Terms of Service
Last Updated: 11/8/20
Below are our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because this document is a legally binding agreement between you “the user” and us “DYNE TECHNOLOGIES INC.” or “Dyne”. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
These Terms are effective for all existing and future Dyne users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings. Please read these Terms very carefully. By accessing or using the Dyne’s Platform, you are agreeing to these Terms and concluding a legally binding contract with DYNE TECHNOLOGIES INC. and/or its affiliates. You may not use the services if you do not accept the terms or are unable to be bound by the terms. Your use of the Dyne Platform/Application is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. We would take actions to the best of our capabilities to prevent these instances from happening, however, in any case we would not be termed responsible for any exposure or problems caused by the content displayed on our app
In order to use our Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Dyne in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Dyne will treat your use of the Services as acceptance of the Terms from that point onwards.
By using Dyne you agree to the following disclaimers:
- The Content on our services are provided for informational purposes only. Dyne disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Dyne reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Dyne does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant.
- You are required to submit a takedown request by email (by emailing [email protected]) to the webmaster if you are the copyright owner of any content on these services and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request.
- Dyne reserves the right to charge a subscription and/or membership and/or a convenience fee from a user, by giving reasonable prior notice of 1 month, in respect of any product, service or any other aspect of the Dyne Platform anytime in future. This notice is only in the case of changes made to the subscription or the addition of a new fee. This excludes certain governmental regulations that might enable us to charge an additional fee on an immediate basis.
- Dyne may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Dyne Platform terms. Further, Dyne reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Dyne determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Dyne Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Dyne reserves the right to modify, cancel and discontinue its Program without notice to the user.
- Users: A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise.
- Content: “Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Dyne Content” means content that Dyne creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Dyne or its users and is available on the Services.
- Restaurant(s): “Restaurant” means the restaurants listed on Dyne and any related mobile or software applications of Dyne.
- This Agreement
- The Agreement. Dyne enables you and other members to arrange offline, real-world social events. The terms “Dyne,” “we,” “us,” and “our” include DYNE TECHNOLOGIES INC. and our corporate parent, affiliates, or subsidiaries. We use the terms “you”, “your” and “users” to mean any person using our Platform, or any person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Dyne, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
Tip: We have included summaries and tips to provide an overview of some legal concepts and answer common questions, but the text of these summaries and tips are for your convenience only and do not have a legal effect.
Tip: These Terms of Service are an agreement between you and Dyne and not
between you and any other member.
- Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by emailing you, or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.
- Your Account and Membership
Summary: You need to be at least 18 years old to use our Platform. Dyne organizers control the content and membership of their users. However, we may remove any content you post or terminate your account at any time.
- Eligibility. Our Platform is available to anyone who is at least 18 years old. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform.
You also recognize that you are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
- Authenticity of Account Information: In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such a process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Dyne or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
- Communications: By creating an account, you agree to receive certain communications in connection with Dyne Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
- Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Dyne community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. You can email [email protected] if you believe the modification, suspension, or termination has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform. You also acknowledge and agree that if Dyne disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Dyne account for any purpose and that you will be liable for such unauthorized access. If someone is using your password or accessing your account without your permission, email us at [email protected].
- License to the Dyne Platform and Services. Subject to your compliance with this Agreement, Dyne grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.
- Fees, Payments, and Offers
Summary: We charge for certain features on our Platform. If you subscribe to our paid membership, you’re responsible for paying the fees corresponding to the selected subscription tier. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription), and may change in the future.
- Fees Charged by Dyne. Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in Canadian dollars. Subscriptions are non-transferable. Members based in the European Union may cancel with a full refund within 14 days after signing up to our Platform. However, if you use the service, you may be charged for services provided during this 14-day period. Please note that this 14-day period begins when the service starts even if you are using a free trial.
- Payments to Dyne. You are responsible for paying subscription and any other applicable fees to Dyne on time and through our approved payment methods. Users who allow their subscription to lapse are subject to removal of their premium services (along with all of the content associated with our paid services). You may only pay subscription fees to Dyne using a valid payment method acceptable to us, as specified via the Platform. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any subscription fees paid to Dyne. In addition, if you paid your organizer fees through the Dyne app for iOS, your payment is subject to the Apple Media Services Terms and Conditions, and you will need to submit your request for a refund to Apple.
