Appetitenet.Com ("AppetiteNet Website") AGREEMENT
BETWEEN AppetiteNet.com ("AppetiteNet Website") AND USER
Your use of the AppetiteNet Website is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of the AppetiteNet Website shall be deemed to indicate your acceptance of all such terms and conditions.
PROPRIETARY RIGHTS NOTICES
All contents of the AppetiteNet Website are: Copyright © 1997-2001 Dan Kriwitsky, ("McWebber.Com"), and/or Independent Providers of Content ("ICPs"), 105 Yacht Harbor Dr. Osprey, FL 34229 US All rights reserved.
You acknowledge that: (i) The AppetiteNet Website contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by ICPs, other users, McWebber.Com and its affiliates; (iii) At minimum, McWebber.Com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) McWebber.Com permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.
Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. McWebber.Com does not pre-screen Content as a matter of policy: however McWebber.Com, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither McWebber.Com, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by McWebber.Com or its affiliates, or any ICP, with respect to Content on, or Content changes within, AppetiteNet Website. You also agree and accept that as new products become available on or through AppetiteNet Website, your use of these products is subject to this Agreement.
USE OF INFORMATION
You agree to use the AppetiteNet Website only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the AppetiteNet Website or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by McWebber.Com to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the AppetiteNet Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE AppetiteNet Website IS AT YOUR SOLE RISK. THE AppetiteNet Website AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL McWebber.Com AND/OR ITS ICPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE AppetiteNet Website OR WITH THE DELAY OR INABILITY TO USE THE AppetiteNet Website. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, McWebber.Com'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. McWebber.Com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE AppetiteNet Website, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
User agrees to defend, indemnify and hold harmless McWebber.Com, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of the AppetiteNet Website. McWebber.Com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.