Please read this Terms and Conditions of Use Notice
(Notice) carefully before using the Tasting in Tongues site
(the "Web site"). By viewing or otherwise using this Web site,
you agree to the terms and conditions in this Notice. We may change
the terms of this agreement from time to time. By continuing to use
the service after we post any such changes, you accept this agreement,
as modified.
Disclaimer
The information contained in this Web site is provided for general
informational purposes only. It is not intended as and should not
be relied upon as medical, nutritional, or fitness advice. Before
you use any of the information provided in the site or begin any exercise
or diet program, you should consult with a qualified medical, dietary,
fitness or other appropriate professional. If you utilize any information
provided in this site, you do so at your own risk and you specifically
waive any right to make any claim against the Web site, its owners,
officers, directors, employees, representatives, contributors, or
advertisers as the result of the use of such information.
This Web site and the content available on it are provided on an
"as is" and "as available" basis without warranties
of any kind, either express or implied, and you agree use of this
Web site and/or its content is at your sole risk. Tasting in Tongues
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. Tasting in Tongues does not represent
or warrant materials on this Web site are accurate, complete, reliable,
current, or error-free. Tasting in Tongues does not represent or warrant
this Web site or its server(s) are free of viruses or other harmful
components. You acknowledge your use of the Web site and contents
is at your sole risk.
Limitation of Liability
Under no circumstances shall the Web site, or its owners, officers,
directors, employees, representatives, contributors or advertisers
be liable for indirect, incidental, special, consequential or exemplary
damages (even if the Web site has been advised of the possibility
of such damages), arising out of, relating to, or in any way connected
with the Web site or these Terms of Use. Your sole remedy for dissatisfaction
with the Web site including, without limitation, the Web site content
is to stop using the Web site. Such limitation shall also apply with
respect to damages incurred by reason of services or products received
through or advertised in connection with any of the Web site or any
links on the Web site, as well as by reason of any information or
advice received through or advertised in connection with any of the
Web site or any links on the Web site. Such limitation shall also
apply with respect to damages incurred by reason of any content posted
by a third-party or conduct of a third-party on the Web site.
Copyrights
All Web site materials, including, without limitation, the Tasting
in Tongues logo, design, text, graphics, other files, and the selection
and arrangement thereof (collectively, Content) are either
ALL RIGHTS RESERVED Copyright © 2008 Paul Gagne or are the proprietary
property of Paul Gagne. You may electronically copy and print to hard
copy portions of this Web site for the sole purpose of using materials
it contains for informational and non-commercial, personal use only,
provided you keep all copyright or other proprietary notices intact.
Any other use of Content, including any commercial use, reproduction
for purposes other than described above, modification, distribution,
republication, display, or performance, without the prior written
permission of Tasting in Tongues, is strictly prohibited.
Trademarks
Tasting in Tongues, tastingintongues.com and
all other trademarks on this Web site are either trademarks or registered
trademarks of Tasting in Tongues and its licensors, and may not be
copied, imitated or used, in whole or in part, without the prior written
permission of Tasting in Tongues. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of Tasting in Tongues, and may not be copied, imitated,
or used, in whole or in part, without the prior written permission
of Tasting in Tongues. All other trademarks, registered trademarks,
product names and company names or logos mentioned on the Web site
are the property of their respective owners.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink
to the homepage (http://www.tastingintongues.com) of this Web site
only, provided such link does not portray Tasting in Tongues or any
of its products and 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 Tasting in Tongues trademark, logo, or other proprietary
information, including the images found at this Web site, the content
of any text, or the layout/design of any page or form contained on
any page of the Web site, without Tasting in Tongues 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 Tasting in Tongues
or any third party.
Third-Party Content and Services
The Web site may provide hyperlinks to sites such as search engines,
advertisers, and content of third parties (Third-Party Content)
as a service to those interested in this information. Tasting in Tongues
does not monitor nor does Tasting in Tongues have control over any
Third-Party Content. Third-Party Content providers may serve content
and/or advertisements and collect information directly from visitors
and may place or recognize cookies on visitors' browsers.Tasting in
Tongues does not endorse or adopt any Third-Party Content and can
make no guarantee as to its accuracy or completeness. Tasting in Tongues
does not warrant the accuracy of any information contained on, and
undertakes no responsibility to update or review, any Third-Party
Content. Users use these hyperlinks and Third-Party Content contained
therein at their own risk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph,
image, video, favorites list, comments, feedback, postcards,
suggestions, ideas, notes, drawings, concepts, and other information,
content or material, or other item (each, a Submitted Item)
to Tasting in Tongues, either online or offline and whether or not
solicited by Tasting in Tongues, you hereby grant to Tasting in Tongues
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 (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 Tasting in Tongues
expense, any further action (including, without limitation, execution
of affidavits and other documents) reasonably requested by Tasting
in Tongues to effect, perfect, and confirm the license granted to
Tasting in Tongues to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion
of Tasting in Tongues and Tasting in Tongues is under no obligation
to publish or use any Submitted Item. If your Submitted Item is published,
used and/or posted on the Web site or otherwise used by Tasting in
Tongues, we may include your name in conjunction with such publication,
posting, or use. By submitting, disclosing, or offering a Submitted
Item, you hereby grant Tasting in Tongues 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 e-mail address with your
Submitted Item so we can contact you if we have any questions about
your Submitted Item; however, only your name and not your e-mail address
will be published with your Submitted Item.
User Conduct
This Web site might include discussion forums or other interactive
areas, including, but not limited to, bulletin boards, and recipe
storage and exchange areas. All such forums and interactive areas
shall be used only for non-commercial purposes. You are solely liable
for any material you upload or transmit to the discussion forums or
interactive areas of this Web site. You agree not to use the Web site
to do any of the following:
- Upload, post, e-mail, transmit, distribute or otherwise publish
any message, information, text or other material (Material)
that we deem to be unlawful, harmful, libelous, tortious, defamatory,
obscene, vulgar, pornographic, indecent, lewd, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, hateful,
or racially, ethnically or otherwise objectionable;
- 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;
- Upload, e-mail, transmit, or otherwise make available any Material
that might infringe any patent, trademark, trade secret, copyright,
or other intellectual or proprietary right of any party;
- Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity;
- Without Tasting in Tongues 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;
- Harm minors in any way; or
- Upload, post, e-mail, 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.
Applicable Law
These terms and conditions shall be governed by and construed in accordance
with the laws of the state of Maine, without regard to its choice
of law principles to the contrary. You agree any action at law or
in equity arising out of or relating to these terms and conditions
shall be filed only in the state and federal courts residing in Cumberland
County, Maine, and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts over any suit,
action, or proceeding arising out of this Notice.
Termination
Tasting in Tongues reserves the right, without notice and in its sole
discretion at any time, to terminate your license to use this Web
site, to block or prevent future access to and use of this Web site,
and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this Notice and shall not affect the validity and enforceability
of any remaining provisions.