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Terms of Use | dishinoutBeauty

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Terms of Use

Terms of Use
Last Updated: June 2011,

The following terms and conditions constitute an agreement between you and Dishinoutbeauty, LLC (“Dishinoutbeauty,” “we” or “us”), a Delaware limited liability company and the operator of www.dishinoutbeauty.com (the “Site”). This agreement (the “Terms of Use”) governs your use of the Site, both as a casual visitor and as a registered user.

BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of New York any dispute that you may have with us or the Site. Please note that we offer the Site “AS IS” and without warranties.

1. Changes to the Terms of Use.

We may change the Terms of Use at any time, as we reasonably deem appropriate. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the modified document for your review. Your continued use of the Site following such posting or notification shall constitute your affirmative acknowledgement of the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following such posting or notification of any modifications hereto, then you agree not to use the Site.

2. The Site and Services.

Our Site is designed to inspire users to look and feel their best and may provide users with access to and/or allow users to provide food and beauty related information, advice and other such content (the “Services”). Some of our Services are accessible without registering with us, but to actively engage with the Site and Services, you must register as a Dishinoutbeauty member.

3. Changes to the Services.

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms of Use. You agree that Dishinoutbeauty will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

4. Registration and Personal Information.

As part of the registration process, you will create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing the Site and Services that are only available to our members. You are responsible for keeping your Credentials confidential and for notifying us if your password has been hacked or stolen. You may notify us by clicking here. In order to register with us, you will be required to provide certain personal information about yourself. The Dishinoutbeauty Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

5. Your Responsibilities.

You are responsible for all use of the Site and/or Services in connection with of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;

remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
reformat or frame any portion of the web pages that are part of the Site and/or the Services;

create user accounts by automated means or under false or fraudulent pretenses; or

collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

6. Links to Other Sites.

The Site and communications transmitted via the Services may feature advertisements and contain links to other websites (“Third Party Sites”). Any links to a Third Party Site are provided solely for your convenience. Dishinoutbeauty does not endorse, sanction or verify the accuracy or ownership of the information contained in advertisements on the Site, the content of any Third Party Site or any products or services advertised on a Third Party Site. If you decide to click on an advertisement or link to a Third Party Site or otherwise navigate to a Third Party Site, you do so at your own risk. Once you access a Third Party Site, you may no longer be protected by these Terms of Use and may be subject to other terms and conditions of such Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Dishinoutbeauty bears no responsibility for any action associated with any Third Party Site. Moreover, Dishinoutbeauty does not imply an affiliation with any Third Party Site.

7. Additional Terms.

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement the Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

8. Content You Post or Submit.

As part of the Services, we may offer you the opportunity to upload, submit, post, publish, communicate, display, distribute or otherwise transmit text, images and/or audiovisual content (“Posted Content”). By accepting or allowing you to provide Posted Content to the Site, Dishinoutbeauty is not obligated to publish, display, transmit or otherwise make your Posted Content available to the public, and we reserve the right not to do so, as well as to remove any Posted Content from the Site in our sole discretion. We are not, however, responsible for any failure or delay in removing Posted Content. Keep in mind that the Posted Content of other users is simply opinion and should not be relied on. In addition:

You are solely responsible for your Posted Content;

You may not post, submit, distribute, transmit or reproduce any Posted Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any third party;

You may not provide any Posted Content that falsely expresses or implies that such Posted Content is sponsored or endorsed by Dishinoutbeauty;

You may not provide any Posted Content that harasses or advocates harassment of a third party, is threatening, obscene, defamatory, libelous or is otherwise unlawful or promotes or encourages illegal activity;

You may provide Posted Content as a means of transmitting unsolicited mass mailings or “spamming;”

Your Posted Content may not be pornographic, sexually explicit, feature graphic nudity or promote the sale of alcohol, tobacco, ammunition and/or firearms-related products;

You understand and agree that Dishinoutbeauty may delete any Posted Content that in our sole judgment violates these Terms of Use or is otherwise offensive, illegal violates the rights of, harms or threatens the safety of a third party;

You represent and warrant that you are in no way affiliated with any company that manufactures, sells or distributes a product or service being reviewed in your Posted Content or any company whose products or services compete with the product or service featured in your Posted Content;

You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information; and

By submitting Posted Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Dishinoutbeauty, its contractors and the other users of the Site and Services a non-exclusive, irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of or incorporate into other works, such Posted Content.

Dishinoutbeauty reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending Posted Content or communication from the Services and terminating the membership of or blocking access to the Services and/or the Site by such violators.

9. Feedback and Comments.

Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) that you submit to Dishinoutbeauty shall become the property of Dishinoutbeauty or its designee. Dishinoutbeauty will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, Service, Site, business or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services or operations. Without limitation, Dishinoutbeauty will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person submitting the Feedback. You acknowledge that you are responsible for any and all content or material you submit, including but not limited to Feedback, and you, not Dishinoutbeauty, have full responsibility for your Feedback, including its legality, reliability, appropriateness, originality and intellectual property rights.

