WEBSITE TERMS & CONDITIONS OF USE

 

1. Terms

By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

The term “Le Dîner en Noir”, “Dîner en Noir”, “Dîner en Noir Corporate”, "Dîner en Noir Worldwide", “HNC Enterprises, Incorporated” "HNC Holdings", “us”, or “we” refers to the owner/operator of this website and/or company. The term “you” refers to the user or viewer of our website, member, registered guest, or event attendee.

 

2. Use License

Everything located on or in this website is the exclusive property of Dîner en Noir Worldwide and its parent company HNC Enterprises, Incorporated or used with the express permission of the copyright or trademark owner.  Any copying, distributing, transmitting, posting, linking, or otherwise modifying of this website without the express written consent from Dîner en Noir Corporate is prohibited.   Permission is granted to temporarily download one copy of the materials (information or software) on Diner en Noir web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

1.       modify or copy the materials;

2.       use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

3.       attempt to decompile or reverse engineer any software contained on Diner en Noir’s web site;

4.       remove any copyright or other proprietary notations from the materials; or

5.       transfer the materials to another person or "mirror" the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Diner en Noir at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

The materials on Dîner en Noir's web site are provided "as is". Neither we nor any third parties provide any warranties, expressed or implied, or guarantees and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Dîner en Noir does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

4. Limitations

In no event shall Dîner en Noir or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Dîner en Noir Internet site, even if Dîner en Noir or a Dîner en Noir authorized representative has been notified orally or in writing of the possibility of such damage. Your use of any information or materials on this website 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 website meet your specific requirements.

 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

5. Revisions and Errata

The materials appearing on Dîner en Noir’s web site could include technical, typographical, or photographic errors. Dîner en Noir does not warrant that any of the materials on its web site are accurate, complete, or current. Dîner en Noir may make changes to the materials contained on its web site at any time without notice. Dîner en Noir does not, however, make any commitment to update the materials.

 

6. Links

Dîner en Noir has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Dîner en Noir of the site. Use of any such linked web site is at the user's own risk.

 

7. Site Terms of Use Modifications

Dîner en Noir may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

 

8. Derogatory/Negative Statements & Defamation (Libel and Slander) Clause 

Dîner en Noir Worldwide is a global organization that licenses the use of its trademark, name, logos, & brand to local organizers.  No one event, or one local Host-Organizer defines the over-all intended experience, brand or mission of Dîner en Noir Worldwide, which has prevue over all Dîner en Noir events. Any derogatory/negative statements, defamation, negative media, press, social media postings, etc. may not only be extremely harmful to any future Host-Organizer wishing to host a #DEN Event in that same city, but they could also be detrimental to the local non-profit arts programing, business/economic development, health & wellness education/delivery organizations that benefit financially from our events.  Therefore, it is extremely important that we protect our intellectual properties vigorously. 

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As a condition of membership, partnership, sponsorship, vending, volunteering, attendance, any business in connection with a Dîner en Noir event or the Dîner en Noir Worldwide corporate office, use of this site, contacting us via Dîner en Noir Contact Page,  purchasing a membership, registering and/or attending said Dîner en Noir event you, your agents, employees, officers, or anyone connected to said business with Dîner en Noir agree to the following:

• That at no time, directly or indirectly, in public or private, in any manner or in any medium whatsoever especially on any public forums, blogs and/or social media platforms, will you deprecate, impugn or otherwise make any comments, writings, remarks or other expressions that would or could be construed as derogatory/negative, defamatory (libel and/or slander) or could result in tortious interference with the business of Dîner en Noir Worldwide, its events, local organizers, its current or former officers, directors, employees, attorneys, agents, contracting parties, its business or operations. Nor shall you assist any other person, firm or company in so doing.

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For the sake of this clause, Derogatory/Negative Statements & Defamation (Libel &/or Slander) occurs and are expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical and/or verbal form that is injurious to a person’s or company’s reputation, exposes a person/company to public hatred, contempt, or ridicule, or injures a person/company in his/her/its business or profession.

 

Tortious Interference occurs when one person intentionally or unintentionally damages a company’s contractual or business relationships with a third party (i.e. current/potential members, partners, sponsors, organizers, employees, etc.) causing economic harm (i.e. posting negative statements regarding lack of response to from #DEN which may deter others from purchasing a membership).

