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CHEF TYLER STONE TERMS AND CONDITIONS OF USE OWNERSHIP Welcome to the Chef Tyler Stone ("CTS") website at http://www.cheftylerstone.com ("Site") which is owned by CTS Enterprises. This Site is operated by CTS and materials on the Site are primarily owned by CTS. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant, or some other form of agreement between the third party and CTS. CTS has created this Site for your personal enjoyment, entertainment, and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy, which constitute an Agreement between you and CTS. Please read these "Terms of Use" carefully. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@cheftylerstone.com. CTS reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@cheftylerstone.com with your concerns. ACCESS AND USE All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of CTS or unless expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, audio, photographs, or videos available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contact via email at info@cheftylerstone.com. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, text, photos, and videos. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away. LINKED SITES AND ADVERTISING If you are interested in creating hypertext links to this Site, you must contact CTS via email at info@cheftylerstone.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or CTS. If CTS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that CTS is connected with, operates, or controls these web sites. CTS is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with CTS. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement. DISCLAIMER OF LIABILITIES AND WARRANTIES While CTS does its best to ensure the optimal performance of this Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that CTS does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free, or reliable. You acknowledge that CTS is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, and communication line failures or for the theft, destruction, damage, or unauthorized access to your computer system or network. You acknowledge that CTS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct, or material transmitted by any means by any other person. You acknowledge that CTS is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use, or from your inability to use this Site. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may not apply to you. INDEMNITY You agree to defend, indemnify, and hold harmless CTS from and against all the liabilities, claims, damages, and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use this Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. SWEEPSTAKES AND/OR CONTESTS Sweepstakes, contests, games, and other promotions that run on CTS website may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. CTS may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by CTS to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the CTS Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. CTS requires proof of age in order for an individual to collect any prizes awarded. ASSIGNMENT If you submit content or materials to us in connection with a contest, promotion or in any other situation, we need to obtain certain rights in your submissions in order to consider their use or eligibility. You hereby grant and assign to us exclusively all rights of every kind and nature whatsoever in and to all contest and promotion submissions and in connection with other submissions, you hereby grant us a royalty-free, perpetual, sub-licensable, irrevocable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display any content, ideas, material and/or your name and likeness worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting ideas, projects and contest materials to the Site, you represent and warrant that we will not be liable for any use or disclosure thereof to any third party and you hereby agree to indemnify and hold us harmless from any claims or damage resulting there from. MISCELLANEOUS If any of these terms of use are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law. You agree that no joint venture, partnership, employment or agency relationship exists between you and CTS as a result of this agreement or your use of this Site. CTS s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CTS s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CTS with respect to such use. COPYRIGHTS © / TRADEMARKS ™ COPYRIGHT © 2011 CTS Enterprises. All rights reserved. All trademarks are owned by CTS or are used under license. All materials contained in this Site are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited. CONTACTING US If you have any questions about this agreement, please email us at info@cheftylerstone.com. Although CTS will in most circumstances be able to receive your email or other information provided through this Site, CTS does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email is typically not secure. GENERAL You agree that this agreement and your use of this Site are governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies or other dispute resolution organizations in the State of California in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effects to all provisions of this agreement. |