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ABOUTMILLET.COM
Website Terms of Use Agreement
This document was last updated on 06/01/2011
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Read This Terms of Use Agreement Before
Accessing Website. /span>
TThis
“Terms of Use Agreement” sets forth the
standards of use of the ABOUTMILLET.COM services
“The Services” comprising of the
ABOUTMILLET.COM website (“The Website”) . By using “The Services” you
agree to the terms and conditions in this
Agreement. If you do not agree to the terms and
conditions of this Agreement, you should
immediately cease all usage of “The
Services”.
Modifications shall become effective
immediately upon being posted at AABOUTMILLET.COMYour continued use of “The
Services” after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
Privacy Policyrgin-top-alt:auto;mso-margin-bottom-alt:auto">Privacy
Policy
AABOUTMILLET.COM strongly believes in protecting
user privacy. ABOUTMILLET.COM has therefore
adopted a Privacy Policy. Users of “The
Services” should
1. Accessing “The Services”
You must provide (1)mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">You
must provide (1)
all equipment necessary for your own
Internet connection, including computer and
modem and (2) provide for your access to the
Internet, and (3) pay any fees relate with such
connection.
2.
Disclaimer
YOU AGREE THAT YOUR USE OF “THE SERVICES” IS AT YOUR SOLE RISK. BECAUSE OF THE
NUMBER OF POSSIBLE SOURCES OF INFORMATION PROVIDED THROUGH “THE SERVICES” AND
THE UNIQUE NATURE OF EACH PERSON'S HEALTH NEEDS, YOU MAY EXPERIENCE OMISSIONS,
INACCURACIES, OR OTHER PROBLEMS WITH THE INFORMATION AND ADVICE PROVIDED. IF YOU
RELY ON “THE SERVICES” OR ANY MATERIAL AVAILABLE THROUGH “THE SERVICES”, YOU DO
SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR HEALTH THAT RESULTS FROM ANY MATERIAL
AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH “THE WEBSITE” .
TTHE CONTENTS OF “THE WEBSITE” , SUCH AS TEXT, GRAPHICS, IMAGES, RECIPE
RECOMMENDATIONS, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE
CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE,
DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER
QUALIFIED HEALTH PROVIDER FOR ANY HEALTH PROBLEM OR MEDICAL CONDITION. NEVER
DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY SEEKING HELP BECAUSE OF
SOMETHING YOU HAVE READ ON “THE WEBSITE” .
“THE SERVICES” AND THE CONTENT AVAILABLE THROUGH THEM 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 “THE SERVICES” AND/OR CONTENT AVAILABLE
THROUGH “THE SERVICES” IS AT YOUR SOLE RISK. ABOUTKASHA.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. ABOUTKASHA.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON
“THE WEBSITE” ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
ABOUTMILLET.COM DOES NOT REPRESENT OR WARRANT THAT “THE WEBSITE”, “THE
NEWSLETTER” OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USE OF “THE SERVICES” AND CONTENT AVAILABLE THROUGH
THEM IS AT YOUR SOLE RISK.
We reserve the right to change any and all Content contained on “The 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 ABOUTMILLET.COM We
reserve the right to change any and all Content
contained on “The 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 ABOUTMILLET.COM
3.
Limitation of Liabilityo:p>
IN
NO EVENT SHALL ABOUTMILLET.COM OR ITS OWNERS,
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 “THE SERVICES” OR CONTENT
AVAILABLE THROUGH THEM, EVEN IF ABOUTKASHA.COM
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.
4.
Indemnificationo:p>
YYou
agree to defend, indemnify and hold harmless ABOUTMILLET.COM
and its owners, affiliates, officers, directors,
agents, suppliers and licensors from and against
any and all claims, damages, costs and expenses,
including attorneys’ fees, arising from or
related to your use of the Website or any
Materials or Submissions you provide, including,
but not limited to, any claim by a third party
that any Materials or Submissions infringe or
violate such third party's rights or interests.
5.
User Conduct/span>
You
agree not to use “The Services” to do any of
the following:
1.
Upload,
post, email, transmit, distribute or otherwise
publish any message, information, text or other
material (“Material”) that we deem to be
unlawful, harmful, libelous, tortuous,
defamatory, obscene, vulgar, pornographic,
indecent, lewd, harassing, threatening, invasive
of privacy or publicity rights, abusive,
inflammatory, hateful, or racially, ethnically
or otherwise objectionable;
2.
Upload
or transmit any 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;
3.
Upload,
email, transmit or otherwise make available any
Material that may infringe any patent,
trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
4.
Impersonate
any person or entity or otherwise misrepresent
your affiliation with a person or entity;
5.
WWithout
ABOUTMILLET.COM written permission, distribute,
publish, or make available any unsolicited or
unauthorized promotions, advertising or
solicitations for funds, goods or services,
including junk mail, spam and chain letters;
6.span style="font:7.0pt "Times New Roman"">
Harm
minors in any way;
7.
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.
6.
Modifications and Interruption to “The
Services”
WWWe
reserve the right to modify or discontinue
“The Services” with or without notice.
ABOUTMILLET.COM shall not be liable to you or any
third party should ABOUTMILLET.COM exercise its
right to modify or discontinue “The
Services”. You acknowledge and accept that
ABOUTMILLET.COM does not guarantee continuous,
uninterrupted or secure access to “The
Website” and
operation of “The Website” may be interfered with or
adversely affected by numerous factors or
circumstances outside of our control.
