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Terms of Use
1. Acceptance of Terms.
Dishitout.com (the "Site"), is owned and operated by Dish It Out, LLC. ("Owner")
for your own personal use and information. However, please remember that your access
to the Site is subject to the following terms, conditions, and notices (the "Terms")
as well as all applicable laws. By accessing and using the Site, you accept the
Terms without limitation or qualification. Owner may at any time revise these Terms
by updating this posting. You are bound by such revisions and should therefore visit
this page to review the current Terms from time to time. Owner reserves the right,
without notice and for any reason, to remove any content on this site, and to deny
access of any user or users to all or any part of this site. Your continued use
of this Site constitutes your binding acceptance of the Terms.
2. Membership and Account Responsibility.
Membership on the Site is available to anyone of legal age who truthfully and accurately
provides all required information and obtains a unique username and password.
You must be a member in order to post messages in the community forum.
You are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. Furthermore, you are
strongly advised to maintain and protect your privacy by choosing carefully what
personally identifiable information you include in any message, information, data,
text, software or graphic files, or other materials (collectively referred to herein
as "Content") that you post on the Site. You agree to immediately notify the Owner
of any unauthorized use of your password or account.
We might utilize email to communicate with our users about service-related matters.
In addition, if you utilize a third-party service provided through the Site, that
third party may need to email you regarding their service. We may also contact you
via email to notify you about special offers available to Site members. By becoming
a Site member you are consenting to the receipt of these communications.
The Site is an advertising supported Internet site. By becoming a Site member you
consent to having your Content co-mingled with advertisements that appear on the
Site or are incorporated into the services we might otherwise provide.
Any and all information collected by you during the registration process and certain
other information about you is subject to our Privacy Policy, the terms of which
are incorporated herein by this reference. Nevertheless, please be advised that
Owner is committed to your privacy--any information you do submit to the Owner during
the registration process is treated as confidential and is not sold or otherwise
disclosed to third parties, unless otherwise required by law. However, you acknowledge,
consent and agree that the Owner may access, preserve and disclose your personal
information if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (i) comply with legal process;
(ii) enforce these terms; (iii) respond to claims that any Content violates the
rights of third parties; (iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of the Owners, the Users of
the Site, and the public.
3. Member Conduct and Posting Content.
You expressly agree and covenant to use the Site solely for their intended purposes
(as determined by the Owner) in accordance with applicable laws and for no other
reason whatsoever; as such, you shall not use the Site in any manner that interferes
with our normal operations or with the use and enjoyment of another user. You are
solely responsible for all Content that you post on or transmit through the Site.
Moreover, you hereby expressly agree to not use the Site to:
(a) transmit any message, information, data, text, software or graphic files, or
other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or
otherwise objectionable;
(b) impersonate any person or entity, including Content in which you falsely claim
to be a Site moderator or other official;
(c) post any Content that be invasive of another's right of privacy or publicity
or discloses or contains any personally identifying information beyond a first name
about any person;
(d) post Pornographic, sexually explicit or obscene Content;
(e) post Content that exploits children or minors;
(f) post Content that may be deemed grossly offensive to the Site community, including,
but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or
profanity;
(g) post Content promoting or providing instructional information about illegal
or illicit activities
(h) post or transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships;
(i) post or transmit any Content that contains viruses, corrupted files, or any
similar element;
(j) delete any author attributions, legal notices or proprietary designations or
labels that you upload to an your personalized website;
(k) use any of the Site in a manner that adversely affects the availability of its
resources to other members;
(l) post or transmit any unsolicited advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(m) intentionally or unintentionally violate any applicable local, state, national
or international law, rule or regulation; and/or
(n) upload or transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party.
We examine the Content on the Site on a regular basis and we maintain the absolute
right (though not the obligation) to remove any Content that does not meet the standards
listed above or that is otherwise objectionable at our sole discretion. Nonetheless,
you understand that by using the Site, you may be exposed to Content that you find
offensive or objectionable. We are not responsible for the loss, deletion, failure
to store, misdelivery, or untimely delivery of any Content submitted to or transmitted
through the Site.
Furthermore, recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
4. Indemnity.
You agree to indemnify, defend and hold the Owner and its subsidiaries and affiliates
and each of their respective, officers, directors, agents, employees, members, partners,
shareholders and licensors harmless from and against any all liabilities, losses,
claims or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or otherwise make available
through the Site, your use of the Site, your connection to the Site, your violation
of the these, or your violation of any rights of another. You also agree to take
sole responsibility for any royalties, fees or other monies owed to any person by
reason of any Content you post or transmit through the Site or the services we provide.