10. Copyright Dispute Policy.

Dishinoutbeauty has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (the “Copyright Dispute Policy”).
Dishinoutbeauty will (a) block access to or remove content and material from the Site and Services that it believes in good faith to infringe the copyright of a third party; and (b) deactivate the accounts of and discontinue Service to users who repeatedly infringe on others’ copyrights on or through the Site and/or Services.

If you believe that material or content residing the Site or accessible via the Services infringes a copyright, please send a notice of copyright infringement containing the following information to our Designated Agent at the address listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Dishinoutbeauty is capable of finding and verifying its existence;

Your contact information, including mailing address, telephone number and, if available, email address;

A statement that you have a good faith belief the material is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

We will notify you in the event any of your Posted Content is removed pursuant to our Copyright Dispute Policy. Upon such notification, if you believe that your Posted Content is not infringing and should not have been removed, you may send a counter-notice containing the following information to our Designated Agent:

Your physical or electronic signature;

Identification of your Posted Content that has been removed and the location at which the Posted Content appeared before it was removed or disabled;

A statement that the you have a good faith belief that the Posted Content was removed as a result of mistake or a misidentification; and

Your name, mailing address, telephone number, and, if available, email address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you reside, or if you reside outside the United States, to that of any judicial district in which Dishinoutbeauty is located, and that you will accept service of process from the party alleging infringement.

Please contact Dishinoutbeauty’s Designated Agent to Receive Notification of Claimed Infringement at the following address: info@dishinoutbeauty.com.

11. Our Intellectual Property.

Except for Posted Content, all of the content available on or through the Site and/or Services, including without limitation, text, photographs, graphics and audiovisual content, is owned by us, our licensors or business partners and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Site, Services and any underlying technology or software used in connection with the Site and Services contain Dishinoutbeauty’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting you to access to the Site or use the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, Dishinoutbeauty and its content suppliers do not grant you any express or implied rights of any kind whatsoever, and all rights in the Site and the Services not expressly granted by Dishinoutbeauty to you are retained by Dishinoutbeauty.

12. SMS Services.

As part of the Services, we may offer you the opportunity to receive Dishinoutbeauty content in the form of short message services (“SMS”) on/via your mobile or cellular telephone (“SMS Services”). Your service provider’s standard rates will apply to any and all of our SMS Services and all charges in connection therewith will appear on your cellular or mobile phone bill. Dishinoutbeauty shall not be liable for any delays or interruptions in the SMS Services of any kind whatsoever. Additional terms and conditions may apply to SMS Services and supplement the Terms of Use. If you choose to register for or access any SMS Services, you will be presented with any relevant additional terms and conditions at that time.

13. Contests and Sweepstakes.

Promotions, offers, contests, surveys, sweepstakes and other such programs sponsored by Dishinoutbeauty, our advertisers, and/or other strategic partners may be available on the Site (“Promotions”). Any information provided in connection with Promotions shall be subject to our HYPERLINK “http://www.expotv.com/legal/privacy_policy”Privacy Policy [hyperlink Privacy Policy]. Unless otherwise indicated by Dishinoutbeauty, all Promotions are subject to cancellation or change at any time in our sole discretion. Employees of Dishinoutbeauty (and members of their immediate family and/or those living in the same household) are not eligible for Promotions. All federal, state and local taxes for any reward or incentive received as the result of any Promotion are the sole responsibility of the winning user. Promotions are void where prohibited by law. Additional restrictions may apply, please see the official rules and conditions of each specific Promotion before participating.

14. Disclaimer of Warranties.

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DISHINOUTBEAUTY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. DISHINOUTBEAUTY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

15. Liability Limitations.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

16. Termination.

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use, Privacy Policy or any other policy or terms posted on the Site by you or by someone using your Credentials. Dishinoutbeauty shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. You may terminate your Dishinoutbeauty account at any time by contacting us at: [hyperlink customer service email address]. Sections 4, 5, 8, 9, 10, 11, 14, 15, 17, 20 and 21 and shall survive any termination or expiration of the Terms of Use.

17. Indemnification.

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. Electronic Contracting and Notice.

Your affirmative act of using this Site or the Services and/or registering for the Site constitutes your electronic signature to the Terms of Use and your consent to enter into agreements with us electronically.

19. Entire Agreement.

The Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the HYPERLINK “http://www.healthleap.com/legal” \l “privacy”Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Dishinoutbeauty to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

20. Choice of Law and Dispute Resolution.

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the State’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to the Terms of Use, your use of the Site or Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in New York County in the State of New York pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

21. Assignment.

We may assign this agreement at any time to any parent, subsidiary or any affiliated company or as part of the sale to, merger with or other transfer of Dishinoutbeauty to another entity. You may not assign, transfer or sublicense the Terms of Use to anyone else and any attempt to do so shall be null and void.

22. Eligibility.

You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. Any use of the Site or Services outside of the United States is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Services or the Site.

Copyright © 2011 dishinoutBEAUTY, LLC. All rights reserved.


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