Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on 2/11/2009.

This Terms of Use Agreement sets forth the standards of use of the Kiss and Dish, LLC Online Service. By using the kissanddish.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at the kissanddish.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Kiss and Dish, LLC is providing Member with entertainment, blogging and communication services. Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. 

Age of Member

kissanddish.com is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using kissanddish.com, you represent that you are 13 years of age or older.

Member Submissions to the Site

By submitting stories, comments, messages, pictures or other content to this site (collectively, Submissions), Member hereby grants to Kiss and Dish, LLC a non-exclusive, perpetual, worldwide license to edit, reproduce, use, syndicate, license, print, sublicense, distribute and otherwise exhibit the Submissions Member submits, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to Member or any third party.

Member’s Submissions are deemed non-confidential and Kiss and Dish, LLC has no obligation to maintain the confidentiality of any information, in whatever form, contained in any Submission.

Member represents and warrants to Kiss and Dish, LLC that Member has the full legal right, power and authority to grant to Kiss and Dish, LLC the license provided for herein, that Member owns or controls the complete exhibition and other rights to the Submissions Member submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

Members are solely responsible for anything contained in their Submissions. Kiss and Dish, LLC does not verify, endorse or otherwise vouch for the contents of any Submission. Users may be held legally liable for the contents of their Submissions and may be held legally liable if their Submissions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

Member Submissions to this website do not represent the views of Kiss and Dish, LLC or any individual associated with Kiss and Dish, LLC, and we do not control this content. In no event shall Member represent or suggest, directly or indirectly, Kiss and Dish, LLC’s endorsement of Member Submissions. Kiss and Dish, LLC does not vouch for the accuracy or credibility of any Submissions by Members on kissanddish.com, and does not take any responsibility or assume any liability for any actions Member may take as a result of reading Member Submissions. Through use of kissanddish.com, Member may be exposed to content that Member may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using kissanddish.com, Member assumes all associated risks.

Monitoring of Submissions and Account Termination

Kiss and Dish, LLC shall have the right, but not the obligation, to monitor the content of kissanddish.com. Kiss and Dish, LLC shall have the right in its sole discretion to edit, refuse to post or remove any Submissions to kissanddish.com. Kish and Dish, LLC also reserves the right to terminate Member’s account for any reason.

The decision by Kiss and Dish, LLC to monitor and/or modify the content of kissanddish.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Kiss and Dish, LLC in connection with or arising from use by Members of kissanddish.com.

Disclaimer of Warranties

The site is provided by Kiss and Dish, LLC on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Kiss and Dish, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Kiss and Dish, LLC shall have no liability for any interruptions in the use of this Website.  Kiss and Dish, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

KISS AND DISH, LLC SHALL NOT be liable for any damages whatsoever, and in particular Kiss and Dish, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kiss and Dish, LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Kiss and Dish, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Kiss and Dish, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Kiss and Dish, LLC shall not be liable to Member or any third party should Kiss and Dish, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Kiss and Dish, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Ohio.  As such, we are subject to the laws of the State Ohio, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Ohio. 

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Kiss and Dish, LLC, with all rights reserved, or is the property of third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kiss and Dish, LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kiss and Dish, LLC.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kiss and Dish, LLC.com designates the following contact as its agent for receipt of notifications of claimed copyright infringement.

By Email: dishmasters@kissanddish.com

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kiss and Dish, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.