AS USED HEREIN, THE TERM “WEBSITE” REFERS TO THE
User Conduct and Materials
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards, chat rooms, forums and recipe storage and exchange areas (the “Interactive Areas”). All such Interactive Areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to, and your use of, such Interactive Areas of this Website. You agree not to do any of the following on or through the Website:
Upload, post, email, transmit, distribute or otherwise publish or make available any recipe, message, information, text, image, photo or other material (“User Material”) that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Without Company’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, commercial messages, advertising or solicitations for funds, goods or services, including junk mail, spam, chain letters and using our Email-a-Friend service to send any unwanted messages;
Harm minors in any way;
Upload, post, email, transmit, distribute or otherwise publish or make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Upload, post, email, transmit, distribute or otherwise publish, make available or disclose the private or personal information of any third party; or
Upload, post, email, transmit, distribute or otherwise publish or make available any User Material that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Material provided by its users in any public forum, personal home page or other Interactive Area.
I. Copyrights; Limited License
You are granted a limited, nonexclusive right to create a hyperlink to any page of this Website, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without Company’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Third-Party Content & Services
Company may provide third party content on the Website and may provide hyperlinks to sites and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. Company does not monitor nor does Company have control over any Third-Party Content. Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Website.
By submitting any recipe, review, photograph, joke, image, “favorites” list, story, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”) to Company, either online or offline, or in connection with a contest entry or, and whether or not solicited by Company, you hereby acknowledge that such Submitted Item is not confidential and you hereby grant to Company and its affiliates, partners and licensees an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party. Each Submitted Item is also subject to such other terms and conditions as Company may specify for particular submissions.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item, and its use by Company as contemplated herein, does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You further represent and warrant that you have attained the legal age of majority in your state/province (18 in most states/provinces). Parent or guardian must submit on behalf of any minor. You will take, at Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Company to effect, perfect and confirm the license granted to Company to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Company and Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Company, we will include your name in conjunction with such publication, posting or use. By submitting a Submitted Item, you hereby grant Company the right to use your name in connection with the publication, use or posting or other use of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT AND ANY SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Company reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT OR SERVICES CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
Screening, Removal and Disclosure
Although Company has no obligation to screen, edit or monitor any of the User Material posted in any Interactive Area, Company reserves the right to, at our sole discretion, monitor, screen, remove, take down, edit, move, destroy or delete any User Material and Submitted Items at any time and for any reason or no reason without notice, including, but not limited to User Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Company reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any User Material and Submitted Item. Company also reserves the right, at any time in its sole discretion, and without notice, to discontinue the Website or any features or services available through the Website. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense.
DMCA Notice and Customer Care
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Company not to permit materials known by Company to be infringing to remain on the Site. You should notify Company promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Company receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Company will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.