other media.
Dinerscope be able to offer
you the ability to Restaurateurs contact since their establishment has been
added to your list of restaurants ‘favorites’ or restaurants ‘test’, but if you
do a review of this business or you indicate that you went there.
The data will be made available
and accessible to users on the Site will be retained even if the closure or
cancellation of the user account for a period of three months from the closing
or termination of the user account .
Users agree to grant a
license to Dinerscope allowing it to perform these actions.
- Limited Warranty and Disclaimers of
Linked Sites
3.1 Responsibility of the
Host on access to the Site
Use of the Website is made
under the sole responsibility of the users. Consequently, the Host can in no
way be held responsible for any damages, direct or indirect, of any kind
whatsoever, including loss of profits, customers, and data, tangible or
intangible, arising from the use or inability to use the Site.
In particular, the Host is
not in any way responsible for the operation of the software or transmission of
any data or information on the Internet or in case of total or partial hacking
the site and damage that such piracy could cause the user or to third parties.
The Host cannot be held
responsible for any technical impossibility of connection, whatever the cause
(force majeure, maintenance, updating, interruption or network failure, power
failure, failure, misconfiguration or misuse of the user’s computer, receiving
equipment or telephone lines, or any other cause or not depending on the will
of the Host).
The Host does not guarantee
that the website and servers are free of viruses. Therefore, the Host cannot be
held liable for contamination by viruses’ hardware of the user. It is up to the
user to take all necessary measures to protect its own data, software,
computers and other equipment from contamination by viruses circulating on the
Internet. In addition, the Host does not guarantee in any way time transfer of
data from the server hosting the site to the Internet and the user’s computer.
You are also advised that,
given the intrinsic characteristics of the Internet, the transmitted data,
including your content, not protected against the risks of misappropriation and
/ or piracy, for which Dinerscope cannot be held responsible. It is your
responsibility, if any, to take all appropriate measures to protect such data.
3.2 Responsibility for the
content of Hosting Site
The Host does not review,
does not monitor nor exercise any control over the data placed or posted on the
Site by Members or Restaurant. The latter, insofar as they are acting
illegally, meet only the content of the information made available on the Site.
The only obligations are
borne by the Host:
- the duty to inform users of their rights
and obligations in connection with the use of the Site;
- prevent access to illegal content when the
Host will have had actual knowledge as described in figure 5;
- Retention of your personal data processed
in compliance with legal requirements.
- Responsibility of Users
Users, in their capacity as
suppliers of content on the Site, satisfy only the content of the information
made available on the Site, Linked Sites are not operating due diligence of
these
Whether photographs, videos
or comments they bring, Users are required to comply with legal and regulatory
provisions in force. It therefore belongs to them to ensure that the storage
and distribution of this content via the Site will not infringe such are:
- copyright in accordance with the Federal
Law on copyright and neighboring rights (LDA) and sections 380 to 393 of
the Swiss Code of Obligations (CO) on the publishing contract;
- trademark law, in accordance with the
Federal Law on the Protection of Trademarks and Indications of Source
(LPM);
- the right designs, in accordance with the
Federal Law on the Protection of Designs (LDes);
- patent law, in accordance with the Federal
Law on Patents for Inventions (LBI);
- to competition law, in accordance with the
Federal Law against Unfair Competition (LCD);
- all other intellectual property or
proprietary rights of any third party;
- an infringement of people (including
defamation, insults, offensive or obscene material etc. …) and respect for
privacy;
- A breach of public order and morality
(including apology of crimes against humanity, incite racial hatred, child
pornography etc. …);
- Use to create, host or transmit to other
user’s unsolicited advertising material.
Otherwise, the content will
be removed and / or disabled account as described in figure 5.
In addition, users expose
themselves personally, to penalties specific content in question, in addition
to being ordered to pay damages.
To all intents and
purposes, content is automatically associated with each link that allows other
users to report abuse.
- Reporting procedure
Abuses, violations or
violations can be reported by anyone hosting service via e-mail contact or by
mail to the address set out in the Legal Notice.
The Host shall endeavor,
within 3 working days upon receipt of the notice of termination, delete, remove
or temporarily prevent access to content denounced or to take any action
reasonably required to the extent that the opinion of termination meets the
following conditions:
- illegal content is clearly identified;
- The notice states the reason for the
material in question is unlawful (with rights and / or standard (s)
criminal (s) raped (s)).
The Host shall provide the
User responsible for the content issue a copy of the notice of termination
satisfying the requirements described above.
The User is responsible for
its litigious hand free to see judicially denounced the legality of the
content. User agrees however that the disputed use is not available as long as
a court decision authorizing its distribution has not been made so final and
binding.
