Terms of Service

Last updated on September 25, 2023.

Welcome to Red Dining Book! These terms replace and supersede all prior versions.

Overview

Red Dining Book and the services provided ("Services") are maintained and operated by Red Dining Book, LLC ("us", "we", "our", "the Company"). The present document and other documents that govern your relationship with us (“Agreement”) are only available in English. Please read this Agreement carefully and make sure you understand it.

In the context of this Agreement, "RDB" shall mean Red Dining Book, LLC, the Red Dining Book, and the Red Dining Book website.

These Terms of Service (“Terms”) set forth the terms and conditions that apply to your use of RDB. Furthermore, additional terms and conditions may apply to you depending on the services you use.

By using RDB (other than to read this page for the first time), you (“you”, “your”, or “user”) agree to comply with these Terms set forth herein and to the collection and use of your information as set forth in the RDB Privacy Policy.

We may revise these Terms at any time, and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to RDB.

If we modify the Services, or we modify these Terms, we will tell you a reasonable amount of time in advance of any modifications, however for modifications to the Terms or to the Service that we need to make to meet security, safety, legal or regulatory requirements; we may not be able to notify you in advance. Still, we will let you know as soon as possible.

We may notify you either by posting a new version of these Terms, notifying visitors on www.reddiningbook.com that a new version has been posted, or by e-mail to the last known address on file.

Under this Agreement, "Service(s)" shall mean the physical Red Dining Book (the “Book”), and any of the Internet-based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise.

The Book can be obtained either at select physical locations, or through the use of our site. By purchasing a Book, visiting the site, or otherwise utilizing the Services offered by RDB, you agree to these Terms.

"User Contributed Content" shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, "Skins", "Sketches" or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.

"User Created Art" shall mean any intellectual property created by a user as part of his or her use of the Service.

If you breach these Terms and/or any other agreement with RDB, your authorization to use RDB automatically terminates.

Use of service

2.1 What RDB provides

The Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Service and related software and display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view, or alter any Company's source code or object code.

The RDB Service requires all persons to be at least 13 years old. If you are between the age of 13 and the age of majority where you reside, your legal guardian must review and agree to these Terms. Using false information by using our Service is a violation of our Terms.

The Company grants you a limited, revocable license to post a copy of your User Created Content on your own website or on a third-party website that complies with all applicable laws and these Terms.

You accept that your use of RDB will subject you to advertisements on RDB from RDB.

Finally, the Company reserves the right to discontinue the Service or change the content of the Service in any way and at any time, with or without notice to you, without liability.

2.2 Use of the site

You represent and agree that:

You are able to enter into this Agreement. You have the right, authority, and capacity to enter into the Agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
If you are accepting these Terms and using the Services on behalf of a company, organization, institution, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You do not collect or harvest any personal data of any user of the site or the Service.
Except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
Any User Created Art is your original work, and your contribution to the User Created Art does not violate any third party's privacy rights, publicity rights, copyrights, or other intellectual property rights.
You agree to pay all royalties, fees, and any other amounts concerning your contribution to User Created Art;
You have the right to display each and every item of User Contributed Content that you have released through the Service, including the right to display all copyrights, trademarks, trade names, and similar intellectual property;
You do not rely on the Company to monitor or edit the Service;
The Service may contain content that you find offensive and waive any objections you might have with respect to viewing such content.

2.3 Use of the Book

By purchasing the Book, you agree to be bound by the following conditions and restrictions to your use of the Book:

