ACTIVITY ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS; WAIVER AND RELEASE
This document is a contract with significant legal consequences. I have been advised that it will affect my legal rights and will significantly constrain my ability to bring legal action against any of the Released Parties. I have read this document carefully before registering.
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As a condition to my participating in the Diner en Blanc event (the “Event”) hosted by Le Diner en Blanc de Paris organization (the “Host”) I, hereby willingly and voluntarily agree to and make the following representations and agreements:
- I understand and agree that situations may arise during the course of the Event that are beyond the immediate control of any of the Released Parties (as defined below), including any such persons who may be present at the Event, and that I must not act or omit to act in any way at the Event in a manner so as to either endanger others or myself.
- I agree to comply with all instructions and all rules and policies established from time to time with respect to the Event, as the same are notified to me from time to time by the Host or its representatives or any other one of the Released Parties.
- I acknowledge that the Event may contain certain inherent risks, regardless of the care and precautions taken by the Host. I fully realize the dangers of participating in the Event and willingly and voluntarily assume full responsibility for my activity while participating in the Event and for all inherent risks associated with the Event, including, by way of example and not limitation: damage to or theft of property I own or the property of third parties; contact or collision with other persons or objects; broken, defective, inadequate or inadequately maintained equipment which belongs to me or a third party other than the Released Parties; unexpected failure of such equipment; the risk(s) of personal injury, accident and/or illness.
Assumption of Risks;
Waiver and Release. In consideration of being permitted to participate in the Event, on my own behalf and on behalf of my heirs (whether testamentary or by intestacy), executors, administrators, legal representatives, assignees and successors in interest, I hereby assume full responsibility for my participation in the Event and, to the fully extent permissible under the law, waive, release, discharge, hold harmless, and covenant to indemnify and not to sue the Host, Diner en Blanc International Inc., Dîner en Blanc 30th Anniversary and their affiliates, and their respective directors, members, owners, managers, employees, agents, contractors, insurers and equipment suppliers, and any persons or entities whose property and/or personnel are used in connection with the Event (each of such persons and entities, a “Released Party”, and collectively, the “Released Parties”), from any and all rights and claims which I have, known or unknown, or which may hereafter accrue to me resulting from or in connection with my participation in the Event.
Acknowledgement of Understanding. I have read this Agreement in its entirety and fully understand, and agree to be bound by, all of its terms.
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EVENT TERMS AND CONDITIONS OF USE
This website (the “Site”) is owned, managed and operated by Dîner en Blanc International Inc. ("DEB INT"). By accessing this Site and subscribing to the rights and/or privileges of Dîner en Blanc membership, you agree to be bound by these General Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site.
The terms and conditions stated herein are in addition to and shall supplement the membership terms and conditions that you might have received in your specific membership kit for a particular city, which terms and conditions are incorporated herein verbatim by this specific reference.
MEMBERSHIP FEES RIGHTS AND BENEFITS
Your Dîner en Blanc International membership provides you with unlimited Internet access to DEB INT's password protected Site, from any location with Internet service.
A Dîner En Blanc membership is a unique and effective tool that entitles you to manage all aspects of the local event that you will be attending. Some of the features may include: select your companion at your table; recommend another friend who can be invited to the event; communicate with his local organizers; mange seating arrangement; manage transportation to the event, purchase items from the store and subject to availability.
PLEASE NOTE THAT EACH DINER EN BLANC LOCAL CITY EVENT IS HOSTED AND ORGANIZED BY A LOCAL EVENT ORGANIZER(S) WHOM OR WHICH IS ENTIRELY INDEPENDENT FROM DEB INT AND YOU MUST CONTACT YOUR LOCAL DINER EN BLANC CITY EVENT ORGANIZER FOR DETAILED INSTRUCTIONS. DEB INT IS IN NO WAY RESPONSIBLE FOR THE LOCAL EVENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANYTHING RELATED TO THE EVENT.
After your order is verified and submitted for billing, a yearly subscription fee in accordance with the terms of the offering materials will be billed to your designated credit card or bank account, and if you have so selected, will be continued to be charged on yearly basis until you contact us and cancel. You can contact our customer support by visiting www.dinerenblanc.com. DEB INT reserves the right to change the yearly subscription fee without notice.
YOU authorize DEB INT to deduct from your bank account all applicable transaction and membership fees and/or charges required to maintain your membership for one year or, additional time if you have requested auto renewal. Bank statements will reflect these transactions each year under debits from DEB INT or one of its registered trade names. DEB reserves the right to resubmit (up to 2 attempts) any payment declined or returned/rejected for non-sufficient funds (NSF). YOU understand that YOU may be responsible to YOUR bank for overdraft charges, return item fees or similar charges resulting from declined or NSF transactions, whether or not the item is paid or rejected.