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In cases of breach of this Derogatory/Negative Statements & Defamation Clause an immediate termination of membership, rejection and/or ejection from an event, and forfeiture of membership, all event registration-related costs, and a ban on future membership and/or attending any future Dîner en Noir events may occur. In cases where business entities are in breach, an immediate cease of all business-related activities, and termination of any contractual obligations, to include any outstanding payments due, and products and/or services due to be delivered.  Also, in cases of a breach and/or attempted Tortious/Intentional Interference, you agree to be held accountable and may be required, with or without warning, to pay Dîner en Noir Worldwide/HNC Enterprises, Incorporated, ten thousand dollars ($10,000) USD for each action in breach. Please Note:  Members, Partners, Sponsors, Vendors are responsible for the actions of their staff and guest(s). 

 

9. Governing Law

Any claim relating to Dîner en Noir ‘s website, business, or operations shall be governed by the laws of Washington, District of Columbia and the federal laws of the United States applicable therein, without giving effect to any choice or conflict of law provision or rule. The user irrevocably submits to the exclusive jurisdiction and venue of the courts located in the Washington, District of Columbia in any legal suit, action, or proceeding arising out of the use of Dîner en Noir ‘s website, business, operations, or the services and/or products provided.

 

 

 

POLICIES

 

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

 

When do we collect information?

We collect information from you when you place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site or provide us with feedback on our products or services 

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.

      • To improve our website in order to better serve you.

      • To allow us to better service you in responding to your customer service requests.

      • To administer a contest, promotion, survey or other site feature.

      • To quickly process your transactions.

      • To ask for ratings and reviews of services or products

      • To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

 

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

 

All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use 'cookies'?

We do not use cookies for tracking purposes

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browsers are a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

 

If you turn cookies off, some of the features that make your site experience more efficient may not function properly that make your site experience more efficient and may not function properly.

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

 

Third-party links

We do not include or offer third-party products or services on our website, however, we may list links and suggest a third-party retail outlet for products or services.

 

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en 

We have not enabled Google AdSense on our site but we may do so in the future.

 

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our homepage or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

      • On our Privacy Policy Page

Can change your personal information:

      • By logging in to your account

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

 

Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?

We do not specifically market to children under the age of 13 years old.

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

      • Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

      • Send information, respond to inquiries, and/or other requests or questions

      • Process orders and to send information and updates pertaining to orders.

      • Send you additional information related to your product and/or service

      • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

      • Not use false or misleading subjects or email addresses.

      • Identify the message as an advertisement in some reasonable way.

      • Include the physical address of our business or site headquarters.

      • Monitor third-party email marketing services for compliance, if one is used.

      • Honor opt-out/unsubscribe requests quickly.

      • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

      • Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

 

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MEMBERSHIP POLICY

An active #DEN Membership is required to register and attend all Dîner en Noir events.  Membership benefits become active and available immediately once the subscription membership payment is processed.  Verification of membership benefits can be made by the member by logging into the Member Account & clicking on the Subscription tab (See First-Timer's Guide).  Each city-specific membership plan allows for event registration and attendance for that specific city/event. Purchasing a Membership IS NOT a registration of an event and does not guarantee the member registration for an event.  Event registrations are on a first-come, first-serve basis and the member must register to attend the event.

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For cities where specific #DEN Membership Plans has not been announced, our general #DEN - Membership may be selected. Once that city is announced, the member will have up to 14 days to contact us via our Customer Service Chat to have their #DEN Membership switched to that city.  Failure to do so within the required deadline will result in a required purchase of a new membership. Please note: if a price differential exists between the two memberships, a switch CANNOT be made.

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Membership plans must be renewed each calendar year and is valid from the time of purchase until December 31, of the same year, regardless of the expiration date of the paid plan. Exceptions to this rule will occur if there was no #DEN event for the city during the year of purchase.

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Membership Plans CAN NOT be transferred or reassigned.  If you've purchased two memberships for the same city under different email addresses, we, unfortunately, can't assist with you rectifying the issue and any money spent is forfeited. 

