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RESTAURANT TERMS OF SERVICE STANDARD TERMS AND CONDITIONS FOR DAILY DISHES ADVERTISING The following Terms and Conditions control the relationship between the contracting parties: DAILY DISHES (the Provider) and Restaurant (the Advertiser). If you do not agree to these Terms and Conditions, do not subscribe to this service. Use of this service represents that Advertiser has read and agrees to these Terms and Conditions of Use. 1. Agreement. When you register your restaurant, you are making an offer to subscribe to advertise with our service which, if accepted by us, will result in a binding Agreement. DAILY DISHES reserves the right to process or block your subscription for any reason. DAILY DISHES will provide a 2-month trial of our service at no cost. Thereafter, at the beginning of each month, your credit/debit card will be debited the standard monthly fee per month for the duration of the subscription. ISFs (insufficient funds) will result in immediate termination of Advertiser's subscription and removal from our listings. This fee is subject to change at any time. DAILY DISHES reserves the right to suspend performance of its obligations here under (or under any other agreement with Advertiser) in the event Advertiser fails to make payment hereunder or under any other agreement with DAILY DISHES, to include but not limited to Featured Deals postings. Advertiser agrees to maintain current and to provide DAILY DISHES with current records of: Name of Establishment, Address, Telephone and Facsimile numbers, Name of Manager or Advertising Executive and Email address. DAILY DISHES will not issue any credit or make good due to late or incorrectly submitted materials and/or late, incorrect or incomplete postings and/or information. DAILY DISHES will also not issue any credit or make good in the event the server is down and/or the site is unavailable for any reason. DAILY DISHES holds Advertiser responsible to ensure postings do not include any object that is believed to be a trademark, trade name, company name, product name or brand name belonging to or claimed by a third party. DAILY DISHES also holds Advertiser responsible for language, validity of deals, accuracy of information posted, etcetera, and retains the right to block Advertiser's postings and/or Restaurant's access to our services. All orders are subject to validation checks and authorization by our payment card processor. 2. Positioning. Positioning of advertisements within the DAILY DISHES properties is at the sole discretion of DAILY DISHES. Featured Deals will be presented on the DAILY DISHES homepage and at the beginning of any applicable searched conditions. An additional monthly fee is applicable to these postings. 3. Usage Statistics. DAILY DISHES makes no guarantee with respect to usage statistics or levels of impressions for any posting. Advertiser acknowledges that statistics provided by DAILY DISHES are the official, definitive measurements of DAILY DISHES performance. Your sole remedy for dissatisfaction with the Site, Site related services, and/or hyperlinked Web sites is to stop using the site and/or those services 4. Limitations of Liability. In the event (i) that the server is down and/or the site is unavailable for any reason or (ii) of any other failure, technical or otherwise, of the posting to appear, the sole liability of DAILY DISHES to Advertiser shall be limited to, at DAILY DISHES sole discretion, a pro rata refund of the advertising fee representing the period of time of non-publication. In no event shall DAILY DISHES be responsible for any consequential, special, punitive or other damages, including without limitation, lost revenue or profits, in any way arising out of or related to the Terms of posting, even if DAILY DISHES has been advised of the possibility of such damages. Without limiting the foregoing, DAILY DISHES shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor shortage, work slowdown, act of terrorism, or any other condition beyond the control of DAILY DISHES affecting provision of the service. 5. Advertisers Representations; Indemnification. Advertiser's postings are accepted upon the representation that Advertiser provides the specials advertised and has the right to publish the contents of the posting without infringing the rights of any third party and without violating any law. In consideration of such representation, Advertiser agrees, at its own expense, to indemnify, defend and hold harmless DAILY DISHES, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorney's fees and costs) incurred by DAILY DISHES in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of the posting of the Advertiser's special(s) (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices). 6. Provision of Advertising Materials. Advertiser may post directly at DAILYDISHES.COM or call-in or fax information to DAILY DISHES for posting. DAILY DISHES shall not be required to publish any posting; the opportunity to post specials is at the sole discretion of DAILY DISHES. Advertiser hereby grants to DAILY DISHES a non-exclusive, worldwide, fully paid license to sue, reproduce and display the postings (and the contents, trademarks and brand features contained therein) in accordance herewith. 7. Right to Reject Advertisement. All contents of postings are subject to DAILY DISHES approval. DAILY DISHES reserves the right to reject or cancel any posting, or any Advertisers access to use of the service for any reason whatsoever (including belief by DAILY DISHES that posting may subject DAILY DISHES to criminal or civil liability). 8. Press Release. DAILY DISHES may, at its sole discretion, issue any mutually approved press release. Advertiser shall make no public announcement without DAILY DISHES' written approval, which may be withheld at DAILY DISHES sole discretion. 9. Construction. No conditions other than those set forth in these Terms and Conditions shall be binding on DAILY DISHES unless expressly agreed to in writing by DAILY DISHES. In the event of any inconsistency between the Restaurant Terms and the Standard Terms, the Restaurant Terms shall control. 10. Miscellaneous. These Terms and Conditions (i) shall be governed by and construed in accordance with, the laws of the State of Maryland, without giving effect to principles of conflicts of law; (ii) may be changed at any time without prior notice and (iii) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. Both parties consent to the jurisdiction of the courts of the State of Maryland with respect to any legal proceeding arising in connection with these Terms and Conditions.
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