Terms & Conditions
(LAST REVISED: MARCH 10, 2009)
PLEASE READ THIS nerdyrecipies.COM TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY VIEWING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This nerdyrecipies Terms and Conditions of Use Agreement (the "Agreement") governs your use of the nerdyrecipies web site, accessible via www.nerdyrecipies.com, and related uniform resource locators (the "Site"). nerdyrecipies reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Site. nerdyrecipies will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised (i.e., following the words "Last Revision"). The amended or revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. nerdyrecipies encourages you to review this Agreement whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site.
1. User Conduct.
You agree to not use the Site to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) upload, post, email or otherwise transmit any Content that:
(1) is threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy;
(2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and breaking;
(3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of yourself or another such as their name, locations, addresses, phone number, Social Security number or credit card number;
(6) contains software viruses, Trojan horses 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; or
(7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a nerdyrecipies employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(f) interfere with or disrupt the Site, computer servers or boards accessible through the Site; and
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Site through unsolicited electronic mail messages to third parties.
If you use the Site to commit any of the above offenses, nerdyrecipies may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Site, and remove any Content you posted to the Site. If you violate any laws, nerdyrecipies may report you to applicable authorities. nerdyrecipies will respond to lawful subpoenas.
2. Content Accessible Through the Site.
The Site contains a variety of information, data, messages and other materials (the "Content") that end users of the Site create and post. Please use caution and common sense when viewing the Site. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Site. You acknowledge that nerdyrecipies is not responsible for, does not control, does not endorse and does not verify the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will nerdyrecipies be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Site.
3. Reservation of Rights.
nerdyrecipies and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized disclosure or use.
4. Your Registration and Account.
(a) Registration Obligations.
In consideration for access to certain portions of the Site, you may be required to provide nerdyrecipies with certain information ("Registration Data"). You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. nerdyrecipies reserves the right to terminate your use of the Site and refuse to provide you with any and all current or future use of the Site if nerdyrecipies, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Account Security.
You may obtain a user name and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify nerdyrecipies of any unauthorized use of your user name or any other breach of security. nerdyrecipies cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
(c) Information Collection and Privacy.
If you would like information regarding our information collection practices, please refer to our Privacy and Information Collection (also called “Tracking”) Policy.
5. Site not Intended for Children.
Persons under the age of eighteen (18) years must submit a signed Parental Consent Form to nerdyrecipies before using this Site. Unless they have submitted a signed Parental Consent Form to nerdyrecipies, persons under the age of eighteen (18) years do not have a license to use this site and should leave immediately. Please note that because end users can post Content through the Site without nerdyrecipies's approval, some Content may be considered inappropriate and harmful to minors. In order to protect minors from such Content, you can retain a third party service provider to block inappropriate Content from displaying on your Web browser. nerdyrecipies does not and cannot endorse the quality and capabilities of such services. By agreeing to the terms of service you hereby state that you are over the age of 18 or a legal adult in the state, province, territory, country, or shire that you reside in.
6. No Pre-Screening or Regular Screening of Content.
You acknowledge that nerdyrecipies does not pre-screen Content, but agree that nerdyrecipies shall have the right (but not the obligation) to access, re-arrange, modify and remove or restrict access to any Content on the Site in its sole discretion and without notice or compensation. Without limiting the foregoing, nerdyrecipies shall have the right to access and remove or restrict access to any Content that violates this Agreement or that nerdyrecipies believes is otherwise objectionable, in its sole discretion.
7. Grant of Limited License by nerdyrecipies to You.
nerdyrecipies offers user-provided information regarding events, courses, people and groups at educational institutions. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, nerdyrecipies grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site (and the underlying software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under this Agreement.
8. Restrictions of Limited License.
Unless nerdyrecipies otherwise notifies you or restricts your use of this Site, you may freely post content, including news, entertainment, and information, to and at this Site. You agree that all such posts shall reasonably relate to the topic of information intended for the pages to which you post or edit content.
You agree that you will: (i) comply with all applicable laws in using or accessing the Site; (ii) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (iii) not remove, alter, or obscure any proprietary notices (including copyright notices) of nerdyrecipies or any other information provider in any portion of the Site.
9. Grant of Limited License by You to nerdyrecipies
With respect to any content (including, without limitation, any news, reviews, entertainment, commentary, information, or other text) you post to this Site (“Your Content”), you agree and hereby grant to nerdyrecipies a perpetual, royalty free and non-exclusive license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. nerdyrecipies may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time. For example, nerdyrecipies may utilize Your Content for online or offline advertising which promotes nerdyrecipies or the Site, without any royalty or payment being owed to you. Similarly, nerdyrecipies may license Your Content to third parties, without any royalty or payment being owed to you.
You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to nerdyrecipies. You further represent, warrant, and guarantee that by posting Your Content to the Site, you are not violating any obligation owed by you to any third party, including without limitation obligations of confidentiality, privacy, or attribution.
10. DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, nerdyrecipies.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER nerdyrecipies NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS/THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING. nerdyrecipies AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE nerdyrecipies AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF nerdyrecipies OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED 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 YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
nerdyrecipies MAKES NO CLAIM THAT THE SITE OR CONTENT APPEARING THEREON ARE APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
11. LIMITATION OF nerdyrecipies'S LIABILITY.
IN NO EVENT SHALL nerdyrecipies OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from nerdyrecipies to effectuate such termination. Additionally, nerdyrecipies may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must immediately stop using the Site.
13. Your Indemnification of nerdyrecipies.
You agree to hold harmless, defend, and indemnify nerdyrecipies, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Site and/or Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
14. Spam and Acceptable Use.
While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of nerdyrecipies in conjunction with the sending of unsolicited e-mail, or cause to be used nerdyrecipies equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the Site's network addresses or nerdyrecipies services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with nerdyrecipies include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to nerdyrecipies immediately.
Any comments or materials sent to nerdyrecipies including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of nerdyrecipies (collectively "Feedback"), is non-confidential. nerdyrecipies has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, nerdyrecipies is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
16. Infringers and Digital Millennium Copyright Act.
Due to the open nature of this Site, it is possible users may post content that is infringing. If you become aware of any infringing content, please notify nerdyrecipies. nerdyrecipies responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
This Agreement constitutes the complete and exclusive agreement between you and nerdyrecipies and supercedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.