Dish Freely (Grande Labs, Inc.)

By using the Sites, Apps, Services and related Content offered by Grande Labs, Inc. in any manner, including but not limited to visiting or browsing the Sites and downloading, installing, and using the Apps, you agree to be bound by this agreement. If you are entering into this agreement on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to the terms of this agreement. This agreement applies to all users of the sites or service, including users who are also contributors of content, information, and other materials or services on the sites. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites and Apps by Grande Labs, Inc. In addition, some services offered through the Service may be subject to additional terms and conditions provided by Grande Labs, Inc. from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Grande Labs, Inc.'s current privacy statement (the "Privacy Policy") is located at http://www.grandelabs.com/privacy.html and http://www.dishfreely.com/privacy and is incorporated into these Terms of Service. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact legal@grandelabs.com.

This Service Does Not Provide Medical Advice. All of the material provided on the Apps and Sites, such as text, names, descriptions, reviews, ratings, tips, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Apps and Sites are for informational purposes only and are not a substitute for professional health or medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Grande Labs, Inc. does not recommend or endorse any specific dietary needs, items, products, procedures, opinions, ratings, suggestions or other information that may be mentioned on the Apps and Sites. Reliance on any information provided by Grande Labs, Inc., by persons or third party content providers appearing on the Apps and Sites, including by not limited to Dish Freely and PasteAPI, at the invitation of Grande Labs, Inc., or by other members is solely at your own risk.

All content should be used at your own risk and may not be factual or accurate. Because Grande Labs, Inc. and its Apps and Sites includes User Generated Content, Third Party Content and links to Third Party Content, Grande Labs, Inc. makes no claim of accuracy of any User Generated Content or Third Party Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. User Content and Third Party Content do not represent the advice, views, opinions or beliefs of Grande Labs, Inc. All Content is the sole responsibility of the person who generated that content. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.

The Services may include or contain links to third-party content, websites, or resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of such websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Grande Labs, Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Some content may be offensive, inappropriate, or obscene. By accessing the Service, encountering User Generated Content or following links to third-party websites you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While Grande Labs, Inc. does not endorse and reserves the right to remove such Content, you acknowledge and agree that Grande Labs, Inc. cannot be responsible for such Content and that you nonetheless may be exposed to such materials.

Locations services and content are powered by Foursquare and other third-party services. Some of Grande Labs Inc.'s Apps and Sites use location, mapping, social, check-in, authentication, and content features of other third-party companies. Most notably the services and content of Foursquare Labs Inc. are included, the use of which is also governed by the terms of use located at https://foursquare.com/legal/terms (or such other URL as may be updated by Foursquare Labs, Inc.).

Content may be stored, modified, or transmitted by third party partners. Grande Labs, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Grande Labs is not responsible for third-party fees associated with accessing the Service. The Apps and Sites provided by Grande Labs, Inc. include certain services that are available via your Internet connection, personal computing devices, and/or mobile phone. You are responsible for any fees charged by your service providers for using the Service, including but not limited to SMS messages and data sent to and received from the Apps and Sites.

As a condition to using certain aspects of the Service, you will be required to register with Grande Labs, Inc. and its services and select a password and screen name for one or more of its services ("Grande Labs, Inc. User IDs"), including but not limited to Dish Freely and the PasteAPI. You shall provide Grande Labs, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your account for the Sites, Apps, and Service. You shall not (i) select or use for Grande Labs, Inc. User IDs a name of another person with the intent to impersonate that person; (ii) use for Grande Labs, Inc. User IDs a name subject to any rights of a person other than you without appropriate authorization; or (iii) use for Grande Labs, Inc. User IDs a name that is otherwise offensive, vulgar or obscene.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents' permission to do so, and that all registration information you submit is accurate and truthful. Grande Labs, Inc. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Grande Labs, Inc. reserves the right to refuse registration of, or cancel any Grande Labs, Inc. User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Grande Labs, Inc. password. You shall never use another user's account without such other user's express permission. You will immediately notify Grande Labs, Inc. in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You are responsible for Content, activity, usage, and account security. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation. You will be held responsible for all Your Content posted and all activity that occurs under your account. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Your content always belongs to you, but by contributing it, you grant Grande Labs, Inc. rights to display and use it, including for commercial and for-profit purposes. The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, opinions, reviews, ratings, tips, software, scripts, works of authorship or other information or content, to the Services ("User Submissions"). We claim no intellectual property rights over the material you provide to Grande Labs’ Services. You retain copyright and any other rights you already hold in any Content that you submit, post or display on or through the Service. Content you contribute to Grande Labs, Inc. remains yours. By posting User Content on or at any of the Apps, Sites or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant Grande Labs, Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Sites, the Apps, the Service, and Grande Labs, Inc.'s (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites).

