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2. On-line Services and Disclaimer of Warranty. The RG web site provides on-line resources including, but not limited to, on-line information regarding RG's recipes and on-line communities. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The on-line resources, informational content, and software on this web site is provided "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. RG assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the RG web site.
4. User Account: Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify RG at www.recipekey.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. RG shall not be responsible for User's failure to abide by this paragraph.
5. Informational Content Supplied by Users: User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the RG web site, or privately transmitted through the RG web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the RG web site. RG does not and cannot control the informational content Users transmit through the RG web site. Under no circumstances shall RG be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall RG be held liable for any errors or omissions in any informational content transmitted by Users.
6. User Conduct: User agrees not to use the RG web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) collect personal information on, "cyberstalk" or harass another User, or engage in conduct that negatively affects the on-line experience of another User;
(c) impersonate another User, person, or entity, including any official or employee of RG;
(d) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(e) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(f) interfere with the operation of RG's web servers or other computers or Internet or network connections;
(g) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(h) upload, post or transmit any unsolicited or unauthorized advertising, including "spam" or "junk mail".
RG does not pre-screen uploaded, posted or transmitted content, but RG reserves the right to inspect, edit and delete any content that RG knows, or has reason to know, has violated this TOS Agreement. RG reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. RG may disclose any informational content Users post, upload or transmit to the RG web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of RG, the public, or other Users.
7. Content Submitted by Users: RG does not claim ownership of any informational content submitted by Users to the RG web site. User grants RG a non-exclusive, royalty free license to use, distribute, reproduce, modify, or publicly display any informational content submitted to the RG web site. This license exists only so long as User allows its content to remain on the RG web site and will terminate in the event that User removes such content.
8. Indemnity: You agree to indemnify and hold RG, 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.
9. No Resale: User agrees not to reproduce, copy, duplicate, or sell any portion of the RG web site.
10. Limits and Modifications: RG may establish without notice limits on the user of its web site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the RG web site. RG reserves the right to modify any and all portions of the RG web site without notice. Under no circumstances shall RG be liable to User or any other party for such limits or modifications.
11. Termination of User Account: RG may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall RG be liable to User or any other party for such termination of User's account.
12. Third Party Advertisers: RG may allow third party advertisers to advertise on the RG web site. RG takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. RG shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
13. Hyperlink Policy: The RG site may contain hyperlinks to other Internet sites not under the editorial control of RG. These hyperlinks are not express or implied endorsements or approvals by RG of any products, services or information available from these sites.
14. RG's Intellectual Property Rights: User agrees not to distribute, license, or create derivative works from any of RG's copyrighted or trademarked material, including graphic files and software, available on the RG web site.
15. Disclaimers: RG is not responsible for any incorrect or inaccurate content posted on our site nor in connection with the services we provide, whether caused by other users or by any of the equipment or programming associated with or utilized herein. RG access may occasionally be interrupted for maintenance or other reasons. RG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or member communications. RG is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet, or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from accessing the web site. RG shall not be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the web site or the service, any content posted on the web site or transmitted to or from its users, or any interactions between users, whether on-line or off-line.
16. No Warranties: THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
17. Limitation of Liability: RG IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
18. Notice: Notices may be posted to the RG web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
19. General: This TOS Agreement constitutes the entire agreement between you and RG and governs your use of the RG web site. This TOS Agreement shall be governed by the laws of the State of Delaware. User agrees to submit to the personal and exclusive jurisdiction of the courts located with the county of New Castle in the State of Delaware. The failure of RG 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 this TOS Agreement 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 Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
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