Terms and Conditions

Last updated: 06/24/2015

Welcome to the website “YellowDish.com.” By using this website (the “Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and The New Life Enterprise, LLC, PO Box 2115, Darien, Connecticut 06820, owner and provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site. The term “you” refers to any user or viewer of our Site.

Each time you use this Site you agree to be subject to and bound by the following Terms and Conditions of use:

  1. The content of the pages of the Site and data available on the Site are for your general informational use and guidance purposes only. It is subject to change without notice.

  2. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

  3. Additionally, by accessing and using our Site, you agree that you are of or over the legal age to enter into a contract in the jurisdiction from which you are accessing the Site, but not less than eighteen (18) years of age. You also agree to be bound by the terms found in our Privacy Policy which can be accessed by the following Privacy Policy.

  4. The trademarks, logos and service marks (“Marks”) displayed on the Site are the exclusive property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.

  5. The site engages in listing stores that sell food. All food store owners and adult patrons can participate in the website.

  6. On this site, both food store owners and adult patrons all over the world can participate in our website. There are four user levels: a) un-registered users can access all areas and features available to the public for free; b) registered users can access all public areas and features of the website and they can also save a list of their favorite menus and stores, and use the YD Kitchen Direct online ordering service as described in provision 8 for free; c) store owners can access all public areas and features of the website available to registered users, access all areas available to store owners, and upload store information, menu, and coupons for free, but they cannot access those areas reserved for premium store owners and/or YD Kitchen Direct online ordering service subscribers; and d) premium store owners can access all public areas of the website available to store owners, can upload store information, menu, and coupons for free, and they receive a larger format store menu and photo for a monthly fee; but they cannot access those areas reserved for YD Kitchen Direct online ordering service subscribers.

  7. All subscriptions to this Site must be paid using PayPal.

  8. Credit card payments for online orders made using the YD Kitchen Direct Service are processed entirely by PayPal and not by this Site.

  9. In addition to the above services, this Site offers a service called "YD Kitchen Direct" to all of its users. This is the marketplace through which users can place order with participating restaurants or food stores. Restaurants and food stores can either accept payments upon pickup at their location, upon delivery to the customer, or from customers directly by credit card using PayPal without YellowDish.com being involved. In addition to the general Terms of Use, you agree to the following if you use the YD Kitchen Direct Service to order items from a restaurant or food store:

  10. a.You agree to pay for your order in person upon pickup or delivery, or by credit card through PayPal. If you fail to pay for any order without good cause, to be determined in our sole discretion, we may suspend or cancel your account.

    b.You agree that we are only a listing service and that we have no obligation to ensure that your order is properly prepared and made available to you at the restaurant or food store, by delivery, or otherwise. The preparation and delivery of your food is the sole responsibility of the restaurant or food store that you ordered from. It is your responsibility to know whether the restaurant or food store is open and still in business at the time of your order.

    c.You agree that once your order is placed you may not request a refund of your payment. All orders are final. In fact, we have no ability whatsoever to provide you with a refund as all payments are made directly to the restaurant or food store by credit card via PayPal. You may only obtain a refund in accordance with the policy of the restaurant or food store that you ordered from.

    d.You agree to resolve and any and all issues with your order directly with the restaurant or food store that you ordered from. You agree that nothing in these Terms of Use obligates us to resolve any issue you have with a restaurant or food store on your behalf.

    e.You agree to notify us immediately via e-Mail of any issue you experience with a listed restaurant or food store so that we may take the appropriate action, if necessary. If you fail to notify us of any issue on the day the order is placed, then we reserve the right to refuse to assist you in resolving the issue.

    f.You agree that will may collect your name, e-Mail , physical address, delivery address, and phone number when you place an order through the Site. You also agree that we may collect information regarding your online payment, including, without limitation, your form of payment, place of payment and credit card information. We agree that we will not keep your credit card information on file, however, PayPal may keep your credit card information on file in accordance with its terms of use, privacy policy, or other policy.

  11. The Site offers users of the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) User Content. Subject to the rights and license you grant in this Agreement, you retain whatever legally cognizable right, title and interest that you have in your User Content.

  12. You grant Us and every other user of the Site a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on YellowDish.com solely for the purposes of operating, developing, providing, and using the Site. Nothing in these terms and conditions shall restrict other legal rights We may have to your User Content, for example under other licenses. We reserve the right to remove or modify your User Content for any reason, or no reason at all, in Our sole discretion.

  13. Each time you submit any User Content, you represent and warrant, as to that User Content, that (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Us the rights to it that you are granting by these terms and conditions, and any future revisions of same, all without Us having the obligation to obtain consent of any third party and without creating any obligation or liability of upon Us; (b) the User Content is accurate; (c) the User Content does not and, will not infringe upon any intellectual property or other right of any third party; and (d) the User Content will not violate this these terms and conditions, or cause injury or harm to any person.

  14. Please remember that the Site is a public forum and that User Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account and/or make a credit card payment via PayPal, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on the Site.

  15. Except as otherwise described in our Privacy Policy you agree that (a) your User Content will be treated as non-confidential and non-proprietary and will not be returned or preserved by Us in any way, and (b) We do not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Our request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this these Terms of Service or any revision of them.

  16. This Site uses Google AdSense. If you submit any User Content to this Site you must comply with the Content Policies of Google AdSense which can be found at this link: https://support.google.com/adsense/answer/1348688
    You agree that your User Content will not contain any content that Google AdSense designates as Prohibited Content now or in the future. If your User Content contains Prohibited Content, in our sole discretion and determination, we reserve the right to remove any part or all of your User Content. Specifically, but without limitation, the content listed below, is considered Prohibited Content by this Site and by Google AdSense:
    Adult content
    Content that advocates against an individual, group, or organization
    Copyrighted material
    Drug, alcohol, and tobacco-related content
    Hacking and cracking content
    Sites that offer compensation programs ("pay-to" sites)
    Sites that use Google Brand features without permission from Google
    Violent content
    Weapon-related content
    Other illegal content
    Please click the following link to learn the details of Google AdSense’s Prohibited Content policies: https://support.google.com/adsense/answer/1348688

  17. This Site may provide links to other Sites which allow you to leave this Site to access thirdparty material or bring third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.

  18. All content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

  19. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on any linked Site or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstances will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from the Site or a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

  20. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. We may change these Terms & Conditions, the Privacy Policy, and the content on the Site at any time without notice. Provider may make improvements or any other changes to the Site at any time.

  21. You agree that Provider, its affiliates and any of their respective officers, directors, employees, owners, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

  22. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

  23. These Terms and Conditions contain all of the representations, promises and obligations of the Provider of this Site and no other representations, promises and/or obligations made anywhere other than in these Terms and Conditions, whether written, oral or otherwise, will be binding upon the Provider. If any provision in these Terms and Conditions are later determined to be unenforceable by any court, arbitrator or any other forum, all of the other Terms and Conditions of this Site shall remain in full force and effect.

  24. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of Connecticut, United States of America and applicable federal law without regard to conflicts of laws principles.