You also hereby do and shall grant each user of the Apps, Sites and/or the Service a non-exclusive license to access your User Submissions through the Apps, Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Apps, Sites and the Service and under these Terms of Service.

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

Grande Labs, Inc. does not endorse and has no control over any User Submission. Grande Labs, Inc. cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage, issue, or loss to any party resulting therefrom.

Grande Labs, Inc. has no obligation to monitor the Apps, Sites, Service, Content, or User Submissions. Grande Labs, Inc. may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will Grande Labs, Inc. be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any injury, loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Grande Labs, Inc. is not responsible for any data that is deleted (either intentionally or unintentionally) at the direction of any user.

By submitting or posting Content to Grande Labs, Inc.'s Services, you understand that you may not be able to remove or edit your content. While we will make a reasonable effort to enable you to edit or remove content, the public, indexed nature of the Apps and Sites makes it impossible to guarantee that content can be removed or changed. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. The Service (including, without limitation, any Content, or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Service, the term "Content" includes, without limitation, any advertisements, advice, suggestions, reviews, ratings, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Grande Labs, Inc. or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, pornographic, or profane;
• constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
• involves commercial activities and/or sales without Grande Labs, Inc.'s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Grande Labs, Inc. or any third party; or
• impersonates any person or entity, including any employee or representative of Grande Labs, Inc..

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Grande Labs, Inc. in its sole discretion) an unreasonable or disproportionately large load on Grande Labs, Inc.'s (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Grande Labs, Inc. may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to "crawl" or "spider" any page our other output of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Grande Labs, Inc. reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Grande Labs, Inc. is concerned that you may have violated the Terms of Service), or for no reason at all.

Grande Labs, Inc. reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Apps and Sites in connection with such features. Grande Labs, Inc. reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Apps or Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

We may display customized messages, advertising, and promotion in our Apps and Sites. Some of the Grande Labs, Inc. Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Grande Labs, Inc.'s Content, User Generated Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Grande Labs, Inc. on the Site and Apps are subject to change without specific notice to you. In consideration for Grande Labs, Inc. granting you access to and use of the Site, Apps, and Services, you agree that Grande Labs, Inc. may place such advertising on the Site, Apps, and APIs.

The Service may present to you information from or permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Apps and Sites. When you access third party services and content from third party services that are contained with the Apps and Sites, you do so at your own risk. These other websites and related content are not under Grande Labs, Inc.'s control, and you acknowledge that Grande Labs, Inc. is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Grande Labs, Inc. or any association with its operators. You further acknowledge and agree that Grande Labs, Inc. 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Grande Labs, Inc. can change, pause, or terminate the Services at any time and for any reason. Grande Labs, Inc. cease to provide any and all Apps, Sites, Content or any component of a Service at any time. Grande Labs, Inc. reserves the right to modify, update, place limits on, charge for or discontinue the Service or aspects of the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

Grande Labs, Inc. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Any fees paid hereunder are non-refundable. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Grande Labs, Inc. has made no promises and has no relationship or duty to you. You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided "AS IS" and "AS AVAILABLE." You release Grande Labs, Inc. from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Grande Labs, Inc. makes no representations concerning any content contained in or accessed through the Apps, Sites, and Grande Labs, Inc. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. In particular, Grande Labs, Inc. does not represent or warrant to you that:

• Your use of the Service will meet your requirements or needs;
• Your use of the Service will be uninterrupted, timely, secure or free from error;
• Any information obtained by you as a result of your use of the Service will be accurate or reliable, including but not limited to business information and rankings;
• That defects in the operation or functionality of any software provided to you as part of the Service will be corrected;
• Any content or software available at or through Grande Labs, Inc. is free of viruses or other harmful components.