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Purchase of Membership:  Payment of Membership plans can be processed by the customer or Dîner en Noir/HNC Enterprises, Inc.  Only one membership per city may be assigned to a Member Account at any time.  Should the member complete a Member Profile, but not the Membership Payment, we may process payment for the Membership Plan and/or Event Registration (when applicable) with the card on file and in accordance with the selection on the Member Profile.  PLEASE NOTE: Membership & event registration payments ARE NOT eligible for refund due to termination of membership in accordance with our Refund Policy.

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Termination of Membership: An immediate termination of membership, rejection and/or ejection from an event, forfeiture of membership benefits, any and all event/membership-related costs, a ban on future membership, and/or a ban on attending any future Dîner en Noir event may occur if the member is found to be in breach of Dîner en Noir’s Website Terms, Conditions of Use, and Policies (TC&P), violates any rules, or any of the below:

• misrepresentation of age or info submitted to Dîner en Noir

• found to have shared the confidential event, website, registration, access codes, location or any relevant, patron personal/confidential information

• are rude, disrespectful, harassing or threatening to our guests, staff members or event partners, either in person, via phone, chat, or email

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Cancellation of Recurring Charges:  In cases where membership/subscription is charged on a recurring basis, the following terms apply:

1. Cancellation Procedure: To cancel recurring charges, the member is required to request the termination of membership via Customer Service Chat.

2. Cancellation Responsibility: It is the member's responsibility to initiate the cancellation process by signing into their member account and submit termination request via the Customer Service Chat.

3. Cancellation Confirmation: Upon receiving a cancellation request via Customer Service Chat, the member will receive confirmation of the termination of recurring charges.

4. No Refunds for Past Charges: Cancelling recurring charges does not entitle the member to a refund for past charges already incurred prior to the cancellation request.  See Refund Policy.

5. Termination Date: The termination of recurring charges will be effective from the date of confirmation received via Customer Service Chat.

6. Further Assistance: If the member requires further assistance or clarification regarding the cancellation process, they may contact Customer Service Chat for support.

7. Continued Billing until Cancellation: Until the cancellation request is received and confirmed via Customer Service Chat, recurring charges will continue to be billed according to the membership agreement.

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Dîner en Noir membership may be terminated at the discretion of a staff member with or without notice or cause at any time.  

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Please Note:  Members, Partners, Volunteers, Sponsors, etc. are responsible for the actions of their guest(s).

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Please refer to our Refund Policy below for all refund questions.

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PARTNERING SPONSORSHIP POLICY

See Partnering Sponsorship Policy (CLICK HERE to download).

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EVENT POSTPONEMENT POLICY

Rarely do we postpone/reschedule an event. However, there are times that we, as event producers, will deem it best (i.e. weather, Washington, DC security alerts, etc) or simply due to circumstances beyond our control and we have no other choice.

With this being said, if we postpone/reschedule an event, we will, of course, honor your registration at the next rescheduled/event date.  If you cannot make the rescheduled/next event date, please follow our NO SHOW POLICY above. 

 
PLEASE NOTE:  Registration pricing MUST be equal to that of the POSTPONED Event.  For example:  If your registration cost for the first (postponed) event was $100.00 and the next event’s registration cost is more than the $100.00, you CANNOT use the postponed event registration and may be charged the difference.

 

When purchasing a ticket/registering for an event, you agree that if a chargeback is initiated due to a postponed event or for any reason whatsoever, you the registrant, will be responsible for the chargeback fee as stated our Chargeback Policy and will also be required to repay, should your membership still be active, to attend the postponed event.

 

PLEASE NOTE: Postponed events are NOT canceled events.  However, given the high level of logistical planning of such an intricate event and the fact that Standard Dîner en Noir events are annual, a new event date may not be finalized and announced for an unspecified time from the postponement notice. 

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In cases of Force Majeure, Dîner en Noir /HNC Enterprises, Inc. shall not be liable, and you agree not to hold Dîner en Noir /HNC Enterprises, Inc. responsible for any delay or failure in performance (i.e. delivery of any services or products) to the extent such delay or failure is caused by severe or unexpected weather, fire, flood, explosion, war, plague/virus outbreak/pandemic, embargo, government requirement (i.e. shutdown), civil or military authority, act of God, or other similar causes beyond our control. If a foreseeable delay of performance occurs due to such cause, you will be notified in writing as soon as possible.  If the performance is delayed for a period exceeding thirty (30) days from the date that notice is received, any obligations by Dîner en Noir /HNC Enterprises, Inc will be terminated, including the delivery of any services not rendered or products not received, without liability. As such, and in accordance with these Terms, Conduction of Use & Policies, any delay or failure in performance IS NOT eligible for a refund.

