ABOUTKASHA.COM Website and Newsletter Terms of Use Agreement

This document was last updated on 01/15/2007

Read This Terms of Use Agreement Before Accessing Website.

This “Terms of Use Agreement” sets forth the standards of use of the ABOUTKASHA.COM services “The Services” comprising of the ABOUTKASHA.COM website (“The Website”) and ABOUTKASHA.COM Newsletter (“The Newsletter)”. By using “The Services” you agree to the terms and conditions in this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of “The Services”.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Modifications shall become effective immediately upon being posted at ABOUTKASHA.COM website.  Your continued use of “The Services” after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Privacy Policy
ABOUTKASHA.COM strongly believes in protecting user privacy. ABOUTKASHA.COM has therefore adopted a Privacy Policy. Users of “The Services” should refer to ABOUTKASHA.COM Privacy Policy, available for viewing here, before providing any information

1.      Accessing “The Services”

You must provide (1)  all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection. 

2. Disclaimer

 YOU AGREE THAT YOUR USE OF “THE SERVICES” IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION PROVIDED THROUGH “THE SERVICES” AND THE UNIQUE NATURE OF EACH PERSON'S HEALTH NEEDS, YOU MAY EXPERIENCE OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE INFORMATION AND ADVICE PROVIDED. IF YOU RELY ON “THE SERVICES” OR ANY MATERIAL AVAILABLE THROUGH “THE SERVICES”, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR HEALTH THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH “THE WEBSITE” AND “THE NEWSLETTER”.

THE CONTENTS OF “THE WEBSITE” AND “THE NEWSLETTER”, SUCH AS TEXT, GRAPHICS, IMAGES, RECIPE RECOMMENDATIONS, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY HEALTH PROBLEM OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY SEEKING HELP BECAUSE OF SOMETHING YOU HAVE READ ON “THE WEBSITE” OR IN “THE NEWSLETTER”.

“THE SERVICES” AND THE CONTENT AVAILABLE THROUGH THEM 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 “THE SERVICES” AND/OR CONTENT AVAILABLE THROUGH “THE SERVICES” IS AT YOUR SOLE RISK. ABOUTKASHA.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. ABOUTKASHA.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON “THE WEBSITE” AND IN “THE NEWSLETTER” ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ABOUTKASHA.COM DOES NOT REPRESENT OR WARRANT THAT “THE WEBSITE”, “THE NEWSLETTER” OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF “THE SERVICES” AND CONTENT AVAILABLE THROUGH THEM IS AT YOUR SOLE RISK.

We reserve the right to change any and all Content contained on “The Website” and in “The Newsletter” 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 ABOUTKASHA.COM

3. Limitation of Liability

IN NO EVENT SHALL ABOUTKASHA.COM OR ITS OWNERS, 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 “THE SERVICES” OR CONTENT AVAILABLE THROUGH THEM, EVEN IF ABOUTKASHA.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. 

4. Indemnification

You agree to defend, indemnify and hold harmless ABOUTKASHA.COM and its owners, 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.

 5. User Conduct

You agree not to use “The Services” to do any of the following:

1.        Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that we deem to be unlawful, harmful, libelous, tortuous, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;

2.        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;

3.        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;

4.        Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

5.        Without ABOUTKASHA.COM 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;

6.        Harm minors in any way;

7.        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.

6.      Modifications and Interruption to “The Services”

We reserve the right to modify or discontinue “The Services” with or without notice. ABOUTKASHA.COM shall not be liable to you or any third party should ABOUTKASHA.COM exercise its right to modify or discontinue “The Services”. You acknowledge and accept that ABOUTKASHA.COM does not guarantee continuous, uninterrupted or secure access to “The Website” and “The Newsletter” and operation of “The Website” and “The Newsletter” may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7.      Third-Party Sites

“The Website” and “The Newsletter” may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

8.      Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. We may have an affiliate relationship with these vendors. Please read our "Affiliate Links Disclosure"

9.      Governing Jurisdiction of the Courts of Pennsylvania

“The Services” are operated and provided in the State of Pennsylvania. As such, we are subject to the laws of the State of Pennsylvania, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that “The Services” are appropriate, legal or available for use in other locations.  Accordingly, if you choose to use “The Services” you agree to do so subject to the internal laws of the State of Pennsylvania.

10.      Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use “The Services” in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11.  Copyright and Trademark Information

All content included or available through “The Services”, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 ABOUTKASHA.COM, with all rights reserved, or is the property of ABOUTKASHA.COM and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ABOUTKASHA.COM is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ABOUTKASHA.COM

ABOUTKASHA.COM is proprietary mark.  ABOUTKASHA.COM trademarks may not be used in connection with any product or service that is not provided by ABOUTKASHA.COM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ABOUTKASHA.COM

All other trademarks displayed on ABOUTKASHA.COM website or in ABOUTKASHA.COM news letter are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ABOUTKASHA.COM designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Email: webmaster@ABOUTKASHA.COM

12.  Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of “The Website” only, provided such link does not portray ABOUTKASHA.COM or “The Services” in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any ABOUTKASHA.COM logo or other proprietary information, including the images found at “The Website” or “The newsletter”, the content of any text or the layout/design of any page or form contained on any page of “The Website” or “The Newsletter”, without ABOUTKASHA.COM express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of ABOUTKASHA.COM or any third party

12. Submissions

By submitting, disclosing or offering any recipe, review, photograph, image, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”)  to ABOUTKASHA.COM, either online or offline and whether or not solicited by ABOUTKASHA.COM, you hereby grant to ABOUTKASHA.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 (including but not limited to print, film or electronic storage devices), 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, at ABOUTKASHA.COM’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by ABOUTKASHA.COM to effect, perfect and confirm the license granted to ABOUTKASHA.COM to your Submitted Item as set forth herein. 

Publication or use of any Submitted Items is at the sole discretion of ABOUTKASHA.COM and ABOUTKASHA.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 ABOUTKASHA.COM, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant ABOUTKASHA.COM the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.

13.  Other Terms