You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to Dyne, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds, in accordance with our Payment Policies.
- Automatic Subscription Renewals. Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you). While you may cancel auto-renewal or cancel your subscription at any time, refunds will be issued solely pursuant to our Subscription Refund Policy.
- Free Trials. We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above.
- Content and Privacy
- Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to Dyne. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:
- The material that members typically post to the Platform, such as information about Dyne groups and Dyne events, comments, and photos;
- All feedback, suggestions, and other communications that you send or direct to Dyne.
By being responsible for your Content, you agree, among other things, that:
- You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to Dyne;
- Your Content does not include personal, private or confidential information belonging to others; and
- Your Content does not otherwise violate the rights of any individual or entity.
You also agree that you and your Content comply with this Agreement, including our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Intellectual Property Policies, Trademark Usage Guidelines, and API License Terms. You also agree that we may remove the metadata associated with your Content.
Tip: Search engines can see public areas of the Platform. Your Content within these areas, such as the name and location that you provide during registration may appear in search results. Our Platform is designed so that search engines cannot see your Content that is within restricted areas of the Platform.
- Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Dyne and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Dyne a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of the Dyne Platform.
Tip: This license doesn’t give us ownership of any of your content. It simply gives us and members the right to use it on or related to the platform. This license continues even if you close your account, because it’s necessary for us to operate the platform and have access to the data for any future problems that might arise.
- Content Removal: We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, from such a Restaurant’s listing page at its sole discretion.
Tip: Dyne has no control over how other members may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform.
- Ownership of Dyne Content and Proprietary Rights: You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Dyne; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Dyne’s Content in whole or in part except as expressly authorized by Dyne.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
- Content Guidelines and Policies
- As users of our platform, you are prohibited from posting content that:
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or attempts to do any of the foregoing.
- Content Review: You acknowledge that Dyne has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
You hereby agree and assure Dyne that the Dyne Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Dyne in any form or manner whatsoever.
- Your Use of Our Platform
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.
- Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you follow the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.
In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.
When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
- Content of Others. Dyne does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
- Interactions with Others. Dyne is not a party to any offline arrangements made through our Platform. Dyne does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Dyne makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
Tip: Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at Dyne meetups. If you have a concern regarding other members, you can report it to [email protected]
- Prohibited Uses of the Platform. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. If you are a developer working with our API, you should review our API License Terms.
- Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.
You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in Dyne events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing.
- Platform Modifications. Dyne is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Dyne provides, may require affecting certain changes in it, therefore, Dyne reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
You acknowledge and agree that Dyne is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
You further acknowledge and agree that Dyne is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
- Advertising: Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Dyne on the Services are subject to change without specific notice to you. In consideration for Dyne granting you access to and use of the Services, you agree that Dyne may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Dyne by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Dyne Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Dyne found on or through the Dyne Platform and or mobile apps, including payment and access to related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Dyne will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Dyne Platform and mobile application.
- User Reviews: User reviews or ratings for Restaurants do not reflect the opinion of Dyne. Dyne receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Dyne is the personal opinion of the user/reviewer only. Dyne is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Dyne Platform are independent of the reviews received by such advertisers.
We are a neutral platform, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user’s review violates any of the Dyne policies, the restaurant may write to us at [email protected] and bring such violation to our attention. Dyne may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Dyne event.
