Here is the Terms of Service of FullTummy. When you are
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the FullTummy site.
1. ACCEPTANCE OF TERMS
Welcome to FullTummy. FullTummy provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time. In addition, when using particular FullTummy services, you and FullTummy
shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Fulltummy also may offer other
services from time to time that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
FullTummy currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums, shopping
services, personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
FullTummy properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that FullTummy assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or FullTummy has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, FullTummy has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). FullTummy is concerned about the safety and privacy of all its
users, particularly children. When you create a FullTummy Account and add your
child to the account, you certify that you are at least 18 years old and that
you are the legal guardian of the child/children listed on the FullTummy
Account. By adding a child to your FullTummy Account, you also give your child
permission to access all of the Services including, email, message boards,
clubs, instant messages and chat (among others). Please remember that the
Service is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for your child.
4. FullTummy PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full privacy policy
at http://privacy.FullTummy.com/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify FullTummy of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. FullTummy cannot and will not
be liable for any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means that
you, and not FullTummy, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
FullTummy does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will FullTummy be liable in
any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, a FullTummy official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for such
purpose;
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that FullTummy does not pre-screen Content,
but that FullTummy and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, FullTummy and its
designees shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by FullTummy or submitted to
FullTummy, including without limitation information in FullTummy Message Boards,
FullTummy Clubs, and in all other parts of the Service.
You acknowledge and agree that FullTummy may preserve Content
and may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of FullTummy, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
FullTummy does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the
Service, you grant FullTummy the following world-wide, royalty free and
non-exclusive license(s), as applicable:
With respect to Content you submit or make available for
inclusion on publicly accessible areas of FullTummy Clubs and FullTummy Groups,
the license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of
providing and promoting the specific FullTummy Club or FullTummy Group to which
such Content was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or FullTummy removes such Content from the
Service.
With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area of the Service other
than FullTummy Clubs or FullTummy Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove or
FullTummy removes such Content from the Service.
With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly accessible areas of
the Service other than FullTummy Clubs or FullTummy Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of
the FullTummy network of properties that are intended by FullTummy to be
available to the general public. By way of example, publicly accessible areas of
the Service would include FullTummy Message Boards and portions of FullTummy
Clubs and FullTummy Groups that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of FullTummy
Clubs and FullTummy Groups that are limited to members, FullTummy services
intended for private communication such as FullTummy Mail or FullTummy
Messenger, or areas off of the FullTummy network of properties such as portions
of World Wide Web sites that are accessible through FullTummy Webring but are
not hosted or served by FullTummy.
9. INDEMNITY
You agree to indemnify and hold FullTummy, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FullTummy may establish general
practices and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
FullTummy's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that FullTummy has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that FullTummy
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that FullTummy reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
without notice.
12. MODIFICATIONS TO SERVICE
FullTummy reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that FullTummy shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that FullTummy, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if FullTummy believes that you
have violated or acted inconsistently with the letter or spirit of the TOS.
FullTummy may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that FullTummy may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that FullTummy shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that FullTummy shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
on the Service.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because FullTummy has no control
over such sites and resources, you acknowledge and agree that FullTummy is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that FullTummy shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. FULLTUMMY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
FullTummy or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
FullTummy grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by FullTummy for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FULLTUMMY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FULLTUMMY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM FULLTUMMY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FULLTUMMY SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FULLTUMMY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17
AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
FullTummy, the FullTummy logo, FullTummy in Chinese
Characters, Personal Kitchen Assistant, the Personal Kitchen Assistant design,
My FullTummy, and other FullTummy
logos and product and service names are trademarks of FullTummy Inc. (the
"FullTummy Marks"). Without FullTummy's prior permission, you agree not to
display or use in any manner, the FullTummy Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
FullTummy respects the intellectual property of others, and
we ask our users to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide FullTummy's
Copyright Agent the following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been
infringed;
a description of where the material that you claim is
infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
By mail:
Copyright Agent
c/o FullTummy Inc.
W291N3868 Round Hill Circle
Pewaukee, WI. 53072
By email: copyright@FullTummy.com
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
FullTummy and govern your use of the Service, superceding any prior agreements
between you and FullTummy. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and FullTummy
shall be governed by the laws of the State of Wisconsin without regard to its
conflict of law provisions. You and FullTummy agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Waukesha,
Wisconsin. The failure of FullTummy to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to our Customer Care
group.
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