PRICE AND AVAILABILITY
The Dîner en Blanc event (including products and services ordered or purchased through this Site from any Vendor or participating business) are subject to local event city regulations, and availability of proper venue and proper seating arrangement. DEB INT makes no guaranty that the local organizer of the event will be able to accommodate all the requests made by you on the DEB Site nor is DEB INT in any way responsible for such requests.
RECEIPTS AND REFUNDS:
Membership offers expressly require a customer to provide their name, address, bank account or credit card information and email address, and agree to be billed at full membership rates unless the order is cancelled before the end of the verification period. Upon receipt of your order, Paypal will present you with a receipt. You can also download the receipt from your page on the Site. DEB INT reserves the right to refund all or a portion of subscription fees paid when, in its sole discretion and business judgment, it is fair and equitable to do so, as determined by DEB INT at its sole and absolute discretion.
TRANSFER RESTRICTIONS AND UNAUTHORIZED USE:
You agree that you will use your membership only for your own benefit. You may not transfer, assign, sell or lend your membership or rights to any other person. You agree to preserve and protect the privacy, secrecy and/or confidential nature of your membership number, and all personal identification information used in connection with your membership number, including credit card information, bank account information, user ID and password, your social security number, etc., DEB INT reserves the right to suspend your account if your user name has been compromised, or used on two or more different IP addresses at the same time or so close in time that you could not physically have been present at the access locations within that time period.
REPRESENTATIONS AND WARRANTIES OF MEMBER
You warrant and represent that through or as a result of the rights and access authorization provided by DEB INT, and/or related to DEB INT's vendors, marketing partners, or other members you will not use any computer, server, digital or electronic equipment or devise, computer program or software, digital signal, digital message or communication process, website, server, or the Internet to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree to not interfere with the servers or networks connected to DEB INT or to disobey any requirements, procedures, policies or regulations of networks connected to DEB INT.
ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, DEB INT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
TECHNICAL ISSUES AND DISCLAIMER OF WARRANTY
You acknowledge and agree that technical processing and transmission by or to DEB INT, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Access to this Site and the availability of services, materials or documents from the Site is subject to interruption of access to the Internet caused by maintenance work, technical failures, or issues which may include interruptions beyond our control, such as your Internet access, technical failures associated or weather/power related outages. To the extent the interruption is caused by issues within our control, we agree to re-establish access to the Site in our sole and absolute discretion, to terminate your service and refund any unused portion of your current, monthly subscription fee. The yearly membership fee is subject to change by DEB INT without notice.
TERMINATION, AMENDMENT AND MODIFICATION
DEB INT reserves the right to amend, modify and/or change any of the terms and/or conditions set forth herein at any time without notice. The effective dates of any amendments or modifications shall be posted on the Site and such modifications shall be effective as of the date of posting, Your continued access to the Site and/or use of your membership rights or DEB INT services will constitute your acknowledgment and acceptance of the modified or amended terms and/or conditions. DEB INT retains the right at any time (and from time to time) to discontinue, modify, temporarily or permanently terminate the DEB INT Site (or any part thereof) with or without notifying you. If DEB INT discontinues the site, DEB INT will not be liable to you or any third party for such discontinuance, modification or termination.
DISPUTE RESOLUTION
Any dispute, controversy or claim arising out or in relation to these General Terms and Conditions and the matters contained herein, including but not limited to its existence, breach, termination or legal validity, shall be resolved by the parties in accordance with these provisions.
Negotiation: The parties shall first seek to resolve the dispute by way of negotiation in good faith by persons with decision-making authority regarding the dispute and, if unable to reach agreement within 10 business days, the parties shall jointly initiate a mediation.
Mediation: If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to mediation, by way of a single mediator jointly selected by the parties. The settlement of the parties, in writing and duly signed by all parties, is final and binding on the parties, with no rights of appeal, and shall be enforceable by the parties in accordance with contract law and any applicable legislation or treaties governing the enforceability of settlements reached through mediation. If the parties are unable to reach a settlement, the mediation is without prejudice to either party's right to demand Binding Arbitration.
Binding Arbitration: If the parties are unable to resolve the dispute through negotiation and mediation, the dispute shall be finally and exclusively settled by binding arbitration in accordance with the rules set forth at section 940 and following of the Code of Civil Procedure (Quebec), by one (1) arbitrator jointly selected by the parties, or failing agreement, appointed by the court. The place of arbitration shall be Montreal, Canada and the English language shall be used throughout the arbitration proceedings. The arbitrator shall have binding authority to determine all issues arising out of this Agreement and to enter any legal, equitable or restitutionary remedy, including injunction and/or restitution. Fees and costs of arbitration shall be initially born by the parties equally.
