THE STANDUP GOURMETâ„¢ Terms of Use

 

The terms and conditions set forth herein (the "Terms of Use") shall govern your visit to and use of The Standup Gourmet (“TSG”, “us”, “our," or "we") website located at www.thestandupgourmet.com (the “Site”). By using the Site (which includes our Blog), you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.  If you have any questions regarding the meaning or application of these Terms of Use, please direct your questions to info@thestandupgourmet.com.

We hope your find the material contained on the Site fun and informative.  You will be permitted to submit questions (the “Questions”) to Betty Home-Mocker (“Betty”) by clicking Ask Betty.  We will review all Questions submitted to us and select which questions we will respond to.  While we try to answer as many questions as we can, you acknowledge that we have no obligation to answer or post your Question on the Site.

To fully enjoy the Site, we recommend that you subscribe to our blog (the “Blog”).   Provided that you comply with these Terms of Use, you will be permitted to post messages on the Blog (“Postings”).  We reserve the right to remove a Posting at any time without notice.

By submitting a Question or a Posting to us, you unconditionally assign all your right, title and interest in and to the Question or Posting, including all copyrights, trademarks, ideas, concepts and other proprietary information contained therein to us to use and commercialize in any manner and in all media now known or hereinafter devised throughout the universe in perpetuity.  You acknowledge that you are not entitled to any compensation for the use by us of your Questions or Postings.  You further acknowledge that we have the right to modify, edit and alter your Questions and Postings as we see fit.

By submitting materials to us or posting them on the Blog, you represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to submit and/or post the material shared by you on or through the Site. Additionally, you represent and warrant that no element of the materials submitted or posted by you will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights.

You agree that any material submitted or posted by you shall not be threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, racist, sexually explicit, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable.

You further agree that you will not submit to us or post on the Blog any personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials) or any other private information of any other individual.  IF YOU CHOOSE TO PROVIDE ANY OF YOUR PRIVATE OR PERSONALLY IDENTIFIABLE INFORMATION TO US, YOU DO SO AT YOUR OWN RISK, AS WE HAVE THE RIGHT TO POST ANY MATERIALS SUBMITTED TO US.

We do not accept unsolicited materials or ideas for use on our Site.  We are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against TSG regarding the use of such materials or ideas, even if materials or ideas are substantially similar to the idea you submitted.  If, despite our request, you send us any unsolicited ideas, suggestions or material(s) (collectively, "Submission(s)"), such Submissions will become the property of TSG.  TSG is not obligated to keep any Submission confidential, and we will not be liable for any use or disclosure of any such Submission.  We will exclusively own all known or later-existing rights to the Submissions worldwide and in perpetuity and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.

You must be at least 18 years old to visit and use the Site.  The Site may contain offensive, sexually explicit or adult content.  If you do not want to be exposed to such content, we recommend that you do not visit or use the Site.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE SERVICES AND INFORMATION PROVIDED BY THE SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE.

ALL INFORMATION, MATERIAL AND CONTENT PROVIDED BY THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL SERVICES, CARE OR ADVICE.   ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE RELYING ON THE INFORMATION, MATERIAL AND CONTENT OF THE SITE.  WE DO NOT GUARANTEE ANY RESULTS.

UNDER NO CIRCUMSTANCES WILL WE, BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE CONTENT.  IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

You agree to defend, indemnify, and hold harmless TSG, its officers, employees, agents, representatives and affiliates from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; and (b) your activities in connection with the Site.  We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

© 2010 The Standup Gourmet.  All Rights Reserved.  This Site and the contents of the Site (the “Site Contents”) are intended for your personal use. The Site contains protected copyrighted material, including text, software, photos, recipes, instruction manuals, audio-visual clips, illustrations, images, logos, and music and sound.  You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content.  You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us. 

The Standup Gourmet, Misfits Manual, Betty Home-Mocker, The Frugal Factory, Explanation Station, Misfictionary, Cockamamy Corner, and Tasty Tidbits for Domestic Misfits are trademarks and/or service marks of The Standup Gourmet.  Other brands, names, graphics, typefaces, and logos appearing on the Site may also be trademarks, service marks or trade dress of TSG.  Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of TSG's trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

These Terms of Use constitute the entire understanding between you and us with respect to the use of the Site.  These Terms of Use may only be modified by a posting by us of a revised draft of these Terms of Use on the Site.  By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes.  


These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You consent to exclusive jurisdiction by the federal and state courts located in Los Angeles County, California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions at info@thestandupgourmet.com.

 



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