No advice or information, whether oral or written, obtained by you from Grande Labs, Inc. or through or from the Service shall create any warranty not expressly stated in the terms. Grande Labs, Inc. further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): Grande Labs, Inc. makes no guaranty of confidentiality or privacy of any communication or information transmitted on the apps, sites or any website linked to the service.

Grande Labs, Inc. will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Grande Labs, Inc.'s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.

You shall defend, indemnify, and hold harmless Grande Labs, Inc., its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Apps, Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Service, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Grande Labs, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Grande Labs, Inc. in asserting any available defenses.

Grande Labs, Inc. makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Service, you agree that Grande Labs, Inc. shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

In no event shall Grande Labs, Inc., nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (including, without limitation, any content) (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for your reliance on the service, (iv) for any direct damages in excess of (in the aggregate) one-hundred u.s. dollars ($100.00), (v) or for any medical or health issue that might arise as a result of utilizing the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

These Terms of Service apply to all current Apps, Sites, Services, and included current features and new features that are added to the existing Services. Grande Labs, Inc. reserves the right to modify these Terms of Service without explicit notice. We will notify members with active accounts of material changes to these Terms of Service by email or by posting a notice on our Site. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review our current Terms of Service at any time at http://www.grandelabs.com/terms.html and http://www.dishfreely.com/terms.

Grande Labs, Inc. makes no representation that the Content is appropriate or available for use in locations outside of Delaware (state of incorporation), or New York (state of operation), and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Grande Labs, Inc. agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

The Terms of Service are the entire agreement between you and Grande Labs, Inc. with respect to the Service and use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Grande Labs, Inc. with respect to the Sites. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. 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.

Grande Labs, Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Grande Labs, Inc.'s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Grande Labs, Inc.'s prior written consent. Grande Labs, Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Unless you have agreed otherwise in writing with Grande Labs, Inc., nothing in the Terms gives you a right to use any of Grande Labs Inc.'s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including Dish Freely and PasteAPI.

The look and feel of the Apps and Sites is copyright © 2011 Grande Labs, Inc. You may not duplicate, copy, or reuse any portion of the HTML/CSS/Javascript or other content or visual design elements without express written permission from Grande Labs, Inc.

Grande Labs Inc.'s rights apply to the APIs and all output, data, and executables of the PasteAPIs and Dish Freely excluding any software components developed by You or third-parties which do not themselves incorporate the APIs or any output or executables of the PasteAPIs. Grande Labs, Inc. owns all rights, title, and interest in and to the PasteAPIs and Dish Freely.

You acknowledge and agree that Grande Labs, Inc. (or Grande Labs, Inc. licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights that exist in the Service and the Content (whether or not those rights are registered) wherever in the world those rights may exist.

It is Grande Lab's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

To file a claim of infringement, please use the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Service) to send a notice -- including (1) the location of the copyrighted work described in sufficient detail so that we may find it on the Service, (2) a link to the original location of the content in question, (3) adequate contact information for us to contact you promptly (phone number and email address is preferred), (4) the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed," and (5) a digital or physical signature -- to the following address:

Grande Labs
Attn: Copyright Infringement
126 East 12th Street, Apt 4A
New York, NY 10003
Email: legal@grandelabs.com

Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys' fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

You may contact Grande Labs, Inc. at the following address:

Grande Labs, Inc.
126 East 12th Street, Apt 4A
New York, NY 10003
Email: legal@grandelabs.com