Failing to open a lawsuit
within 10 days, the hosting service is right to permanently delete the disputed
content from the Site and possibly disabling the account.
The Host is free of its
decision regarding complaints it receives. It is also free to disclose or not
to denunciations users concerned.
- Intellectual Property
The Host is the owner and /
or authorized user of all trademarks, patents, copyrights, rights to the
database and other intellectual property appearing on the Site or contained in
the Site, except otherwise.
Unless otherwise provided
in these Terms, the use of the Website grants you no right, title, interest or
license to any intellectual property that you can access using the Site.
Unless otherwise provided
in these Terms, any use or reproduction of intellectual property is prohibited.
Generally, the hosting service gives you a free, personal, non-exclusive and
non-transferable right to access and use the Site.
- Personal Data
7.1 Data collected
The data collected and can
be treated by Dinerscope are those that the user provides to the Site. They
include the identifier and a valid email address. Data automatically collected
by the Site are the IP address (computer) to the user, to the exclusion of all
others. You are informed by Dinerscope may implement an automatic tracking
process (cookie), which can be an obstacle if you are not a registered user,
modifying the relevant parameters of your web browser.
7.2 Processing of data
Data identified as
mandatory during registration are necessary for benefit of the Site features.
Data automatically collected by the Website allows Dinerscope perform
statistics on consultation of its web pages and perform a partial geographical
location of users. The users’ personal data can be indexed by search engines.
7.3 Security of data
Dinerscope attaches
particular importance to the security of your data and implement all
appropriate measures in order to limit the risks of loss, damage or misuse
them.
7.4 Transfer of data
If the ownership of all or
part of the Site were to change, the data can be transferred to the new owner
so that he can continue the operation of the Site. In case of data transfer,
the provisions of this Chapter shall remain in force.
7.5 Rectification of data
You have a right of access
and rectification of your data by sending us a request to that effect via email
or contact by mail at the address set out in the Legal Notice.
7.6 Suppression of data
To unsubscribe completely
Dinerscope.com and delete your data on the site, simply send a request to contact@dinerscope.com.
- Products News
The products sold are
described on the website www.Dinerscope.com at the sale.
The products are available
on site for the duration of the sale and according to available stocks.
8.1 Price
Prices are net, in the
currency of the country, including VAT, and are applied throughout the duration
of the sale.
8.2 Conclusion of the sale,
payment confidential
By clicking “Buy” you are
giving your consent to the order of items in your shopping basket. The sales
contract shall enter into force upon receipt of the order confirmation email.
The price of purchases made
on the site www.Dinerscope.com is due at the time of order, without discount,
payment is made by credit card Visa, MasterCard or Postcard.
A confirmation is sent by
email once the payment is accepted.
Dinerscope.com does not
have access to confidential information relating to the payment. The
information entered is encrypted in a secure manner without Dinerscope.com or
third parties cannot access them.
8.3 Cancellation
The right to cancel the
purchase online Dinerscope.com is five days before the event. Beyond this date
no refund will be made except severe cases (illness, accident, with proof).
In case of cancellation by
the organizer of the full amount is refunded to the card.
- Price
Prices are net, in the
currency of the country, including VAT, and are applied throughout the duration
of the sale.
- Evidence, Storage and Archiving
The computer registers
stored on our systems in accordance with the rules of the art security will be
considered proof of communications emails, sending registration forms,
postings, and downloads of content (text, photographs and videos). The filing
of registration forms is carried out on a nature to ensure reliable and durable
character required by the legal provisions in force. It is agreed that in case
of discrepancy between our computer registers and documents in paper or
electronic format you have, our computer registers shall be authoritative.
- Benefits
You agree to identify and
guarantee covered Dinerscope, its organs and employees, subsidiaries and
affiliates against any loss, liability, claim or claims, including attorneys’
fees, by any third party caused by or arising out of your use the Site in
violation of the provisions of these Terms and / or statutory provisions.
- Applicable law and jurisdiction
Given the international
dimension of the Internet, Dinerscope remind you that the responsibility of
each user to comply with all mandatory rules and public policy applicable in
the country where he resides. The Terms are governed by Swiss law. Any
disagreement or dispute is not resolved through amicable falls under the
exclusive jurisdiction of the Courts of Geneva.
- Miscellaneous
If any part of the Terms
shall be unlawful, void or unenforceable for any reason whatsoever, the term or
terms are deemed not to exist and the other terms retain their full force and
scope and continue to be applicable. Deemed non-existent terms are replaced by
(an) terms that most closer in content to the clause void.
Imprint
Dinerscope.com
Headquarters:
CP 2356
1260 Nyon
Switzerland.
For any complaints
concerning this site and / or its contents: contact@dinerscope.com
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