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Terms of Service Agreement
Last updated: September 2, 2004
Before viewing or otherwise using MyRecipeSource.com,
you must read and agree to these Terms of Service and the following
terms and conditions and policies, including any future amendments
(collectively, the "Agreement"):
- MyRecipeSource.com Terms of Service Our
general terms and conditions
- MyRecipeSource.com Privacy Policy How we
maintain and protect your personal information submitted to
MyRecipeSource.com
Although we may attempt to notify you via your email address
used during account registration when major changes are made,
you should visit this page periodically to review the terms. MyRecipeSource.com
may, in its sole discretion, modify or revise these terms and
conditions and policies at any time, and you agree to be bound
by such modifications or revisions. If you do not accept and abide
by this Agreement, you may not use the MyRecipeSource.com web
site or service. Nothing in this Agreement shall be deemed to
confer any third party rights or benefits.
- Description of Service. MyRecipeSource.com
is a free, recipe-based web site from Casselware Inc. (the "Service").
You understand and agree that the Service may include content-targeted
ads or other related information, as further described below
and in the MyRecipeSource.com Privacy Policy. In addition, you
understand and agree that the Service is provided on an AS IS
and AS AVAILABLE basis. MyRecipeSource.com disclaims all responsibility
and liability for the availability, timeliness, security or
reliability of the Service. MyRecipeSource.com also reserves
the right to modify, suspend or discontinue the Service with
or without notice at any time and without any liability to you.
- Personal Use. The Service is made available
to you for your personal use only. Due to the Children's Online
Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm),
you must be at least thirteen (13) years of age to use this
Service. You must provide current, accurate identification,
contact, and other information that may be required as part
of the registration process and/or continued use of the Service.
You are responsible for maintaining the confidentiality of your
Service password and account, and are responsible for all activities
that occur thereunder. MyRecipeSource.com reserves the right
to refuse service to anyone at any time without notice for any
reason.
- Proper Use. You agree that you are responsible
for your own communications and for any consequences thereof.
Your use of the Service is subject to your acceptance of and
compliance with the Agreement. You agree that you will use the
Service in compliance with all applicable local, state, national,
and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from
your country of residence. You shall not, shall not agree to,
and shall not authorize or encourage any third party to: (i)
use the Service to upload, transmit or otherwise distribute
any content that is unlawful, defamatory, harassing, abusive,
fraudulent, obscene, contains viruses, or is otherwise objectionable
as reasonably determined by MyRecipeSource.com; (ii) upload,
transmit or otherwise distribute content that infringes upon
another party's intellectual property rights or other proprietary,
contractual or fiduciary rights or obligations; (iii) prevent
others from using the Service; (iv) use the Service for any
fraudulent or inappropriate purpose; or (v) act in any way that
violates our policies, as may be revised from time to time.
Violation of any of the foregoing may result in immediate termination
of this Agreement, and may subject you to state and federal
penalties and other legal consequences. MyRecipeSource.com reserves
the right, but shall have no obligation, to investigate your
use of the Service in order to determine whether a violation
of the Agreement has occurred or to comply with any applicable
law, regulation, legal process or governmental request.
- Content of the Service. MyRecipeSource.com
takes no responsibility for third party content (including,
without limitation, any viruses or other disabling features),
nor does MyRecipeSource.com have any obligation to monitor such
third party content. MyRecipeSource.com reserves the right at
all times to remove or refuse to distribute any content on the
Service, such as content which violates the terms of this Agreement.
MyRecipeSource.com also reserves the right to access, read,
preserve, and disclose any information as it reasonably believes
is necessary to (a) satisfy any applicable law, regulation,
legal process or governmental request, (b) enforce this Agreement,
including investigation of potential violations hereof, (c)
security or technical issues, (d) respond to user support requests,
or (e) protect the rights, property or safety of MyRecipeSource.com,
its users and the public. MyRecipeSource.com will not be responsible
or liable for the exercise or non-exercise of its rights under
this Agreement.