PROMOTIONS AND ADVERTISING
DEB INT and/or its business partners may present advertisements or promotional materials on or through the Site or Service. Your participation in any promotion, as well as your purchase of any product or service described in such advertisements or promotional materials, whether or not any such promotion or offer is linked or available through the Site, are subject to those terms and conditions contained or referenced within the promotional materials, web page, or website associated with such offer or promotion. Your participation in other promotions on or through the Site or Service is not required by the terms of this Agreement, but is subject to any terms and conditions stated in connection with such offer or promotion. You agree that DEB INT and the Diner en Blanc local city event organizers shall not be held responsible or liable for any loss of damage arising out of any other offer or promotion, and these Terms and Conditions of Use shall apply only between you and DEB INT with respect to your online access to the information posted on this Site.
CHANGES TO THE SITE - UPDATES –
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
CHANGES TO TERMS AND CONDITIONS
DEB INT may at any time, and at its sole discretion, modify these Terms and Conditions of Use, with or without notice. Amendments or modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
LINKS
This Site may contain links to or references to third party Sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other Sites or otherwise made available through their Sites are solely those of such third parties and not of DEB INT or its Vendor. Your use of such third party Sites is subject to the terms and conditions of use and the privacy policies of such Sites.
BILLING FRAUD AND FRAUD RESOLUTION
DEB INT and its payment processing affiliates have a zero tolerance policy for fraudulent transactions, including the use of unauthorized bank account or other billing information as payment for products and services. DEB INT will prosecute the fraudulent use of billing information to the fullest extent of the law. In the event of a claim of unauthorized billing or fraud, you agree to assist DEB INT in the timely and complete resolution of the claim, including where applicable the provision of other or additional billing information on your account.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of DEB INT or its licensors and are protected by copyright, trademark and other intellectual property laws. The Dîner en Blanc name, logo, business and marketing methods, web designs, graphics and related trade dress or marks (collectively the "Materials") are the intellectual property of DEB INT and/or its licensors. All rights reserved. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part Site) without express prior written consent of DEB INT. Use of Materials is only permitted with the express written permission of DEB INT. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site.
DISCLAIMER OF WARRANTIES
This site, its contents, and any software, products, and services offered or contained herein are provided on an "as is" basis and on an "as available" basis. DEB INT makes no representations or warranties of any kind with respect to this site, its contents, or such software products and services, and disclaims all such representations and warranties, including, without limitation, for example warranties of merchantability and fitness for a particular purpose., non-infringement of third party rights, error-free or uninterrupted service, accuracy availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, any software, tools, tips, product or services provided through this site. in addition, DEB INT does not represent or warrant that the information accessible via this site is accurate, complete or current, price and availability information is subject to change without notice.
LIMITATION OF LIABILITY
In no event shall DEB INT, its affiliates, and any of their respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: (1) your participation in a Dîner en Blanc® event, and (2) the DEB INT Site andany materials, information, qualification and recommendations appearing on this Site; any software, tools, tips, products, or services offered through, contained in or advertised on this site; any link provided on this site; and your account and password, in each case whether or not DEB INT has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your right to use this site. You acknowledge and agree that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
DEB INT makes no warranty that the functions of the Site will be uninterrupted, secure or error free or that any errors on this site will be corrected. DEB INT and/or its affiliates assume no responsibility for (1) any problems relating to technical malfunction or delays of telephone networks or lines, computer on-line systems, servers, providers, computer equipment, or software, (2) failure of any e-mail to be received due to technical problems or traffic congestion of the internet, DEB INT sites, or any combination thereof. to the extent permitted by applicable law, DEB INT shall not be liable to you for any damages, losses, consequential or exemplary damages of any kind, including without limitation any injury or damage to your computer and/or any other computers or computer equipment as the result of downloading any materials relating to this site.
INDEMNIFICATION
You agree to indemnify and hold harmless DEB INT and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (1) your breach of these Terms and Conditions of Use; (2) your participation in a Dîner en Blanc® event and (3) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from DEB INT electronically, either by e-mail or by notices posted on this site, as determined by DEB INT in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by DEB INT in writing is satisfied by such electronic communication. You agree that DEB INT and/or its affiliates may send you e-mails, which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your membership and your relationship with DEB INT and/or its affiliates.
CONSENT FOR PHOTOGRAPHY AND FILMING
When attending a Dîner en Blanc® event, guests enter an area where photography, audio and video recordings will occur.
By entering the event premises, guests consent to interview(s), photography, audio recording, video recording and their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by Dîner en Blanc® and its affiliates and representatives. Guests release Dîner en Blanc® International and local Dîner en Blanc® organization, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.
By entering the event premises, guests waive all rights they may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. Guests also waive any rights to review or approve of any photo, video, or audio recording taken by Dîner en Blanc® and/or the person or entity designated to do so by Dîner en Blanc®.
