Terms of Use
Effective Date: May 1, 2009
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. eWay group, Inc. ("Company" or "we," "our," or "us") owns or controls, and provides access to, CookingWithNonna.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through rachaelrayshow.com and that link to these TOU (collectively, "Web Site"). THESE TOU GOVERN YOUR USE OF THE WEB SITE. These TOU only apply to the Web Site, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these TOU by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE.
Table of Contents
• 1. Acceptance of Terms
• 2. Description of Web Site Services
• 3. Intellectual Property Ownership; License
• 4. Links To Other Web Sites
• 5. Our Linking Policy
• 6. Acceptable Use
• 7. User Accounts, Additional Terms & End User License Agreements
• 8. Promotions
• 9. Software
• 10. Copyrights & Copyright Agents
• 11. Third Party Content and Information
• 12. Information You Submit
• 13. Disclaimer of Warranties
• 14. Disclaimers/Limitation of Liability
• 15. Indemnity
• 16. Governing Law
• 17. Jurisdiction & Venue
• 18. Miscellaneous
• 19. Termination
1. Acceptance of Terms
Your use of the Web Site is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Site constitutes your acceptance of these TOU.
2. Description of Web Site Services
The Web Site currently provides or will provide in the near future its users with access to a rich collection of online resources, including, without limitation, various communications tools, online forums, shopping services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Company and/or the Web Site. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
3. Intellectual Property Ownership; License
The past, present and future Web Site content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including without limitation, the "look and feel" of the Web Site (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Site.
Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site's software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site creates to generate its web pages; or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.
4. Links To Other Web Sites
The Web Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Web Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Site. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Site is only providing these links to you as a convenience.
5. Our Linking Policy
Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Site; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion.
6. Acceptable Use
You will not use the Web Site to:
• 1. Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Site; (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; (vi) any material that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (vii) otherwise make available any material that exploits or harms any individual, corporation or other entity;
• 2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• 3. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• 4. Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
• 5. Use or attempt to use another's information, account, password, service or system except as expressly permitted; or
• 6. Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
7. User Accounts, Additional Terms, and End User License Agreements
Registration may be required for the use of certain portions of the Web Site (e.g., e-mail newsletters, fantasy, games, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, etc.). In some instances, these TOU and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Site. To the extent there is a conflict between these TOU and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Web Site using your name, user name or password in whole or in part.
8. Promotions
The Web Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
9. Software
Any software that we make available for download or use from the Web Site and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and Paragraph 7 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
10. Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