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REFUND POLICY

We maintain a NO REFUND/ALL SALES FINAL Policy.

 

Unfortunately, due to the nature of our community fundraising events, the approval and clearance process and donation/payment deadlines, as well as stated on the Member Sign-Up Form, event page, throughout our website, at the Point-of-Sale, and in your confirmation email, Dîner en Noir's membership, event registration, and product sales are final and we are unable to offer refunds for any reason, whatsoever. 

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Registrations/tickets MAY be transferred if:

• the transferee is a current eligible member with Member Benefits for that same city as the registration.

• an EXTRA membership is purchased under the SAME email address for the same city, we MAY allow you to gift/transfer the membership

• the registration current cost is the same as it was when the registration was initially purchased. PLEASE NOTE: We CANNOT charge an adjusted amount or for the price differential.

 

Simply CONTACT US with the email address associated with the extra memberships or ticket and the updated member information and well switch ownership. 

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Please NOTE:  All Membership Transfers must be completed within 14 days of purchase AND all Event Registration Transfers must be completed 14 days prior to the event date. 

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CHARGEBACK POLICY

By making a payment for products or services, and to curtail and mitigate Chargeback Fraud & Friendly Fraud, you agree to take full personal responsibility for said payment(s) and agree not to dispute or chargeback said payment(s) for any reason whatsoever.  

 

DISPUTE FEE

In the event the CARDHOLDER, AUTHORIZED USER, ACCOUNT HOLDER or FINANCIAL INSTITUTION rejects or disputes the charge, or a chargeback occurs for any reason, Dîner en Noir/HNC Enterprises, Incorporated may charge the Member's credit card on file a DISPUTE FEE which includes the total amount of the original disputed charge (Principle) + any fees, a $25 per transaction fee, and a 4.5% processing fee.  If there is no credit card on file, a Dispute Invoice will be generated and the member will be required to pay the Dispute Invoice, AS WELL AS confirmation notification of cancellation/withdrawal of the dispute/chargeback must be received within 48 hours of notice/receipt.  If a credit card is not on file, a Dispute Fee Invoice will be generated, and the cardholder will be required to pay the invoice within 48 hours of notice/receipt to avoid a Chargeback Fee.

 

CHARGEBACK FEE

Should a dispute result from the abovementioned Dispute Fee occur or confirmation notification of cancellation/withdrawal of the dispute/chargeback is not received within the allotted 48 hours,  Dîner en Noir/HNC Enterprises, Incorporated may charge the card on file a CHARGEBACK FEE which includes 250% of the full original disputed/charged-back Dispute Fee amount + any fees, the original paid/disputed amount (Principle), and a 4.5% processing fee. If a credit card is not on file, a Chargeback Fee Invoice will be generated, and the cardholder will be required to pay the invoice within 48 hours of notice/receipt OR contact us to make payment arrangements.

Should a chargeback, dispute or financial institution rejection happen for any reason, or in cases of intentional violation of the above Chargeback Policy (also known as Chargeback or Friendly Fraud), the immediate termination of membership, rejection and/or ejection from an event, and forfeiture of membership and all event registration-related costs and a ban on future membership and/or attending any future Dîner en Noir events may occur.  Should Dîner en Noir pursue available legal remedies, including seeking monetary damages, injunctive relief, the customer/member shall be responsible for all attorney fees, court costs & collection costs.

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ATTORNEY FEES, COURT COSTS & COLLECTIONS COSTS

In the event that any suit or action is instituted to enforce any provisions of these Terms, Conditions of Use and Policies, Diner en Noir/HNC Enterprises, Inc., shall be entitled to recover all fees, costs, and expenses of enforcing any Terms, Conditions of Use and Policies, including without limitation, all fees and expenses of attorneys and accountants, court costs, collection costs and expenses of appeals.

 

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CONTACTING US

If there are any questions regarding these policies, you may contact our corporate office us using the information below:

 

Dîner en Noir Worldwide is a subsidiary of 

HNC Enterprises, Incorporated

info@hncent-inc.com

202-417-7033