Introduction

The following terms and conditions govern all use of the Dimsumguide.com website and all content, services and products available at or through the website. The Website is owned and operated by Dim Sum Guide (“Dim Sum Guide”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dim Sum Guide’s Privacy Policy) and procedures that may be published from time to time on this Site by Dim Sum Guide (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Dim Sum Guide, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Dim Sum Guide Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Dim Sum Guide may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Dim Sum Guide liability. You must immediately notify Dim Sum Guide of any unauthorized uses of your account or any other breaches of security. Dim Sum Guide will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users

If you operate an account, comment, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your account is not named in a manner that misleads your users into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dim Sum Guide or otherwise.

By submitting Content to Dim Sum Guide for inclusion, you grant Dim Sum Guide a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, Dim Sum Guide will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Dim Sum Guide has the right (though not the obligation) to, in Dim Sum Guide’s sole discretion (i) refuse or remove any content that, in Dim Sum Guide’s reasonable opinion, violates any Dim Sum Guide policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dim Sum Guide’s sole discretion. Dim Sum Guide will have no obligation to provide a refund of any amounts previously paid.

3. Responsibility of Website Visitors

Dim Sum Guide has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dim Sum Guide does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dim Sum Guide disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Dimsumguide.com links, and that link to Dimsumguide.com. Dim Sum Guide does not have any control over those non-Dim Sum Guide websites and webpages, and is not responsible for their contents or their use. By linking to a non-Dim Sum Guide website or webpage, Dim Sum Guide does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dim Sum Guide disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

5. Copyright Infringement and DMCA Policy

As Dim Sum Guide asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Dimsumguide.com violates your copyright, you are encouraged to notify Dim Sum Guide. Dim Sum Guide will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dim Sum Guide will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dim Sum Guide or others. In the case of such termination, Dim Sum Guide will have no obligation to provide a refund of any amounts previously paid to Dim Sum Guide.

6. Intellectual Property

This Agreement does not transfer from Dim Sum Guide to you any Dim Sum Guide or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dim Sum Guide. Dim Sum Guide, Dimsumguide.com, the Dimsumguide.com logo, and all other trademarks, service marks, graphics and logos used in connection with Dimsumguide.com, or the Website are trademarks or registered trademarks of Dim Sum Guide or Dim Sum Guide’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dim Sum Guide or third-party trademarks.

7. Advertisements

Dim Sum Guide reserves the right to display advertisements.

8. External Links Disclaimer

The Website may contain (or you may be sent through the Website) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Website or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

9. Affiliates Disclaimer

The Website may contain links to affiliate website, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. The Website is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

10. Changes

Dim Sum Guide reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dim Sum Guide may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

Dim Sum Guide may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Dimsumguide.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided "as is". Dim Sum Guide and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dim Sum Guide nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will Dim Sum Guide, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) the interruption of use or loss or corruption of data; (iv) any damages for loss of profits or business interruption; or (v) for any amounts that exceed the fees paid by you to Dim Sum Guide under this agreement during the twelve (12) month period prior to the cause of action;. Dim Sum Guide shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Dim Sum Guide Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.