Dining for Two. You can only use the Book if you are dining with at least one additional person, and at least two people are ordering a main entrée. You are restricted to using more than one Book, or voucher in the Book at a time, even if dining with more than two people. Moreover, the Book cannot be combined with other special offers of the restaurant, or on special occasions such as New Year's Eve, Christmas, or other celebrated holidays.
Reservations. RDB is an intermediary between you and the restaurants which are represented in the Book, no reservations to, or for a restaurant in the Book can be made through our Services. Use of the Book requires you to inform the restaurant that you are planning on using the Book at the time of reservation, and you are required to physically bring the Book with you to the restaurant; the restaurant is not obliged to accept the Book and therefore the voucher if this condition is not met. The restaurant has the right to limit or refuse the number of guests with the Book on busy days (i.e., Thursdays, Fridays and Saturdays), public holidays, or special events. The Book may only be redeemed at the selected restaurants found in the Book (see information regarding the specific location of the Restaurant in the Book).
One Main Entrée. Each of the selected restaurants in the Book entitles you to one free main entrée from each of the restaurant’s current menus when ordering at least two main entrées, and providing that the discount for the main entrée does not exceed a maximum amount of thirty dollars ($30.00). To be clear, You and/or your guest must purchase at least two main entrées to take advantage of the voucher. The maximum discount for the main entrée is limited to thirty dollars ($30.00). The cheaper of the two main entrées, limited to a maximum discount of thirty dollars ($30.00), will be discounted accordingly. For the purposes of this Agreement, pasta and pizza are also considered main entrées. If a restaurant does not clearly declare its’ dishes as “main entrées” on its menu, you are obligated to confirm with the restaurant prior to ordering what menu items are eligible for the use of the vouchers in the Book. If a restaurant only offers whole meal menus or prix fixe menus, a maximum credit of thirty dollars ($30.00) shall be applied. Depending on the restaurant, the selected restaurants may or may not offer discounts with the Book on lunch menu items as well. Always confirm with the restaurant prior to ordering to avoid any issues with redemption.
Validating the Voucher. When it is time to pay your bill, and upon proper presentation of the whole authentic Book, the restaurant will place a stamp, autograph, or other signifying mark visible above the respective side of the restaurant in the Book; the voucher shall no longer be valid after the restaurant places such a marker in the Book.
One Year Term. The Book shall be valid from January 1, 2024 until December 31, 2024. RDB does not assume any responsibility if the restaurants listed in the Book do not maintain their offer due to change of ownership, tenancy, closure, or any force majeure incidents as described below in sections 9, 10 and 11.
Use Restrictions and Limitations. RDB is solely an intermediary platform. Please note that RDB does not provide, endorse, or guarantee any of the featured restaurants’ product, service, or information. RDB is not affiliated with the restaurants featured within the Book and is not responsible for their products and/or services. The Services may contain links to other websites or apps that are not maintained by us. Other websites and apps may also reference or link to our Services. We encourage you to be aware when you leave our Services, and to read the terms and conditions and privacy policies of each and every website and apps that you visit. We are not responsible for the practices or the content of such other websites and apps.

Any liability due to, but not limited to, the following are expressly disclaimed: bad experiences in the restaurants, problems with food (for example allergies, incompatibilities, etc.), refusals of reservations, incorrect redemption and cancellation of Book vouchers, closures of restaurants listed in the Book, sale of alcoholic products to minors under 21 years of age and the like. RDB assumes no liability for any of the abovementioned and will not refund any payments nor will RDB replace a lost or stolen Book.

Furthermore, if a voucher page is ripped, torn or otherwise removed from the Book, that voucher shall be void and made invalid. The same applies if a voucher page is destroyed, altered, or otherwise made different from when first purchased.

If you receive a brand-new Book from our distributor and the Book is damaged upon arrival, your sole recourse is with the distributor. Do not attempt to contact RDB as it will be unable to remedy your issue.

If you properly present a voucher at a restaurant, and the restaurant for whatever reason does not honor the voucher, then your sole remedy will be with the restaurant. Although RDB would like to be made aware of these issues through our customer support line, RDB holds no responsibility for the restaurant’s actions and will be unable to remedy your issue.

Only authentic serialized versions of the Book will be honored.

2.4 Account information

You must ensure that your billing information and delivery address (the information you provided when you enter your information for purchasing the Book) is current, complete, accurate, and truthful at the time of purchase. RDB is not, and cannot be found liable for incorrect account information inputted by you.

Intellectual property rights

3.1 Your rights

You retain full ownership of your content ("User Content"). By "User Content," we understand both the stuff you upload on RDB ("User Contributed Content") and the content you generated/published on RDB ("User Created Content"). RDB does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials ("User Content") that you post on RDB. However, we need you to grant us certain rights in the "User Content" so that we can incorporate such "User Content" in our Services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up, and allowing the download of User Content on or through RDB. Therefore, by displaying or publishing any content on or through RDB, you hereby grant RDB a non-exclusive, fully paid, and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and translate such content, including without limitation distributing part or all of the site in any media formats through any media channels, except content not shared publicly ("private") which will not be distributed outside RDB.

