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AGREEMENT BETWEEN USER AND Taffy',
legally owned by an Ohio Corporation known as Blue Moon Ventures, LLC;
hereafter referred to as "Taffy's".
The Taffy's Web Site is comprised of various Web pages
operated by Taffy's.
The Taffy's Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Taffy's Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Taffy's reserves the right to change the terms, conditions,
and notices under which the Taffy's Web Site is offered,
including but not limited to the charges associated with the use of the
Taffy's Web Site.
LINKS TO THIRD PARTY SITES
The Taffy's Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
Taffy's and Taffy's is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Taffy's is not responsible for webcasting or any other form
of transmission received from any Linked Site. Taffy's is
providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Taffy's of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Taffy's Web Site, you
warrant to Taffy's that you will not use the Taffy's Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Taffy's
Web Site in any manner which could damage, disable, overburden, or impair
the Taffy's Web Site or interfere with any other party's
use and enjoyment of the Taffy's Web Site. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Taffy's Web Sites.
USE OF COMMUNICATION SERVICES
The Taffy's Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received
all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Taffy's has no obligation to monitor the
Communication Services. However, Taffy's reserves the right
to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Taffy's reserves the
right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Taffy's reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Taffy's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Taffy's does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Taffy's specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized
Taffy's spokespersons, and their views do not necessarily
reflect those of Taffy's.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Taffy's OR
POSTED AT ANY Taffy's WEB SITE
Taffy's does not claim ownership of the materials you
provide to Taffy's (including feedback and suggestions) or
post, upload, input or submit to any Taffy's Web Site or
its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are
granting Taffy's, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Taffy's is under no obligation to post
or use any Submission you may provide and may remove any Submission at any
time in Taffy's's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Taffy's WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Taffy's AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Taffy's WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Taffy's WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Taffy's AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Taffy's WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Taffy's AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Taffy's AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Taffy's WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Taffy's WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Taffy's WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Taffy's WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Taffy's
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Taffy's WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Taffy's WEB SITE.
SERVICE CONTACT : click here
TERMINATION/ACCESS RESTRICTION
Taffy's reserves the right, in its sole discretion, to
terminate your access to the Taffy's Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Washington, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the
Taffy's Web Site. Use of the Taffy's Web
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Taffy's as a
result of this agreement or use of the Taffy's Web Site.
Taffy's's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of Taffy's's right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of the Taffy's Web Site or information provided
to or gathered by Taffy's with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and Taffy's with respect to the
Taffy's Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Taffy's with respect to the
Taffy's Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Taffy's Web Site are: Copyright 2007-2008 by Taffy's and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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