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Terms of Use BY SIGNING UP FOR THIS SERVICE, AND/OR BY 1. General Rules of Use. 1.1 These Terms of Use govern your access to and use of the web site www.thedailysauce.com (“Web site”) and all e-mails (“E-mails”) obtained through TheDailySauce.com e-mail service (“Service”), regardless of the manner in which you access the Web site and E-mails and regardless of whether you have formally subscribed to the Service. 1.2 You are hereby granted the right and license to access, download, read, and make hard-copy printouts of the Web site and E-mails for your personal, non-commercial purposes in accordance with the other Terms of Use set forth herein. 1.3 You further are granted the right and license to forward E-Mails to others for their personal, non-commercial purposes in accordance with the other Terms of Use set forth herein, provided you first advise your intended recipients of the existence of these Terms of Use and of their obligation to agree to and abide by these Terms of Use. 1.4 Except as expressly permitted under Sections 1.2 and 1.3 above, you may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer, sale or license of, create new works from, perform, or in any other way exploit, any portion of the Web site or any E-mail in whole or in part, without the express written consent of the owner of TheDailySauce.com, Bent Mind Creative Group, LLC (hereinafter simply “TheDailySauce.com”). The Web site and E-mails are intended for non-commercial use only, and any commercial use of the Web site or E-mails is expressly prohibited without the express written consent of TheDailySauce.com. 1.5 To request written consent to use the Web site or any E-mail in a manner not expressly permitted under Sections 1.2 and 1.3 above, please write or fax TheDailySauce.com at: Bent Mind Creative Group, LLC Please include your phone number, contact information and a detailed description of your proposed usage. 2. Intellectual Property. 2.1 Except for the license granted herein, all right, title and interest in the Web site and E-mails, (including, without limitation, all copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity rights and all other intellectual property rights therein), are and shall continue to be the exclusive property of TheDailySauce.com, its affiliates and/or licensors. 2.2 You shall abide by all intellectual property notices, information and/or restrictions contained in the Web site and E-mails. 2.3 If you download or copy from the Web site and/or E-mails (which, once again, is permitted only for personal, non-commercial use), you shall maintain all intellectual property and other notices contained therein. 3. Subscribing and Unsubscribing. 3.1 As part of the registration process, you shall provide us with certain registration information. All such information shall be accurate and complete. You shall notify TheDailySauce.com promptly of any changes in such information. In addition, you hereby specifically represent and warrant that you are at least thirteen years old. 3.2 If at any time you become unwilling to abide by these Terms of Use, you shall immediately (a) refrain from accessing and otherwise using the Web site and E-mails and (b) terminate your subscription to the Service by affirmatively following the unsubscribe procedure at the Web site. 4. Links. 4.1 The Web site and E-mails may contain links to other Internet sites and resources (“Third Party Sites”). TheDailySauce.com is not responsible for the availability of these Third Party Sites or the contents thereof. The presence of links to these Third Party Sites does not imply TheDailySauce.com’s endorsement of or affiliation with the Third Party Sites. Your use of these Third Party Sites is at your sole risk, and you are solely responsible for compliance with the terms and obligations applicable to the Third Party Sites. 5. Disclaimer of Warranties, Limitations of Liability and Indemnification. 5.1 THEDAILYSAUCE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND E-MAILS. ACCORDINGLY, THE WEB SITE AND E-MAILS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THEDAILYSAUCE.COM MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (I) THAT YOUR ACCESS TO THE WEB SITE AND E-MAILS WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES, WORMS, TROJAN HORSES OR ANY SIMILAR INVASIVE OR DESTRUCTIVE FORCES, OR (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND E-MAILS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE AND E-MAILS IS AT YOUR SOLE RISK. 5.2 IN NO EVENT SHALL THEDAILYSAUCE.COM OR ANY PERSON OR ENTITY AFFILIATED WITH THEDAILYSAUCE.COM BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE, THE WEB SITE OR ANY E-MAILS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5.3 You hereby agree to indemnify, defend and hold harmless TheDailySauce.com and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (and any user of your account and recipient to whom you have forwarded E-mails) of these Terms and Conditions. TheDailySauce.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs. 6. Modifications in Service and Terms of Use. 6.1 TheDailySauce.com may change, suspend or discontinue its Service at any time in its sole discretion. 6.2 THEDAILYSAUCE.COM MAY AMEND THESE TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH CHANGES TO THESE TERMS OF USE WILL BE POSTED ON THE WEB SITE AND/OR IN E-MAILS AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY ACCESSING, READING OR OTHERWISE USING THE WEB SITE AND ANY E-MAIL AFTER THEDAILYSAUCE.COM POSTS ANY SUCH CHANGES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS AMENDED. 7. Miscellaneous. 7.1 These Terms of Use shall be construed and enforced in accordance with the laws of the State of Missouri. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in the City of St. Louis, Missouri. 7.2 If any provision of these Terms of Use is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of these Terms of Use shall not be affected. 7.3 Failure to enforce any provision of these Terms of Use shall not constitute a waiver of the right later to enforce it. |
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