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Subscriber and Member Agreement
This Agreement sets forth the terms and conditions which apply to the use by you of the MyKosherHome.com site (as defined below) and any other subscription product or service offered for sale by MyKosherHome.com and/or its affiliates (collectively, "MyKosherHome.com"). The right to use any product or service offered by MyKosherHome.com is personal to you and is not transferable to any other person or entity.
1.Definitions.
"MyKosherHome.com" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by MyKosherHome.com on the World Wide Web. The MyKosherHome.com site consist of information services and content provided by MyKosherHome.com, affiliates of MyKosherHome.com and third parties. The term "user participation features" means the forums, feedbacks and other user participatory areas on MyKosherHome.com.
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3.General.
MyKosherHome.com shall have the right at any time to change or discontinue any aspect or feature of MyKosherHome.com. Items including, but not limited to, the user participation features, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on MyKosherHome.com a revised version of this Agreement or notification by electronic mail. Any use by you of any of the features of this site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
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5.Use of MyKosherHome.com user participation features.
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1.The user participation features shall be used for lawful purposes only. No material shall be posted on or transmitted through the forums or feedbacks 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. No conduct shall be undertaken that, in MyKosherHome.com’s judgment, restricts or inhibits any other user from using or enjoying these user participation features. Advertising or commercial solicitation may be posted on or transmitted through the user participation features but only with MyKosherHome.com’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by MyKosherHome.com.
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3. The MyKosherHome.com website contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of MyKosherHome.com are copyrighted as a collective work under the United States copyright laws. MyKosherHome.com is the owner of the copyright on its entire site. MyKosherHome.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of MyKosherHome.com or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from MyKosherHome.com. without the express permission of MyKosherHome.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the MyKosherHome.com, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
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5.You shall not upload, post or otherwise make available on the forum, feedback, or other user participation features any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
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7.You hereby grant to MyKosherHome.com and its respective affiliates worldwide, 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 message posted on the forum, feedback, or other user participation features and/or any e-mail sent by you to MyKosherHome.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
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9.You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that MyKosherHome.com considers to be offensive.
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11.You shall provide MyKosherHome.com with accurate, complete and updated information provided by you at the time of registration.
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13.MyKosherHome.com contains links to other web sites, resources and advertisers. MyKosherHome.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall MyKosherHome.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
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15.You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of MyKosherHome.com’s user participation features and all charges related thereto.
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17.The foregoing provisions of this Section 3 are for the benefit of MyKosherHome.com, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
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19.MyKosherHome.com has carefully designed the MyKosherHome.com website with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the MyKosherHome.com in any way that interferes with that purpose. In particular, MyKosherHome.com prohibits any party from displaying the content on MyKosherHome.com in any format where third party advertising or other materials that MyKosherHome.com did not authorize is viewed or viewable together with MyKosherHome.com’s proprietary content.
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7.Monitoring.
MyKosherHome.com shall have the right, but not the obligation, to monitor the content of the user participation features to determine compliance with this Agreement and any other operating rules that may be established by MyKosherHome.com from time to time. MyKosherHome.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the user participation features. Without limiting the foregoing, MyKosherHome.com shall have the right, but not the obligation, to remove any material that MyKosherHome.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of MyKosherHome.com, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither MyKosherHome.com nor any of its affiliates shall assume or have any liability for any action or inaction by MyKosherHome.com with respect to any conduct within the user participation features or any communication or posting on the user participation features.
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9.Disclaimer of Warranty; Limitation of Liability
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1.YOU EXPRESSLY AGREE THAT USE OF THE USER PARTICIPATION FEATURES AND MYKOSHERHOME.COM IS AT YOUR SOLE RISK. NEITHER MYKOSHERHOME.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MYKOSHERHOME.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYKOSHERHOME.COM WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE USER PARTICIPATION FEATURES.
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3.MYKOSHERHOME.COM AND THE USER PARTICIPATION FEATURES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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.
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5.THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TIME INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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7.IN NO EVENT WILL MYKOSHERHOME.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MYKOSHERHOME.COM WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TIME INC. SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON MYKOSHERHOME.COM AND/OR THE USER PARTICIPATION FEATURES. MYKOSHERHOME.COM’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO MYKOSHERHOME.COM.
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9.MYKOSHERHOME.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE MYKOSHERHOME.COM WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE IN THE USER PARTICIPATION FEATURES BY ANYONE OTHER THAN AUTHORIZED MYKOSHERHOME.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MYKOSHERHOME.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE TIME INC. SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH MYKOSHERHOME.COM AND/OR THE USER PARTICIPATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
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11.MYKOSHERHOME.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH MYKOSHERHOME.COM AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. MYKOSHERHOME.COM MAKES PRODUCTS OR SERVICES AVAILABLE ON MYKOSHERHOME.COM WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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.
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11.Indemnification.
You agree to defend, indemnify and hold harmless MyKosherHome.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of MyKosherHome.com and/or the user participation features.
12. Dispute Resolution: It is further agreed that in the event of a dispute or controversy of every kind or nature between the parties to this agreement arising out of or in connection with this agreement or the services being performed pursuant to this agreement, the parties shall submit any outstanding differences, disputes, or controversies to binding arbitration in Houston, Harris County, Texas with the American Arbitration Association ("AAA") or to a court of competent jurisdiction within Houston, Harris County, Texas and that any such difference, dispute, or controversy shall be decided solely in accordance with applicable Texas law.
13.Termination.
MyKosherHome.com shall have the right to immediately terminate this Agreement with respect to any user which MyKosherHome.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination of this Agreement.
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15.Trademarks.
All trademarks appearing on MyKosherHome.com are the property of their respective owners, including, in some instances, MyKosherHome.com.
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17.Subscription Services; Products.
18.(a) Subscription Services. MyKosherHome.com makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by MyKosherHome.com on the MyKosherHome.com website (the "Subscription"):
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20.(b) Products and Other Services. With respect to products and services offered for sale by MyKosherHome.com and third parties or through the MyKosherHome.com: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
21. Return Policy for items purchased directly through the MyKosherHome Shopping Cart. Customers who have purchased an item via credit card through the MyKosherHome Shopping Cart and wish to return the item will receive a refund of the purchase price less shipping charges (if any) via their credit card upon receipt of the item intact by the shipping vendor. Shipping charges both ways will be the responsibility of the customer. Items lost or damaged in shipping will receive a full refund, subject to confirmation by the shipping company.
22.Miscellaneous.
This Agreement and any operating rules for MyKosherHome.com and the user participation features established by MyKosherHome.com 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 Texas, 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 section headings used herein are for convenience only and shall not be given any legal import.
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Subscriber and Member Agreement revised 9/4/2007
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