7.
Third-Party Sites:p>
““The
Website” may include
links to other sites on the Internet that are
owned and operated by online merchants and other
third parties.
You acknowledge that we are not
responsible for the availability of, or the
content located on or through, any third-party
site. You
should contact the site administrator or
webmaster for those third-party sites if you
have any concerns regarding such links or the
content located on such sites.
Your use of those third-party sites is
subject to the terms of use and privacy policies
of each site, and we are not responsible
therein. We encourage you to review said privacy
policies of third-parties’ sites.
8.
Disclaimer Regarding Accuracy of Vendor
Informationo:p>
Product
specifications and other information have either
been provided by the Vendors or collected from
publicly available sources.
While we make every effort to ensure that
the information on this website is accurate, we
can make no representations or warranties as to
the accuracy or reliability of any information
provided on this website.
We
make no warranties or representations whatsoever
with regard to any product provided or offered
by any Vendor, and you acknowledge that any
reliance on representations and warranties
provided by any Vendor shall be at your own
risk.
We may have
an affiliate relationship with these vendors. Please
read our "Affiliate
Links Disclosure"
9.
Governing Jurisdiction of the Courts of
Pennsylvania
“The
Services” are operated and provided in the
State of Pennsylvania. As such, we are subject
to the laws of the State of Pennsylvania, and
such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation that “The Services” are
appropriate, legal or available for use in other
locations.
Accordingly, if you choose to use “The
Services” you agree to do so subject to the
internal laws of the State of Pennsylvania.
10.
Compliance with Laws.
You
assume all knowledge of applicable law and are
responsible for compliance with any such laws.
You may not use “The Services” in any
way that violates applicable state, federal, or
international laws, regulations or other
government requirements. You further agree not
to transmit any material that encourages conduct
that could constitute a criminal offense, give
rise to civil liability or otherwise violate any
applicable local, state, national, or
international law or regulation.
11.
Copyright and Trademark Information
AAll
content included or available through “The
Services”, including site design, text,
graphics, interfaces, and the selection and
arrangements thereof is ©2011 ABOUTMILLET.COM,
with all rights reserved, or is the property of
ABOUTMILLET.COM and/or third parties protected by
intellectual property rights.
Any use of materials on the website,
including reproduction for purposes other than
those noted above, modification, distribution,
or replication, any form of data extraction or
data mining, or other commercial exploitation of
any kind, without prior written permission of an
authorized officer of ABOUTMILLET.COM is strictly
prohibited.
You agree that you will not use any
robot, spider, or other automatic device, or
manual process to monitor or copy our web pages
or the content contained therein without prior
written permission of an authorized officer of
ABOUTMILLET.COM
ABOUTMILLET.COM
is proprietary mark.
ABOUTMILLET.COM trademarks may not be used
in connection with any product or service that
is not provided by ABOUTMILLET.COM, in any manner
that is likely to cause confusion among
customers, or in any manner that disparages or
discredits ABOUTMILLET.COM
All
other trademarks displayed on ABOUTMILLET.COM
website are
trademarks of their respective owners, and
constitute neither an endorsement nor a
recommendation of those Vendors.
Notification
of Claimed Copyright Infringemento:p>
Pursuant
to Section 512(c) of the Copyright Revision Act,
as enacted through the Digital Millennium
Copyright Act, ABOUTKASHA.COM designates the
following individual as its agent for receipt of
notifications of claimed copyright infringement.
By
Email: webmaster@ABOUTKASHA.COM
12.
Hyperlinks
YYou
are granted a limited, nonexclusive right to
create a hyperlink to the homepage of “The
Website” only, provided such link does not
portray ABOUTMILLET.COM or “The 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 ABOUTKASHA.COM
logo or other proprietary information, including
the images found at “The Website” , the content of any text or the
layout/design of any page or form contained on
any page of “The Website” , without ABOUTMILLET.COM 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 ABOUTMILLET.COM or any third party
12.
Submissions/font>
BBy submitting, disclosing or offering any recipe, review, photograph, image, “favorites” list, comments, feedback,
postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”)
to ABOUTMILLET.COM, either online or offline and whether or not solicited by
ABOUTMILLET.COM, you hereby grant to ABOUTMILLET.COM
an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, 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.
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 does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at
ABOUTMILLET.COM’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by
ABOUTMILLET.COM to effect, perfect and confirm the license granted to
ABOUTMILLET.COM to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of
ABOUTMILLET.COM and ABOUTMILLET.COM 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
ABOUTMILLET.COM, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant
ABOUTMILLET.COM the right to use your name in connection with the publication, use or posting 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.
13.
Other Termso:p>
If any provision
of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason,
the other provisions (and any
partially-enforceable provision) shall not be
affected thereby and shall remain valid and
enforceable to the maximum possible extent. YYou agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned
ABOUTMILLET.COM, in our sole discretion, to a
third party in the event of a merger or
acquisition.
This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by,
any other written agreement between us in
relation to your using “The Services”. You agree that by accepting this Terms of Use Agreement, you
are consenting to the use and disclosure of your
personally identifiable information and other
practices described in our Privacy
Policy Statement
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