Terms Of Service
The site you are viewing is a member of the Kayecee LLC Network.DEFINITIONS FOR TERMS OF USE SECTION
Kayecee LLC refers to the company itself, its employees, its owners, and its websites.
Submission refers to any recipe, comment, video, photograph, audio, product, service, or any other form of transmission or materials given to, sent to, or posted on any Kayecee LLC website.
OWNERSHIP OF SUBMISSIONS
By transmitting submissions, whether unsolicited or solicited, to Kayecee LLC, you are granting the company a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to you for such use. Kayecee LLC also has the right, but not the obligation, to use your name, city, and state in connection with broadcast, print, online, or other use or publication of your submission. All submissions become the property of Kayecee LLC and may be edited for use.
SOLICITED INFORMATION
At times, Kayecee LLC may solicit from visitors various types of information. For information on how this information will be used, please read our Privacy Policy and any notices of planned use posted where we solicit the information. Your provision of information in response to such a solicitation when informed of the planned use is a grant by you to the company of a royalty-free, nonexclusive, perpetual, unrestricted, worldwide right and license to use the information as planned. We do not sell your personal information.
UNSOLICITED SUBMISSIONS
Although comments and questions are welcomed, Kayecee LLC does not accept unsolicited submissions or creative ideas for its company programs or products. Accordingly, any unsolicited submissions will become, and remain, the property of the company. Furthermore, Kayecee LLC is not responsible for the confidentiality of any submission.
RECIPE USE
As with all recipes and food products, please be aware that you, other persons, or animals who consume prepared recipe(s) or recommended food item(s) may have certain allergies to certain ingredients. Review a recipe or food item carefully to ensure that it is free of any product that you, other persons, or animals who shall consume prepared recipe(s) or food item(s) may be allergic to. By using a Kayecee LLC site, you absolve Kayecee LLC, its employees, its writers, its owners, its affiliates, and the recipe authors, from any responsibility for any adverse effects to any recipe(s) that you choose to make or food item(s) that you choose to purchase.
CONTRIBUTIONS
Any parties submitting recipes, comments, or materials, whether unsolicited or solicited, to be posted for inclusion in a Kayecee LLC Recipe Center or submitted to Kayecee LLC in any manner for any reason are responsible for the reliability, accuracy, and truthfulness of such material. Such matters are beyond the control of Kayecee LLC and Kayecee LLC cannot be held liable for submissions. Similarly, the company has no control over whether such material is of a nature that users will find inoffensive, tasteful, and otherwise acceptable and expressly disclaims any responsibility for such material.
With respect to any recipes, comments, or other materials you elect to post or submit for inclusion in a Kayecee LLC Recipe Center or website, you grant to Kayecee LLC, simultaneous with such posting, the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
CONDUCT
You may not post or transmit any material or content on or through the Site:
*that violates or infringes in any way upon the rights of others;
*that is protected by copyright, trademark, trade secret or any other proprietary right;
*that expresses or implies that any statements you make are endorsed by us, without our prior written consent;
*that solicits, encourages, or promotes the use of illegal substances or activities;
*which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, fraudulent or tortuous, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
*that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the Site:
*advertising or commercial solicitations;
*political campaign materials; chain letters; mass mailings; spam mail;
*promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
*software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
*any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents
You may not:
*engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as hacking, tracking, spoofing, or defacing any portion of the Site;
*interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
*harvest or collect information about Site visitors or Members without their express consent.
*create a database by systematically downloading and storing Site content;
*frame or mirror any part of the Site without our prior written consent;
*use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
*reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
You also agree to indemnify Kayecee LLC for any claims or suits arising from your posting of such material anywhere on our site(s).
Kayecee LLC reserves the right to monitor and delete any postings deemed inconsistent with its policies. Kayecee LLC also reserves the right to, at our discretion, terminate the registration of any user who violates any of the Terms & Conditions. If you are aware of any such material posted on a website owned by Kayecee LLC please contact us at editor (at) kayecee.com. Please provide as much detail as possible, including a copy of the underlying material, the location where the company may find it, the reason(s) such postings should be removed, and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us.
PRODUCT REVIEWS AND AWARDS
Kayecee LLC may use products, services, or other materials provided by, purchased from, or otherwise obtained from third party companies in order to write an evaluation of or present an award to websites or said product, service, or materials. All reviews or awards given on products/services/materials/websites are the personal opinions of the writers at Kayecee LLC or writers contracted by Kayecee LLC. Kayecee LLC can not be held liable for negative comments or reviews. Whether solicited or unsolicited, submitting a product, service, or materials to Kayecee LLC for review or consideration for an award does not guarantee a favorable review or the granting of an award by Kayecee LLC. Kayecee LLC is under no obligation to review or grant awards to any submissions, solicited or unsolicited.
Kayecee LLC does not guarantee users that they will experience the same results obtained by Kayecee LLC from third party entities. Reviews, recommendations, and awards are based solely upon opinions of the writers at Kayecee LLC based upon results and observations of materials/services at the time of evaluation. Kayecee LLC reserves the right to re-evaluate any third party entity or their products/services/materials at a later date and change our opinion.
TERMINATION
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating any Kayecee LLC Site, or (3) any content available through any Kayecee LLC Site or any change therein, is to stop visiting and using the Site. We may terminate your use of any or all Kayecee LLC Sites, including without limitation, your membership in the Site(s), at any time, in our sole discretion. Upon any such termination, your right to use the Site(s) will immediately cease. You agree that any termination of your access to or use of the Site(s) may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site(s) or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
THIRD PARTY SITES
The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Kayecee LLC. Neither Kayecee LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. [The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia), or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.]
We reserve the right to limit the availability of the Site and/or the provision of any service, program, materials, or other product described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, materials, or other product provided.
SWEEPSTAKES, CONTESTS AND GAMES
Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Terms of Service, governs any information you submit in connection with such sweepstakes, contests, and games.
COPYRIGHT
Copyright 2006-2008 Kayecee LLC- All rights reserved.
This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the site Content). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. Kayecee LLC and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content.
TRADEMARKS OWNED BY KAYECEE LLC
"Kayecee", "Kayecee and Company", "In The Kitchen With Kayecee", "Kayecee Recipe Center", "Kayecee and Company Recipe Center", "Kayecee's Corner", "Kayecee's Crew", "POD For You", "Red Shoe Hosting", "Let's Get Political", "The MaterniTees", "The SporTees", and "People You Love... Moments You Treasure..." are trademarks and/or service marks of Kayecee LLC and/or its subsidiaries. Other trademarks and service marks may be posted at pertinent websites owned by Kayecee LLC.
Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of Kayecee LLC. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Kayecee LLC's trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.
All trademarks and copyrights are the property of their respective owners.
FILTERING
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.htm.
Please note that Kayecee LLC does not endorse any of the products or services listed at said sites.
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Misc.
This Terms of Service is governed by and construed in accordance with the laws of the State of Arkansas, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Mississippi, located in Blytheville, AR, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Service agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Terms of Service is not assignable, transferable or sublicensable by you except with Kayecee LLC's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Kayecee LLC reserves the right to change the Terms and Conditions of use at any time without notification.
Please view our Privacy Notice for further terms and conditions.
