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Legal Notice
last updated: 2/11/2007
This is PepperClip.com (the "Website"). You are advised to read this Terms and Conditions of Use Notice ("Notice") carefully before using the Website. When viewing or using this Website, you agree to the terms and conditions in this Notice. This Legal Notice applies exclusively to your access and use of this Website and does not alter in any way the terms or conditions of any other agreement you may have with PepperClip.com
We reserve the right in our sole discretion to change, modify, add or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated notice on our Website and changing the "last updated" date listed above. We encourage you to review our Notice each time you visit our Site to see if it has been updated since your last visit.
Privacy Policy
PepperClip.com believes strongly in protecting user privacy. Users of this Website should refer to PepperClip.com's Privacy Policy before providing any information.
Proprietary Rights
I. Copyrights
Most Website materials, including the PepperClip.com logo, design, ingredient database and most other content are either ALL RIGHTS RESERVED Copyright 2007 PepperClip.com unless noted otherwize below. Logo design and food images were done by the web design company Nododesign. The recipes in Pepperclip.com are all provided by the website users and we do not claim any rights on recipe contents. If a recipe is provided from some online or printed recipe source you are encouraged to include the source if you wish. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains provided that you keep all copyright or other proprietary notices intact.
II. Trademarks
PepperClip.com and all other trademarks on this Website may not be copied, imitated or used, in whole or in part, without the prior written permission of PepperClip.com.
III. Credits
The following materials that exist in PepperClip.com are used under the generous permission of their owners:
Icons. Several great icons on our website are created by Mark James of famfamfam.com and used under the permission in the famfamfam.com legal notice and under a written permission from Mr.James via email. See http://www.famfamfam.com.
Hyperlinks
You can create a hyperlink to the homepage of this Website only, provided such link does not portray PepperClip.com 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.
Third-Party Content & Services
PepperClip.com may provide hyperlinks to third party sites and contents as a service to those interested in this information. PepperClip.com does not monitor nor does PepperClip.com have control over any third party Content. PepperClip.com does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
Submissions
By submitting, disclosing or offering any content, feedback, ideas, notes and other personal information, content or material to PepperClip.com, either online or offline and whether or not solicited by PepperClip.com, you hereby grant to PepperClip.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 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 any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by PepperClip.com to effect, perfect and confirm the license granted to PepperClip.com to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of PepperClip.com and PepperClip.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 PepperClip.com, we will include your user name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant PepperClip.com the right to use your user name in connection with the publication, use or posting of your Submitted Item.
User Conduct
This Website may include discussion forums or other interactive areas, including, but not limited to recipe storage and exchange areas. All such interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload to this website. You agree not to use the Website to do any of the following: Upload, post, email, 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, 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; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Without PepperClip.com's 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, 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.
Disclaimer
THIS WEBSITE 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 THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. PEPPERCLIP.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. PEPPERCLIP.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PEPPERCLIP.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
PepperClip.com reserves the right to change any and all Content contained on this 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 PepperClip.com.
Limitation of Liability
IN NO EVENT SHALL PEPPERCLIP.COM OR ITS 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, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF PEPPERCLIP.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.
Indemnification
You agree to defend, indemnify and hold harmless PepperClip.com and its 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.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Termination
PepperClip.com reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, 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.
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