Welcome to the 2017 OAD Fine Dining Survey.
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Opinionated About® Dining Terms and Conditions
(Updated Oct 1, 2012)
PLEASE READ THE ENTIRE AGREEMENT SET OUT BELOW.
OUR GOAL: Opinioned About® Dining and opinionedabout.com (hereinafter collectively “OAD”) is owned and operated by SJP Media, L.L.C. OAD is in the business of publishing guides to dining as well as other subjects in the form of books or published on the Internet, and OAD has developed a proprietary method for collecting and compiling data derived from ratings and comments contributed by people who demonstrate knowledge and expertise on the subject of fine dining. By checking the box at the bottom of this page you (hereinafter “YOU” or “YOUR”) agree to convey all rights in the content you provide to OAD in the form of ratings, comments or answers to questions (hereinafter the “Responses”) YOU answer, based on the terms and conditions stated below.
ALL PERSONALLY IDENTIFIABLE INFORMATION PERTAINING TO SPECIFIC RATINGS WILL ALWAYS REMAIN CONFIDENTIAL AND WILL NOT BE DISCLOSED IN ANY WAY TO RESTAURANTS, CHEFS OR OTHERS IN THE INDUSTRY.
1. ELIGIBILITY. YOU must be 18 years of age or older to participate and be a United States resident. No exceptions will be made regarding this policy. YOU may only sign up once. OAD reserves the right to terminate duplicate accounts.
2. ACCURACY OF INFORMATION. YOU represent and warrant that YOU have provided OAD with accurate contact information. OAD reserves the right to request verification of any information provided by YOU and the right to terminate a user for failure to provide such information upon request. In addition, YOU represent and warrant that YOU will only rate restaurants that YOU have personally visited, and that any opinions or comments YOU give about such restaurants are honest, truthful and your own.
3. ACCOUNTS ARE NON-TRANSFERABLE. Your user id and password are exclusive to YOU and are not transferable. YOU are responsible for keeping your user id and password secret and warrant that YOU will be responsible for any losses suffered by OAD for giving your user id or password to others. OAD will not be liable for losses that are incurred through the use of YOUR user id or password by a third party or the disclosure of YOUR user id, password or account.
4. TERMINATION AND CANCELLATION. OAD, at its sole discretion, may terminate a user without prior notice for: (a) any violation of any provision of these Terms & Conditions; (b) acting against the business interests or reputation of OAD; (c) otherwise acting unlawfully in relationship to OAD, or (d) any other reason at the discretion of OAD. If YOUR account is terminated by OAD, YOU may not re-enroll or join under a new account unless formally invited to do so by OAD and YOU forfeit all rewards points. Additionally, YOU shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of OAD. YOU shall not use robots or scripts with OAD. Violation will result in termination of YOUR user id and password and bar YOU from future participation in surveys. Any decision made by OAD relating to termination in cases of suspected abuse or violation of its rules shall be final and binding.
5. YOUR RELATIONSHIP TO OAD. Your relationship to OAD is one of an independent contractor and/or customer. No employee-employer relationship is created by YOUR submission of Responses.
6. INTELLECTUAL PROPERTY. The entire content of the Responses (including all rights of copyright) submitted by YOU to OAD shall vest in and become the exclusive property of OAD. YOU retain no rights of copyright, compensation, editorial credit, nor any other property or equitable rights in the Responses, or in the final product in which the Responses are used. OAD shall have the exclusive and irrevocable right to use, or not use, at its sole option and in its sole discretion, the Responses for any purpose. YOU hereby assign any copyright YOU may have in the Responses to OAD. If requested to do so by OAD, YOU agree to execute any and all documents necessary to transfer and vest all rights, including copyrights, in OAD. OAD shall have the right to register for Copyright protection in its own name any and/or all of the Responses, and avail itself of any right under law to protect its property against infringement or other damages. YOU represent that the Responses are original, are not a copy or derivative of another work, are not substantially similar to another work and do not infringe upon the intellectual property rights of any third party.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT PARTICIPATION IS AT YOUR SOLE RISK. SURVEYS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OAD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH YOUR PARTICIPATION IN SURVEYS, USE OF YOUR DISCOUNT COUPONS OR GIFT CERTIFICATES, OR ANY TRANSACTIONS ENTERED INTO IN CONJUNCTION WITH YOUR PARTICIPATION IN SURVEYS.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER OAD NOR ANY OF ITS SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, RETAIL PARTNERS, LICENSORS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SURVEYS, THE REDEMPTION OF DISCOUNT COUPONS OR GIFT CERTIFICATES AS PART OF THIS AGREEMENT, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE OPINIONATEDABOUT.COM WEBSITE OR MESSAGES RECEIVED FROM OAD OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OAD'S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE PRODUCTS RECEIVED THROUGH THE SERVICES OF OAD.
9. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by New York law, any action relating to this Agreement shall be brought in the state or federal courts located in the Southern District of New York, and YOU hereby submit to the exclusive jurisdiction and venue thereof. YOU agree to comply with the laws of New York and the United States that apply to the use of this program and the rewards YOU receive. If the laws of YOUR state of residence prohibit or limit YOUR participation in this program, then YOU are responsible for complying with such laws and YOU agree to indemnify OAD against any breach. This Agreement is personal to YOU and YOU may not transfer, delegate, or assign this Agreement, your OAD account or other benefits you receive to anyone. Any attempt by YOU to assign or delegate this Agreement shall be null and void and result in forfeiture of any accumulated points. OAD may assign this Agreement at its sole discretion.
10. SECURITY. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, OAD has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, OAD cannot guarantee the security of any information that you transmit to us and YOU do so at Your own risk.
This constitutes the entire Agreement between YOU and OAD in connection with the submission of Responses and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force to the extent practicable. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
CONTACTING US. If YOU have questions about OAD or this Agreement, please contact us at firstname.lastname@example.org.
OAD respects each individual’s right to personal privacy. We will collect and use information through our Survey Web site only in the ways disclosed in this statement. This statement applies solely to information collected at OAD’s Survey Web site.
Part I. Information Collection
OAD collects information through our Survey Web site at several points. We collect this information through the registration procedure to answer surveys and from the answers that are provided within the surveys themselves. This information is collected voluntarily. We collect the following information: name, email, address, phone number, url or blog address, and age group information.
We may also collect personally identifiable information which our users divulge about other people, such as who referred them to our site. OAD does not actively market to children, and we never knowingly ask a child under 13 to divulge personal information.
We collect demographic data in order to determine whether users have dining experience in specific places of interest to OAD and for the purposes of reward fulfillment.
OAD does not verify the accuracy of information provided by users, but reserves the right to do so. OAD is not responsible for lost communications or compensation due to failure to provide valid contact information.
We do employ cookies. A cookie is a small text file that our Web server places on a user’s computer hard drive to be a unique identifier. Cookies enable OAD to track usage patterns and deliver customized content to users. Our cookies do not collect personally identifiable information.
Part II. Information Usage.
The information collected by OAD will be used for compiling data derived from the surveys and will be used for any commercial or promotional use on the subject of fine dining, including but not limited to, OAD’s publications, as well as for reward fulfillment. Please refer to our Terms & Conditions for more information on information usage.
The information we collect will be used to create user profiles based on demographics and dining experience. We may supplement information collected at our Web site with data from other sources.
We may share data with the following third parties: publication partners who are supplying books; retail partners who are supplying merchandise and discounts to people who may be eligible for rewards (please see our terms & conditions for more information); shipping companies; and financial institutions, all who help fulfill, process and deliver rewards. If a user does not wish for us to share his or her information with the foregoing entities, he/she cannot participate.
We intend to offer links from the opinionedabout.com website to other Web sites of our retail partners. Please note: When you click on links to other Web sites, we encourage you to read their privacy policies. Their standards may differ from ours.
Our Survey Web site is set up to specifically collect information and data on the subject of fine dining. Please be advised that this information may be used in OAD’s guide books or for any other purpose. Please review our Terms & Conditions carefully before submitting any information on our Survey Web Site.
Part III. Access to Information
OAD maintains the accuracy of our information solely through what is provided to us by users. Users may access their own personal information and contact us about inaccuracies they may find by emailing us at email@example.com Users may request deletion of their information from our database by emailing us at firstname.lastname@example.org.
Part IV. Problem Resolution
If problems arise, users may contact OAD by emailing us at email@example.com. We seek to resolve any issues or problems within 48 hours.
Part V. Data Storage and Security
OAD protects user information with the following security measures: all information is stored in a secure server that follows all standard security protocols, technology and procedures used to protect consumer privacy.