inmamaskitchen.com member agreement
You can access this Agreement at any time from the
bottom of any page of the site.
This Membership Agreement sets forth
the terms and condition which apply to your use of In Mama's Kitchen Website
("IMK Website ") and any other product or service offered for
sale by IMK through the IMK Website. The right to use the IMK Website
and any other product or service offered by IMK through the Website is
personal to you and not transferable to any other person or entity.
- DEFINITIONS: "Service"
is the personalized online information and interactive service operated
by IMK on the World Wide Web of the Internet accessible through IMK
Website. "Member" means each person who registers to use any
of the products, services or features thereof, of the Service for which
registration is required or requested.
- GENERAL: IMK shall have the right
at any time to change or discontinue any aspect or feature of the Service,
including, but not limited to, content,hours of availability, registration
requirements and equipment needed for access or use.
- MEMBER CONDUCT.
A) The service shall be used for lawful purposes only. No material shall
be posted on or transmitted which violates or infringes in any way upon
the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane, indecent
or otherwise objectionable, which encourages conduct that would constitute
a criminal offense, gives rise to civil liability or otherwise violates
any law. Advertising or commercial solicitation may not be posted on
or transmitted through the Service by Members.
B) The Service contains copyrighted material, trademarks and other proprietary
information including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire content of the Service is
copyrighted as a collective work under the United States copyright laws.
No Member may modify, publish, transmit, participate in the transfer
or sale, create derivative work, or in any way exploit any of the content
of the Service, in whole or in part. No copying, redistribution, publication
or other commercial exploitation of downloaded material from the Service
will be permitted without the express-written permission of IMK. Each
Member acknowledges that he or she does not acquire any ownership rights
by downloading copyrighted material.
C) No material protected by copyright, trademark or other proprietary
right shall be uploaded, posted or otherwise made available by the Member
on the Service without the express permission of the owner of the copyright,
trademark other proprietary right and the burden of determining that
any material is not protected by copyright rests with the Member. The
Member shall be solely liable for any damages resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from
any uploading, posting or submission.
D) Each Member hereby grants to IMK a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
any material posted in the Service (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now
known or later developed.
E) Each Member shall provide IMK with accurate, complete and updated
information as to his or her name and e-mail address provided by Member
F)No Member may (i) select or use a Member name, password or e-mail
address of another person with the intent to impersonate that person;
(ii) use a Member name, password or e-mail address subject to the rights
of any person other than the Member without authorization; (iii) use
a Member name in violation of the intellectual property rights of any
person; or (iv) use a Member name that IMK, in its sole discretion,
G) The foregoing provisions of this Section are for the benefit of IMK,
its affiliates, and third-party content providers and licensors, if
any, and each shall have the right to assert and enforce such provisions
directly on its own behalf.
- THIRD-PARTY CONTENT. The Service
contains content supplied by parties other than IMK. Any opinions, advice,
statements, services,offers, or other information or content expressed
or made available by such parties, including information providers and
Members, are those of the respective author(s) or distributor(s) and
not of IMK. Neither IMK 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. In many
instances, the content available through the Service represents the
opinions and judgments of the respective information provider or Member,
and not of IMK
- DISCLAIMER OF WARRANTY; LIMITATION
A. EACH MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR
HER SOLE RISK. NEITHER IMK, ITS AFFILIATES NOR ANY OR THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY,
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY
INFORMATION, SERVICE,(OR MERCHANDISE) PROVIDED THROUGH THE SERVICE.
B. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT IMK IS NOT
RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD
PARTIES, INCLUDING MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH EACH MEMBER.
D. IN NO EVENT WILL IMK OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE Service BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
E. IMK NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE. UNDER NO
CIRCUMSTANCES WILL IMK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE
SERVICE. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT
AVAILABLE THROUGH THIS SERVICE.
IMK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED
BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY MEMBER AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH MEMBER SHOULD USE HIS
OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
F.MEMBER IS RESPONSIBLE FOR ENSURING THAT ANY MATERIAL PROVIDED TO IMK,
INCLUDING BUT NOT LIMITED TO TEXT, PHOTOGRAPHS AND SOUND, DOES NOT VIOLATE
THE COPYRIGHT, TRADEMARK, TRADE SECRET OR ANY OTHER PERSONAL OR PROPRIETARY
RIGHTS OF ANY THIRD PARTY, OR IS PROVIDED WITH THE PERMISSION OF THE
OWNER(S) OF SUCH RIGHTS
- REVIEW. IMK shall have the right,in
its sole discretion to edit, refuse to post or reject any material submitted
to the site for publication.
- INDEMNIFICATION. Each Member agrees
to defend, indemnify, and hold harmless IMK, its affiliates, and its
third party service providers and their respective directors, officers,
employees, and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of the Service by such Member.
- TERMINATION. Either IMK or Member
may terminate this Agreement for any reason and at any time.
- CHANGED TERMS. IMK shall have the
right at any time to impose, change or discontinue its other terms and
conditions applicable to use of the Service, or to impose new terms
and conditions. Such changes, modifications, additions, or deletions
shall be effective immediately upon notice thereof, which may be given
by any reasonable means including, but not limited to, posting on the
Service a revised version of this Agreement. Any use of the Service
by the Member after such notice shall conclusively be deemed to constitute
acceptance by the Member of such changes,modifications additions, or
deletions. The Member agrees to review the terms and conditions periodically
to be aware of such revisions.
- SECURITY. IMK takes reasonable
precautions to safeguard information transmitted between the Site and
its Members, however, we are not able to prevent unauthorized access
to such information by third parties. Members acknowledge this risk
when communicating with the Site.
- PRIVACY. See
- MISCELLANEOUS. This agreement and
any operating rules for the Service established by IMK constitute the
entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the State of New York, without regard
to its conflict of laws rules. 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. The subject headings used herein are
for convenience only and shall not be given any legal import.
Although you can copy any part of this web site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the web site into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our web site unless you have a license from us to do so. That also means that In Mamas Kitchen retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
collects personal identifying information about individuals when knowingly
provided by such individuals. IMK uses this information to provide Members
with the service requested by Members. From time to time, such information
may be provided to reputable third parties. IF YOU DO NOT WISH TO HAVE
YOUR INFORMATION SHARED, WRITE TO US AT email@example.com and include
your name, address, and e-mail.
When you voluntarily disclose personal
information, such information can be collected and used by others and
may result in unsolicited messages.
COOKIES: We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, you may opt out of cookies.
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of their parents before disclosing any information over the Internet.
from time to time; notice of changes will appear on this page.
inmamaskitchen.com is maintained by
In Mama's Kitchen, Inc.. The address is 475 FDR Drive #L-1103, New York,
New York 10002. IMK can also be reached by e-mail at firstname.lastname@example.org.