Last updated: August 25, 2006
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Responsibility for Postings lies with each user – you alone are responsible for the content of your Postings and the consequences of any such Postings. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content, including but not limited to text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant Kitchens.com and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity.
By submitting a Posting, you hereby authorize Kitchens.com and other users to use, reproduce, modify and distribute your Postings, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, either alone or together or as part of other material of any kind or nature. Without limiting the foregoing, Kitchens.com will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that Kitchens.com may determine in its sole discretion. You further agree that Kitchens.com may identify you as the author of any of your Postings by name, email address or screen name as Kitchens.com sees appropriate.
- violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, indecent, profane, obscene, or any other information that Kitchens.com deems in its sole discretion to be inappropriate for this Site;
- victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- harms minors in any way;
- impersonates any person, business or entity (including but not limited to a Kitchens.com official, discussion group moderator or other forum leader, guide or host), or in any way falsely states or misrepresents your affiliation with a person or entity;
- involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
- contains viruses or any other computer code, files or programs that interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of this Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- is intended to promote and/or generate revenue for any third party business activity; or
For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f*cK") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting or otherwise on Kitchens.com. Kitchens.com reserves the right to delete any such material from this Site.
No Spam. Users are prohibited from using this Site for chain letters, junk mail, spamming, or unauthorized commercial activities of any kind. You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your access to or use of this Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
Content Contributed to this Site by Third Parties. Although Kitchens.com may from time to time periodically monitor the content posted on this Site, we are under no obligation to do so. You acknowledge that Kitchens.com does not represent or endorse the accuracy or reliability of any Posting, advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators, bloggers, diarists and other forum leaders, guides and hosts are not authorized Kitchens.com spokespersons, and their views do not necessarily reflect those of Kitchens.com. Kitchens.com cannot and shall not be responsible for the views or opinions expressed by any third parties. Any Posting, advice, opinions, statements, suggestions, services, offers or other information or content presented or disseminated by third parties via this Site are those of their respective authors who are solely liable for their content. Your reliance upon any such Posting, advice, opinion, statement, suggestion or information shall be at your sole risk.
Notice and Procedure for Making Claims of Infringement. Kitchens.com respects the intellectual property of others, and we ask our users to do the same. If you believe your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement, which includes instructions on how to contact us to report possible copyright infringement by our users. ALL INQUIRIES NOT RELATING TO SUCH A CLAIM WILL NOT RECEIVE A RESPONSE.
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Accuracy of Information. While Kitchens.com uses reasonable efforts to furnish accurate and up-to-date information, Kitchens.com does not warrant that any information contained in or made available through this Site (including, without limitation, any information provided directly by representatives of Kitchens.com, whether through newsletters, blogs, message boards, diaries or otherwise) is accurate, complete, reliable, current or error-free. Kitchens.com assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.
Disclaimer of Warranties and Limitations of Liability. THIS SITE IS PROVIDED BY KITCHENS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KITCHENS.COM AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KITCHENS.COM AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. KITCHENS.COM DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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Feedback and Other Submissions. All comments, feedback, suggestions, ideas and similar submissions furnished to Kitchens.com in connection with your use of this Site shall be deemed assigned to and shall remain the exclusive property of Kitchens.com. No such submissions shall be subject to any obligation of confidence on the part of Kitchens.com, and Kitchens.com shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to Kitchens.com and agree that you will not submit any information unless you are legally entitled to do so.
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Minors. This Site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING KITCHENS.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY OUR USERS. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service) to the contact listed below. You will not receive a response if sent to that contact.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Kitchens.com, a division of WorldView Technologies, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Kimberly Sweet
Full Address of Designated Agent to Which Notification Should be Sent: Kitchens.com, 4611 N. Ravenswood Ave., Suite 101, Chicago, IL 60640
Telephone Number of Designated Agent: (773) 769-8400
Facsimile Number of Designated Agent: (773) 769-8401
E-mail Address of Designated Agent: firstname.lastname@example.org
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied; etc.);
- A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
- Your address, telephone number and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.