RDB expressly disclaims any and all liabilities in connection with any User Contributed Content or User Created Art.

3.2 Copyrights

The materials found on our site are protected by the United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including information in the public domain) and the site's overall design are copyright © 2023 Red Dining Book, LLC. Permission is granted to view and print materials from the RDB site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of RDB LLC, is strictly prohibited.

3.3 RDB rights

All materials contained on RDB are copyrighted by Red Dining Book, LLC and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of RDB, including related graphics.

You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or purchasing any virtual, or physical goods.

We disclaim any liability related to the content of any such materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You acknowledge that it is our policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the sites or this Service and that we reserve the right at all times to edit, refuse to post, or to remove any materials in whole or in part, that in our sole discretion, are objectionable or in violation of these Terms.

3.4 Notification of claims of infringement

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the owner's prior written consent of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please follow our Notice and Procedure for Making Claims of Copyright Infringement or contact our designated copyright agent at:

Red Dining Book, LLC
Attn: Privacy Policy Inquiry
2355 Westwood Blvd. 1410, Los Angeles, CA 90064

User submissions and conduct

Any material you post publicly to RDB’s social media sites, or other user created content page as it relates to RDB will be accessible to all site users ("Users"). Furthermore, you acknowledge that any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions under your particular state’s and/or country’s laws, including the content of the materials you post on RDB. Further, you agree not to:

Upload, post, or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes;
Harm minors in any way;
Upload, post, or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
Upload, post, or otherwise transmit any material that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
Upload, post, or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
Impersonate another person or entity, including, but not limited to, a member or RDB official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. All this may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices; harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Use the Service in connection with chain letters, junk e-mail, spamming, link spam, or any duplicative or unsolicited messages (commercial or otherwise);
Create a false identity or forged e-mail address or header, or otherwise, attempt to mislead others as to the identity of the sender or the origin of the message;
transmit through the Service any unlawful materials, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks;
attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through password mining or any other means;
interfere with another User’s use and enjoyment of the Service.

RDB reserves the right to terminate any User account, content, or the use of its Services for those who have violated any of the above prohibitions, if applicable.

All Sales final

You agree that all sales of the Book by RDB are final, as are all sales or exchanges of the Book with other Users through the Service. No refunds will be given except at RDB’s sole and absolute discretion. In addition, all Books will be forfeited if your found to be misusing the Book, or attempting to defraud RDB or a restaurant any reason, in RDB’s sole and absolute discretion, or if RDB discontinues providing the Service.

5.1 Refund policy

RDB shall not offer or honor any refunds of the Book purchase price except for in extenuating circumstances. Such circumstances shall include: (i) more than fifty percent (50%) of the restaurants in the Book canceling or otherwise rendering their specific vouchers useless, providing that you have abided by all the terms in this Agreement; or (ii) RDB fails to exist as a company, and the Book has not been used as of the time of refunding.

If there is a problem with the Book upon arrival of shipment, You must immediately try to resolve that with the distributor of the Book, whose contact information will be provided with each shipment of the Book.

Limited rights

Nothing in the Terms affects any legal rights that you are entitled to as a consumer under the CCPA, COPPA, other Federal and State Privacy Laws, the GDPR, and/or EU law, which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Services, you have no right or title in or to anything appearing or originating in the Service, the Book, or any other attributes associated with the use of the Services or stored within the Services.
The Company has the absolute right to manage, regulate, control, modify and/or eliminate such virtual goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
You acknowledge that if the Company believes that any items in your account or order were received in connection with any fraud or other unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account or order.

Site security

We have incorporated all reasonable and commercially available measures to protect our site from unauthorized access.

7.1 System and network security

Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your service use. You are solely responsible for any breaches of security affecting the servers under your control.

Links to other websites

RDB may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course, we do not control and thus are not responsible for the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites. RDB will have no liability to any entity for the content or use of the content available through such hyperlinks.

