Agreement Between User and Main Dish Media
Welcome to lookcookandeat.com. The lookcookandeat.com website (the “site”) is comprised of various web pages operated by Main Dish Media, LLC (“Main Dish Media,” “Us,” “We,” or similar terms) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the site constitutes your agreement to all such Terms, including any subsequent revisions to such Terms. Please read these terms carefully, and keep a copy of them for your reference. Main Dish Media does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the site only with permission of a parent or guardian.
Visiting the site or sending emails to Main Dish Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to third party sites/third party services
The site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Main Dish Media and Main Dish Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Main Dish Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Main Dish Media of the site or any association with its operators.
While Main Dish Media takes measures to protect the confidentiality and security of your information, it is not possible to give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on our computers and view your information, or the government or other entities with legal authority may require disclosure of your information. By submitting information to Main Dish Media, you agree that you are aware of and accept these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of the Site. You agree that Main Dish Media is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
No unlawful or prohibited use
All content included as part of the Service—such as text, graphics, logos, images, the compilation thereof, and any software used on the Site—including in all cases all intellectual property rights embedded therein, such as copyrights, trademarks, patents, and trade secrets, is the property of Main Dish Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Notice of Infringing Images or Content: DMCA Notice
If you believe in good faith that any photos, images, text, or other content appearing on this website infringes any copyright or other intellectual property right owned by you, please send a notice to: [email protected] or to Main Dish Media, 2717 Ingersoll Ave., Des Moines, Iowa 50312.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
The Service is controlled, operated and administered by Main Dish Media from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Main Dish Media Content accessed through the internet in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAIN DISH MEDIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAIN DISH MEDIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAIN DISH MEDIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Main Dish Media, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
Jurisdiction and Venue
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa and you hereby consent to the exclusive jurisdiction and venue of courts in Iowa in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. In any claim or action directly or indirectly arising under this agreement or related to the Site, each party irrevocably submits to the personal jurisdiction of the Iowa State District Court sitting in Polk County, Iowa or of the United States Court for the Southern District of Iowa. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against Main Dish Media in your individual capacity only, and you will not participate in any collective or so-called “class” action against Main Dish Media.
You may not assign any rights or obligations under this agreement without prior written consent. Main Dish Media may assign all or part of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Main Dish Media as a result of this agreement or use of the Site. Main Dish Media’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Main Dish Media’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Main Dish Media with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree to bring any and all claims involving Main Dish Media within twelve (12) months of the date on which such claim first arises; all claims not brought by you within such time period are waived.
Changes to Terms
Main Dish Media reserves the right, in its sole discretion, to change the Terms under which the site is offered. The most current version of the Terms will supersede all previous versions. Main Dish Media encourages you to periodically review the Terms to stay informed of our updates.
Main Dish Media welcomes your questions or comments regarding the Terms:
Main Dish Media, LLC
2717 Ingersoll Ave.
Des Moines, Iowa 50312
Effective as of October, 2015