5. Grant of License.
When you post or transmit Content on or through the Site you grant the Site and
the Owner and their affiliates and partners a nonexclusive, perpetual, irrevocable,
worldwide, sub licensable, royalty-free license to use, store, display, publish,
transmit, transfer, distribute, reproduce, aggregate your Content with other Content,
create derivative works of and publicly perform that Content for any purpose on
and through each of the services provided by the Site or on other sites owned by
the Owner or its affiliates or partners. This license shall apply to the distribution
and the storage of your Content in any form, medium, or technology now known or
later developed.
6. Reservation of Rights.
The Owner reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without notice.
You agree that the Owner shall not be liable to you or to any third party for any
modification, suspension or discontinuance of all or any part of the Site. Furthermore,
we reserve the right to do any of the following any time, with or without prior
notice:
(a) restrict, suspend, or terminate your access to all or any part of our services
if you fail to abide by these Terms;
(b) refuse, move, or remove any Content ;
(c) refuse to register any user name that may be deemed offensive; and
(d) establish general practices, fees and policies concerning the Site and the services
we provide.
7. Links.
The Site may provide links to other World Wide Web sites or resources. Inclusion
of these links on our Site does not constitute our endorsement of the materials
on those third party sites and does not signify any association with the owners
or operators of those third party sites and services. Since the Owner has no control
over such sites and resources, you acknowledge and agree that the Owner is not responsible
for the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge and agree
that the Owner shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any such
site or resource.
8. Owner’s Proprietary Rights.
You acknowledge and agree that the Site and any necessary software used in connection
with the Site ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements (if any) or information
presented to you through the Site or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by the Owner, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Site or the Software, in
whole or in part.
9. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTENT POSTED ON THE SITE IS TRUE AND/OR
ACCURATE; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (iii) AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10. Limitation of Liability.
THE OWNER MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE AVAILABILITY,
ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION CONTAINED OR POSTED ON THE
SITE. THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR
ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION,
ANY DAMAGES OR INJURY ARISING FROM ANY LINKS TO OTHER SITES CONTAINED WITHIN OR
REFERRED TO IN THIS SITE. MOREOVER, THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES
OR INJURY RESULTING FROM ANY CONTENT POSTED BY USERS ON THE SITE.
FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OWNER AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE; (ii)
ANY STATEMENTS, MESSAGES, POSTINGS, OR CONTENT MADE BY ANY THIRD PARTY; OR (iii)
THE CONDUCT OF ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
11. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there shall
be no third-party beneficiaries to this agreement.
12. Notices.
The Owner may provide you with notices, including those regarding changes to these
Terms, by email, regular mail or postings on the Website.
13. Entire Agreement.
These Terms constitutes the entire agreement between you and the Owner and governs
your use of the Site.
14. Choice of Law and Forum.
These terms and the relationship between you and the Owner shall be governed by
the laws of the State of California without regard to its conflict of law provisions.
You and the Owner agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Los Angeles, California.
15. Waiver and Severability of Terms.
The failure of the Owner to exercise or enforce any right or provision of these
terms shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
16. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or these Terms must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
17. Section Titles For Convenience Only.
The section titles in the Terms are for convenience only and have no legal or contractual
effect.
18. Reporting Content Violations.
If you believe that any Content shown on or transmitted through the Site violates
these Terms or your copyright you can report
such
violation here. In the case of a copyright violation please provide the
following information:
(a) a description of the copyrighted work or other intellectual property that you
claim has been infringed;
(b) a description of where the material that you claim is infringing is located
on the site (including the exact URL);
(c) an address, a telephone number, and an e-mail address where we can contact you
and, if different, an e-mail address where the alleged infringing party can contact
you;
(d) a statement that you have a good-faith belief that the use is not authorized
by the copyright or other intellectual property rights owner, by its agent, or by
law;
(e) a statement by you under penalty of perjury that the information in your notice
is accurate and that you are the copyright or intellectual property owner or are
authorized to act on the owner's behalf;
(f) your electronic or physical signature. It is often difficult to determine if
your intellectual property rights have been violated. We may request additional
information before we remove allegedly infringing material. If a dispute develops
as to the correct owner of the rights in question, we reserve the right to remove
both parties Content.
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