The Daily Dish Inc is allows you to make a bid to purchase vouchers (“Voucher”, “Promotional Special”, “Offer”) from featured merchants (“Merchants”) on the Site offering discounted specials on food, dishes, and services (the “Promotional Offer”). The Merchant’s Promotional Offer may contain conditions or limitations required for the transaction to be effective including, requirements for a minimum number of purchasers in order for everyone to receive the Promotional Offer, as well as restrictions stated in the Promotional Offer (“the “Conditions”). By submitting a bid, you are committing to purchase the Voucher on the terms specified and that such commitment is not retractable or cancelable by you unless the Conditions are not met; in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. You credit card will be automatically charged for the stated price on the Promotional Offer once the Conditions have been satisfied without further notice or required consent from you. If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void. You will have your choice of printing the vouchers sent by us electronically, to be given to the Merchant for redemption, or apply for a The Daily Dish member card (“Membership Card”) at no cost to be sent to you via postal service, which you would also be giving to the Merchant for redemption. Vouchers will be sent to you electronically with a specific redemption code which must be printed and returned to the Merchant for redemption. Once a redemption code is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid. Membership Card will be sent to you through postal service with a specific membership number. Membership Cards must be presented to the Merchant and given back from the Merchant in lieu of printing out the Voucher.
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) a promotional portion for the balance of the value of the Deal (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.
deal specific terms
Each Deal has specific terms associated with the Deal, which is presented to you at the time you commit to purchase the particular Deal.
The expiration date for a Voucher is as printed on the Voucher.
If the expiration of the full value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which you reside, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then The Daily Dish Inc will refund the paid portion of your Voucher in the form of a credit for future Deals (what we call “dish dollars”). In order to receive the credit, you must provide the following information in writing to email@example.com) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
Unless otherwise stated in the Voucher or required by law, the following terms apply to all Vouchers:
• no cash value for any Voucher,
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
• use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither The Daily Dish Inc nor the Merchant is responsible for lost or stolen Vouchers or Membership Cards,
• duplicate use, sale or trade of a Voucher is prohibited,
• unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
merchant and client responsibility
The Daily Dish Inc markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
Conditional Use of Our Site and Services
Your permission to use The Daily Dish Inc is conditioned upon your agreement that you:
• will not copy or distribute any part of The Daily Dish Inc in any medium without The Daily Dish Inc's prior written authorization;
• will comply with these Terms of Service;
• will provide accurate information when creating an account or registering for our Services;
• are 18 years of age or older to purchase any Deal;
• are solely responsible for your User ID and the activity that occurs while signed in to or while using The Daily Dish Inc using your User ID;
• will not use the communication systems provided by or contacts made on The Daily Dish Inc for any commercial solicitation purposes;
• hereby grant each The Daily Dish Inc user, whether using The Daily Dish Inc or an application authorized by The Daily Dish Inc but developed via a third-party developer, a non-exclusive license to access the Content you submit through The Daily Dish Inc and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through The Daily Dish Inc's functionality and under these Terms of Service;
• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to The Daily Dish Inc; and
• hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Ownership. You acknowledge that all Promotional Offers and Content are owned exclusively by the Company. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
License. Company hereby grants you the right to view and use The Daily DIsh Services in accordance with these Terms and Conditions. You may download and/or print a copy of the Content, specifically confirmation of the purchased Voucher for only for your redemption (the "Permitted Uses"). Unless otherwise stated on the Promotional Offer, Vouchers shall not be transferred or resold or will be deemed void. You agree to use the The Daily DishService lawfully and only for the Permitted Uses. No other use of the The Daily Dish Inc is permitted. You shall not reuse or electronically reproduce or make derivative works from any Voucher in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without Company's prior written consent in each instance.
your account and The Daily Dish Inc profile
You will need to register by creating an account with The Daily Dish Inc in order to publish Content on the Site or obtain access to Services. Creating an account with us denotes your consent to providing only accurate, complete registration information, and that you are responsible for keeping that information up-to-date if it changes. Upon registration, you will obtain unique log-in credentials (a “User ID”). Access to the The Daily Dish Inc Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use.
The Daily Dish Inc relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID.
non-confidentiality, security and privacy
You understand that the information you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by The Daily Dish Inc, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the The Daily Dish Inc Merchant for their commercial purposes including to provision the Deal.
Any communications between you and The Daily Dish Inc, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Usage Rules. We reserve the right to deny you access to any and all parts of this Site and have the power to terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by The Daily Dish Inc), and you agree not to post or use any Content in the following ways:
• is false or inaccurate, or
• violates the privacy, publicity, or other rights of third parties,
• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by The Daily Dish Inc in its sole discretion,
No Monitoring. This Site and the Content on it (whether generated by Merchants or by users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in the communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE DAILY DISH INC. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to The Daily Dish Inc; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The Daily Dish Inc.
WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE MARKETING FEES COLLECTED BY COMPANY FROM THE MERCHANT FOR THAT SPECIFIC VOUCHER PURCHASED BY USER. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF VOUCHER CODES, BREACH OF WARRANTY BY MERCHANTS, DISSATSIFACTION OF A MERCHANT'S PRODUCTS AND/OR SERVICES, FAILURE TO MEET THE RESTRICTIONS SET FORTH IN THE PROOTIONAL OFFER, DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AND/OR SOCIALBUY SERVICES AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, THE SOCIALBUY SERVICES OR SUBMIT A BID FOR A PROMOTIONAL OFFER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
Third Party Rights. The provisions (Indemnity) and (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
Reservation of Rights and Release
The Daily Dish Inc reserves the right, but has no obligation, to monitor, or take any action The Daily Dish Inc deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
YOU AND THE DAILY DISH INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DAILY DISH INC MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between The Daily Dish Inc and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
BY REGISTERING ON THIS SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS