Terms of Use
 Effective Date: October 24, 2008
Right to Monitor and Remove User Content. You understand that we have the right (but not the obligation) to monitor User Content and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms of Use or for any other reason. Ownership of User Content. The User Content you provide to us shall be and remain exclusively our property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your User Content. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your User Content as confidential. By providing User Content to us, you are agreeing to these terms; representing and warranting to us that the User Content you provide is your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights. Third-Party Content Some of the articles, columns, information, and other materials available through our Sites are provided to us by third parties (other than visitors to our Sites). Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable. The opinions expressed in these materials are strictly those of the authors and do not necessary reflect our views or opinions. Agent to Receive Notification of Claimed Infringement We do not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through one of this Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site or any other Site infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html. Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
Your notice must be signed (physically or electronically) and must be addressed as follows: Sarah L. Nelsen Corporate Attorney 1 Hormel Place Austin, MN 55912 Phone: 507-437-5936 Fax: 507-437-5838 E-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Trademarks You may not use any of the trademarks displayed on our Sites without the prior express written permission of the trademark owner. The trademarks owned or licensed by Hormel Foods, LLC or its affiliates include: ALWAYS MAKE IT YOUR BEST; ALWAYS TENDER; AMERICAN CLASSICS; AUSTIN BLUES; BANGKOK PADANG; BLACK LABEL; BREAD READY; BÚFALO; CAFÉ H; CHI-CHI'S; COMPLEATS; CURE 81; CUREMASTER; DAN'S PRIZE; DI LUSSO; DINTY MOORE; DOÑA MARIA; DUBUQUE; FARMER JOHN; FAST 'N EASY; HAND-PINCHED STYLE; HERB-OX; HERDEZ; HIBACHI GRILL; HOMELAND; HORMEL; HOUSE OF TSANG; JENNIE-O TURKEY STORE; KID'S KITCHEN; LAYOUT; LITTLE SIZZLERS; LLOYD'S; MAGNIFOODS; MANNY'S; MARRAKESH EXPRESS; MARY KITCHEN; NATURAL CHOICE; NATURASELECT; OLD SMOKEHOUSE; PELOPONNESE; PILLOW PACK; PREMORO; PREP CHEF; RANGE BRAND; RICO OLE'; ROSA GRANDE; SAAG'S; SANDWICH MAKER; SAUCY BLUES; SPAM; SPAMTASTIC; STAGG; TEZZATA; THICK & EASY; VALLEY FRESH; WRANGLERS. DISCLAIMER OF WARRANTIES OUR SITES AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITES AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITES; (D) THAT THE CONTENT OF OUR SITES IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT. ALTHOUGH WE PROVIDE RULES FOR USER CONTENT, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR SITES OR IN CONNECTION WITH YOUR USE OF OUR SITES. UNDER NO CIRCUMSTANCES, SHALL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OUR AUTHORIZED REPRESENTATIVE OR THE AUTHORIZED REPRESENTATIVE OF ONE OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO US OR THE APPLICABLE AFFILIATE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Password Protected Areas of Our Sites For your protection, certain areas of our Sites are password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Sites using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on our Sites. Links to Other Web Sites. We operate many different Web sites, each with its own content, features, and functionality. Each of our Web sites serves a different purpose. For this reason, not all of our Web sites are governed by these Terms of Use. When you use a link on one of this Site to access another one of our Web sites, please take a minute to review the privacy policy posted on that Web site. Use of This Site Outside the United States This Site is intended for use by individuals who reside within the United States and has been designed to comply with United States law. We do not represent that this Site or the Content, products, or services made available through this Site are appropriate for locations outside the United States, nor that this Site or the Content, products or services made available through this Site complies with the laws of any other country. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws. Interpretation As used in these Terms of Use, the term “including” means “including, but not limited to.” Waiver Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use. Severability If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect. Governing Law, Jurisdiction and Venue Our headquarters are located in Austin, Minnesota, USA. These Terms of Use shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in the State of Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Entire Agreement These Terms of Use contain the entire understanding and agreement between you and us with respect to the Services and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to the subject matter of these Terms of Use. |
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