Terms & Conditions
Last updated: September 17, 2008
Welcome to HowToGarnish.com (the "Web site").
Please read this Terms & Conditions notice ("Notice") carefully before using the Web site. By viewing or otherwise using this Web site,
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time.
We will provide notice of such changes only by posting the updated notice on our Web site and changing the 'last updated' date listed above.
This Notice applies exclusively to your access to, interaction with, and use of this Web site and does not alter in any way the terms or
conditions of any other agreement you might have with HowToGarnish.com owners ("HowToGarnish") for products, services, or otherwise.
We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.
All Web site materials, including, without limitation, the HowToGarnish logos, design, text, graphics,
other files, and the selection and arrangement thereof (collectively, "Content") are either All Rights Reserved Copyright
© 2008 HowToGarnish.com or are the proprietary property of HowToGarnish.com owners. You may electronically copy
and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and
non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content,
including any commercial use, reproduction for purposes other than described above, modification, distribution, republication,
display, or performance, without the prior written permission of HowToGarnish.com, is strictly prohibited.
You are granted a limited, nonexclusive right to create hyperlinks to the homepage or any page of this Web site,
provided such link does not portray HowToGarnish.com or any of its products and 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
HowToGarnish trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text,
or the layout/design of any page or form contained on any page of the Web site, without HowToGarnish’s 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 HowToGarnish or any third party.
Third-Party Content & Services
HowToGarnish may provide hyperlinks to sites such as search engines and content of third parties ("Third-Party Content") as a service
to those interested in this information. HowToGarnish does not monitor nor does HowToGarnish have control over any Third-Party Content.
HowToGarnish does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness.
HowToGarnish does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review,
any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
By submitting, disclosing, or offering any garnish tip, review, photograph, image, video, comments, feedback,
suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a "Submitted Item")
to HowToGarnish, either online or offline and whether or not solicited by HowToGarnish, you hereby grant to HowToGarnish 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 (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 HowToGarnish's expense, any further action (including,
without limitation, execution of affidavits and other documents) reasonably requested by HowToGarnish to effect, perfect, and
confirm the license granted to HowToGarnish to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of HowToGarnish and HowToGarnish is under no obligation to
publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by
HowToGarnish, we may include your name in conjunction with such publication, posting, or use. By submitting, disclosing,
or offering a Submitted Item, you hereby grant HowToGarnish 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 e-mail address with your Submitted Item so we can
contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be
published with your Submitted Item.
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and
recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes.
You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site.
You agree not to use the Web site to do any of the following:
- Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that we
deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- 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;
- Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret,
copyright, or other intellectual or proprietary right of any party;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Without HowToGarnish’s 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;
- Harm minors in any way; or
- Upload, post, e-mail, 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.
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. HOWTOGARNISH DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. HOWTOGARNISH DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. HOWTOGARNISH DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
HowToGarnish reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by HowToGarnish.
Limitation of Liability
IN NO EVENT SHALL HOWTOGARNISH OR ITS 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, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS
WEB SITE, EVEN IF HOWTOGARNISH 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 might not apply to you.
You agree to defend, indemnify and hold harmless HowToGarnish and its 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 Web site 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.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and
for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject
us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and
Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the
law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property,
or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF
THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
These terms and conditions shall be governed by and construed in accordance with the laws of the Czech Republic, without
regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms
and conditions shall be filed only in courts residing in the Czech Republic, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
HowToGarnish reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this
Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this Notice, the practices of this Web site, or your dealings with this Web site,
please contact us at CustomerRelations@HowToGarnish.com.