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1. ACCEPTANCE OF TERMS
Welcome to TopRecipeSites.com, a Precision Marketing Solutions, Inc. site.
We provide our service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. If you are
interested in this kind of thing, please check back periodically for updates.
In addition, when using our services, you shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TopRecipeSites.com currently provides users with access to a collection
of recipe-related resources (the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements are necessary
for TopRecipeSites.com to provide the Service. You understand and agree that
the Service is provided "AS-IS" and that TopRecipeSites.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself or your site as prompted
by the Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
4. PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy
policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you operate a recipe-oriented website and wish to be listed on TopRecipeSites.com,
you will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify TopRecipeSites.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. We
will not be held liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not TopRecipeSites.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. TopRecipeSites.com does not control
the Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances will we be liable
in any way for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
a. upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person
or entity, including, but not limited to, a TopRecipeSites.com official, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
e. upload, post, email,
transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email,
transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
h. upload, post, email,
transmit or otherwise 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;
i. disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
j. interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally
violate any applicable local, state, national or international law;
l. "stalk" or otherwise
harass another; or
m. collect or store personal
data about other users.
You acknowledge that we do not pre-screen Content, but that
TopRecipeSites.com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, TopRecipeSites.com and its designees
shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
You acknowledge and agree that we may preserve Content and
may also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of TopRecipeSites.com, its users and the public. You understand that
the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
We do not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant us the following
world-wide, royalty free and non-exclusive license(s), as applicable: With respect
to Content you submit or make available for inclusion on publicly accessible areas
of our site, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purposes
of providing and promoting the specific area of our site to which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or we remove such Content from the Service.
9. INDEMNITY
You agree to indemnify and hold TopRecipeSites.com and Precision Marketing
Solutions, Inc, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning
use of the Service. You agree that TopRecipeSites.com has no responsibility
or liability for the deletion or failure to store any links, messages and other
communications or other Content maintained or transmitted by the Service. You
further acknowledge that we reserve the right to change these general practices
and limits at any time, at our sole discretion without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that TopRecipeSites.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that TopRecipeSites.com in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if we believe that you have violated or acted inconsistently
with the letter or spirit of the TOS. TopRecipeSites.com may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or the Service. Further, you agree that TopRecipeSites.com shall not be liable
to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that TopRecipeSites.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service provides links to other World Wide Web sites or resources. Because
we have no control over such sites and resources, you acknowledge and agree that
we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that TopRecipeSites.com 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 use of or reliance on any such Content, goods
or services available on or through any such site or resource.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by us, our providers or our advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. You agree not
to access the Service by any means other than through the interface that is provided
by us for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TOPRECIPESITES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WE MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. c. 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 LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM TOPRECIPESITES.COM OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPRECIPESITES.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPRECIPESITES.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify us of same.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TopRecipeSites.com
and govern your use of the Service, superceding any prior agreements between you
and us. You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and TopRecipeSites.com shall be governed
by the laws of the State of New York without regard to its conflict of law provisions.
You and TopRecipeSites.com agree to submit to the personal and exclusive jurisdiction
of the courts located within Suffolk County, New York. The failure of TopRecipeSites.com
to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. |