- Intellectual Property Rights. MyRecipeSource.com's
Intellectual Property Rights. You acknowledge that MyRecipeSource.com
owns all right, title and interest in and to the Service, including
without limitation all intellectual property rights (the "MyRecipeSource.com
Rights"), and such MyRecipeSource.com Rights are
protected by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter,
modify, or create derivative works from the Service. You also
agree that you will not use any robot, spider, other automated
device, or manual process to monitor or copy any content from
the Service. The MyRecipeSource.com Rights include rights to
(i) the Service developed and provided by MyRecipeSource.com;
and (ii) all software associated with the Service. The MyRecipeSource.com
Rights do not include third-party content used as part of Service,
including the content of communications appearing on the Service.
Your Intellectual Property Rights. MyRecipeSource.com
does not claim any ownership in any of the content, including
any text, data, information, images, photographs, music, sound,
video, or other material, that you upload, transmit or store
in your MyRecipeSource.com account. We reserve the right to
use this content for other purposes.
- Representations and Warranties. You represent
and warrant that (a) all of the information provided by you
to MyRecipeSource.com to participate in the Services is correct
and current; and (b) you have all necessary right, power and
authority to enter into this Agreement and to perform the acts
required of you hereunder.
- Privacy. As a condition to using the Service,
you agree to the terms of the MyRecipeSource.com Privacy Policy
as it may be updated from time to time. MyRecipeSource.com understands
that privacy is important to you. You do, however, agree that
MyRecipeSource.com may monitor, edit or disclose your personal
information, including the content of your emails, if required
to do so in order to comply with any valid legal process or
governmental request (such as a search warrant, subpoena, statute,
or court order), or as otherwise provided in these Terms of
Use and the MyRecipeSource.com Privacy Policy. Personal information
collected by MyRecipeSource.com may be stored and processed
in the United States or any other country in which Casselware
Inc. or its agents maintain facilities. By using MyRecipeSource.com,
you consent to any such transfer of information outside of your
country.
- Advertisements. As consideration for using
the Service, you agree and understand that MyRecipeSource.com
will display ads and other information on all web pages viewed
at our web address. MyRecipeSource.com serves ads using a completely
automated process. No personally identifiable information will
be provided to advertisers as part of the Service.
- Account Inactivity. After a period of inactivity,
MyRecipeSource.com reserves the right to disable or terminate
a user's account. If an account has been deactivated for inactivity,
the email address associated with that account may be given
to another user without notice to you or such other party.
- Publicity. Any use of MyRecipeSource.com's
trade names, trademarks, service marks, logos, domain names,
and other distinctive brand features ("Brand Features")
must be in compliance with this Agreement and in compliance
with MyRecipeSource.com's Band Feature directives. Contact MyRecipeSource.com
for current directives or permission for use.
- Termination; Cancellation. You may cancel
your use of the Services and/or terminate this Agreement with
or without cause at any time by providing notice to MyRecipeSource.com;
provided, however, that a terminated account may continue to
exist for up to two business days before such cancellation takes
effect. MyRecipeSource.com may at any time and for any reason
terminate the Services, terminate this Agreement, or suspend
or terminate your account. In the event of termination, your
account will be disabled and you may not be granted access to
your account or other contributed content in your account although
residual copies of information may remain in our system. Except
as set forth above or unless MyRecipeSource.com has previously
canceled or terminated your use of the Services (in which case
subsequent notice by MyRecipeSource.com shall not be required),
if you have provided a valid email address, MyRecipeSource.com
will notify you of any such termination or cancellation, which
shall be effective immediately upon MyRecipeSource.com's delivery
of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement,
along with applicable provisions of the general Terms of Service
(including the section regarding limitation of liability), shall
survive expiration or termination.
- Indemnification. You agree to hold harmless
and indemnify MyRecipeSource.com, and its subsidiaries, affiliates,
officers, agents, and employees from and against any third party
claim arising from or in any way related to your use of the
Service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature.
In such a case, MyRecipeSource.com will provide you with written
notice of such claim, suit or action.
- Choice of Law; Jurisdiction. These Terms
of Use will be governed by and construed in accordance with
the laws of the State of South Carolina, without giving effect
to its conflict of laws provisions or your actual state or country
of residence. Any claims, legal proceeding or litigation arising
in connection with the Service will be brought solely in Horry
County, South Carolina, and you consent to the jurisdiction
of such courts.
If you do not agree to these Terms of Service, we ask that you please leave this site.
Thanks from the MyRecipeSource.com Staff
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