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“Dyne Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, or your interactions with other members. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You acknowledge that some Dyne meetups carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
You agree to indemnify, defend, and hold harmless the Dyne Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
- Warranty Disclaimer. You acknowledge and agree that the services are provided “as is” and “as available” and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Dyne, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“Dyne Parties”) disclaim all warranties, express or implied, in connection with the services including mobile applications and your use of them, To the fullest extent applicable by law, the Dyne parties make no warranties or representation that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services content and assume no responsibility for any (I) error, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access and use of the services, (III) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (IV) any interruption or cessation of transmission to or from the services, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (VI) any loss of your data or content from the services and/or, (VII) any errors or omissions in any content ot for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The Dyne Parties will not be a party to or in any way be responsible for monitoring any transactions between you and third party providers of products or services. You are solely responsible for all your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from Dyne or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Dyne, you agree that in using the services, you will not use any trademark, service mark, trade name, logo or any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Dyne Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Dyne Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Dyne meetups, attendance at Dyne meetups, participation in or exclusion from Dyne events and the actions of you or others at Dyne events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
Notwithstanding anything otherwise set out herein, Dyne shall in no manner be liable in any way for any in-person interactions with the Restaurant or for the User’s experience at the Restaurant and that the Restaurant shall, at all times remain, solely liable including but not limited to, for (a) the goods and/or services, rendered to a User at the Restaurant; (c) any in-person interactions with the User by the Restaurant and or its representatives; (d) payment of all applicable taxes and statutory dues with respect to the goods and services offered and charged by the Restaurant and compliance with all applicable laws; (e) the User’s experience at the Restaurant. Any complaint, with respect to the Order which shall include instances but not be limited to foreign objects in food, wrong order, You will be required to take it up directly with the Restaurant and Dyne shall not be liable for any such instances.
- Dispute Resolution
Summary: If you have a dispute with Dyne, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action.
- Informal Resolution. Before making any claim, you and Dyne agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Dyne events. You or Dyne may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Dyne may bring a claim in accordance with this Section 9.
- Arbitration Agreement. The arbitration procedures apply to all members,
- Mandatory Arbitration. You agree to submit any claim to us for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Dyne are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Dyne.
- Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
- Exceptions. You or Dyne may assert claims, if they qualify, in small claims court in Vancouver. You or Dyne may seek injunctive relief from a court of competent jurisdiction in Vancouver as necessary to protect the intellectual property rights of you or Dyne pending the completion of arbitration. Dyne may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Dyne’s right to modify, suspend or terminate your account or access to our Platform under Section 2.2.
- Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at [email protected] within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Dyne account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).
- Class Action Waiver. You agree to resolve disputes with Dyne on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
- Intellectual Property
Summary: If you use Dyne’s trademark, be sure to follow our Trademark Usage Guidelines. Also, don’t infringe on anyone’s intellectual property. If you believe your intellectual property is being infringed somewhere on the Dyne Platform, please follow the procedures in our Intellectual Property Dispute Policies.
- Intellectual Property of Dyne. Dyne trademarks, logos, service marks, and service names are the intellectual property of Dyne. Our Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines, you agree not to use our intellectual property without our prior written consent.
- Intellectual Property of Others. Dyne respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
- General Terms
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
- Carrier Rates May Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
- Translation. This Agreement was written in English. It was then translated into other languages. If there is any inconsistency between the English version and a translated version, the English language version controls.
- Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to Dyne, Inc., 5960 Student Union Boulevard, V6T 1Z1, Vancouver, British Columbia, or by email to [email protected], Any notice to you shall be given to the most current email address in your account.
- No Agency. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Dyne and you shall have no authority to bind Dyne in any form or manner, whatsoever. A member of the Dyne Platform is not Dyne’s representative or agent, and may not enter into an agreement on Dyne’s behalf.
- Governing Law. This Agreement and the relationship between you and Dyne shall be governed by the laws of the State of British Columbia without regard to its conflict of laws provisions, except as provided in Section 9.
- Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9.4, you and Dyne agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Vancouver, British Columbia, and you and Dyne agree to venue and personal jurisdiction in those courts.
- Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
- Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Dyne’s prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Dyne’s assets, or similar transaction.
- No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
- Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Dyne nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
- Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section 11.13 will survive such termination.
- Survival. Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
- Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in “Terms of Service Overview” section and in the “Tips” and “Summary” sections is also for convenience only and has no legal or contractual effect.
- Violations. Please report any violations of this Agreement by a member or third party by sending an email to [email protected]
- Thank you. Please accept our wholehearted thanks for reading our Terms of Service.
© Dyne 2021
Terms of Service