Representations and warranties

9.1 Disclaimer of warranties

The information and materials on RDB could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

RDB makes no representations or warranties with respect to any digital products, services, information, materials, or graphics on the website, or with the physical appearance of the Book after publication, all of which is provided on a strictly "as is" and “as available” basis, without warranty of any kind. All sales are final, and once the Book has been sold, RDB accepts no liability, nor does it represent or warrant any of the Services of any kind, as expressed herein. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the Company disclaims any warranties: (1) for the security, reliability, timeliness, accuracy, and performance of the sites and the Services; (2) for other services or goods received through or advertised on the Company sites or the sites or Service, or accessed through any links on the site; (3) for viruses or other harmful components in connection with the sites or the Service; or (4) any defamatory content uploaded by Users.

9.2 Indemnity

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity. If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify RDB from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.

9.3 Arbitration. Governing law

ANY DISPUTE, DISAGREEMENT, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY QUESTIONS REGARDING ITS BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY, SHALL BE RESOLVED THROUGH ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE HELD IN ENGLISH AND CONDUCTED IN A MUTUALLY AGREED-UPON LOCATION OR ONLINE BY A SINGLE ARBITRATOR APPOINTED BY THE AAA.

Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@reddiningbook.com. The Dispute Notice must include the nature and basis of the claim or dispute, as well as the specific relief sought. If the parties are unable to resolve the dispute within thirty (30) days of receiving the Dispute Notice, either party may initiate arbitration proceedings.

The arbitration shall be governed by the laws of the State of California, Los Angeles County, and the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and the arbitrator's award may be entered by any court with jurisdiction over the matter.

Each party is responsible for its own arbitration costs and expenses, including filing and legal fees. However, the arbitrator may award reasonable attorney's fees to the prevailing party.

BY AGREEING TO THIS AGREEMENT, BOTH PARTIES ACKNOWLEDGE AND AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL AND ANY PARTICIPATION IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION. THIS ARBITRATION CLAUSE IS BINDING AND ENFORCEABLE AND SHALL REMAIN VALID EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

YOU FURTHER CONSENT THAT THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT REFERENCE TO ITS CONFLICTS OF LAWS PROVISIONS.

For purposes of determining the governing law, you and RDB agree that RDB is the proponent of these Terms. Notwithstanding your and RDB’s agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco, CA, as necessary to protect the party's rights or property pending the completion of arbitration. You and RDB submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Los Angeles, California, U.S.A.

9.4 Severability

These Terms, together with the Privacy Policy constitute the entire agreement between RDB and you with respect to the website and our Service, and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.

Limitation of liability

Under no circumstances are we liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the sites or the Service, whether the damages arise from use or misuse of the site or the Service, from an inability to use the sites or the Service, or the interruption, suspension, modification, alteration, or termination of the sites or the Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our site or the Service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the sites or the Service or any links on the sites. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted, and some of the foregoing limitations may not apply to you.

Force Majeure

If the restaurants listed in the Book must be closed due to a “Force Majeure Event,” the validity period of the book will not be extended. Furthermore, the Company shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of a Force Majeure Event, or series of events.

A Force Majeure Event includes, but may not be limited to, the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; (g) pandemics (including the Covid-19 pandemic), epidemics, official orders or the like; or (g) other causes beyond thereasonable control of the Company, or the restaurants included in the Book, as applicable.

Consequences of violation of terms

We may, without notice to you, suspend your Service or remove any materials transmitted via RDB if it discovers facts that lead it to reasonably believe that our Service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.

You acknowledge that your use of the Service is conditioned upon your compliance with these Terms, and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms but also as an infringement of the Company's copyrights in and to the Service. RDB reserves the right to terminate your access to the Service without notice if you violate these Terms and/or pursue other remedies at law or in equity.

You acknowledge that we may delete your account, or discontinue your access to the Services and the Book for any reason or for no reason at all, and if we do so as provided in these Terms (for example, because you violate our copyright policy), you will lose all privileges to the vouchers contained in the Book, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of Services, and in such event, RDB shall have no obligation to make any refund to you.

Americans with disabilities act compliance

If you need accommodation to use this website and/or are using a screen reader and having accessibility issues, we want to inform you that we made important steps towards making our entire website ADA & WCAG-compliant. Read more about our Accessibility statement.

Please contact us at legal@reddiningbook.com with any questions regarding this Agreement.