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THEMEASURINGCUP.COM :: TERMS AND CONDITIONS
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Last Updated: 5/31/2006

Welcome to TheMeasuringCup.com (the "Website"). Please read this Terms and Conditions of Use Notice ("Notice") carefully before using the Website. By viewing or otherwise using this Website, you agree to the terms and conditions in this Notice.
 
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 Website and changing the "last updated" date listed above. This Notice applies exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may have with TheMeasuringCup.com. ("TheMeasuringCup.com") 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.

Privacy Policy
TheMeasuringCup.com believes strongly in protecting user privacy. TheMeasuringCup.com has therefore adopted a Privacy Policy. Users of this Website should refer to TheMeasuringCup.com's Privacy Policy, available for viewing here, before providing any information.

Proprietary Rights

I. Copyrights
All Website materials, including, without limitation, the TheMeasuringCup.com logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are either ALL RIGHTS RESERVED Copyright � 2006 TheMeasuringCup.com or are the proprietary property of TheMeasuringCup.com's affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that 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 TheMeasuringCup.com is strictly prohibited.

II. Trademarks
"TheMeasuringCup.com," and all other trademarks on this Website are either trademarks or registered trademarks of TheMeasuringCup.com and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TheMeasuringCup.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TheMeasuringCup.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TheMeasuringCup.com. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

TheMeasuringCup.com may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray TheMeasuringCup.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 TheMeasuringCup.com logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without TheMeasuringCup.com'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 copyright or proprietary right of TheMeasuringCup.com or any third party.

Third-Party Content & Services
TheMeasuringCup.com may provide hyperlinks to sites and content of third parties ("Third-Party Content") as a service to those interested in this information. TheMeasuringCup.com does not monitor nor does TheMeasuringCup.com have control over any Third-Party Content. TheMeasuringCup.com does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. TheMeasuringCup.com 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.

Submissions
By submitting, disclosing or offering any recipe, review, comments, feedback, suggestions, ideas, notes, concepts and other information, content or material, or other item (each, a "Submitted Item") to TheMeasuringCup.com, either online or offline and whether or not solicited by TheMeasuringCup.com, you hereby grant to TheMeasuringCup.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 TheMeasuringCup.com's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by TheMeasuringCup.com to effect, perfect and confirm the license granted to TheMeasuringCup.com to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of TheMeasuringCup.com and TheMeasuringCup.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 TheMeasuringCup.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 TheMeasuringCup.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.

User Conduct
This Website may 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 Website. You agree not to use the Website to do any of the following: 
Upload, post, email, 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, 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; 
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 
Without TheMeasuringCup.com'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, 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.

Disclaimer
THIS WEBSITE 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 THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. THEMEASURINGCUP.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. THEMEASURINGCUP.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THEMEASURINGCUP.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

TheMeasuringCup.com reserves the right to change any and all Content contained on this Website 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 TheMeasuringCup.com.

Limitation of Liability
IN NO EVENT SHALL THEMEASURINGCUP.COM 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 WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF THEMEASURINGCUP.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.

Indemnification
You agree to defend, indemnify and hold harmless TheMeasuringCup.com 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 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.

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 may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, 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 Website from fraudulent, abusive, or unlawful use of our Website. 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.

Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Lexington, Kentucky, 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.

Termination
TheMeasuringCup.com reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

Severability
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.

Contact Us
If you have any questions about this legal notice, the practices of this Website, or your dealings with this Website, please contact us at ContactUs@themeasuringcup.com.

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