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Flippin’ Delicious Web Site Agreement


The Flippin’ Delicious Web Site (the “Site”) is an online
information service provided by Flippin’ Delicious (“Flippin’ Delicious “),
subject to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. Flippin’ Delicious MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks are
Flippin’ Delicious, its affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Flippin’ Delicious a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to Flippin’ Delicious by all means and in any media now known or
hereafter developed. You also grant to Flippin’ Delicious the right to use your
name in connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Flippin’ Delicious
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to Flippin’ Delicious.

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Flippin’ Delicious.
Other product and company names mentioned in the Site may be the trademarks of
their respective owners.

2. Use of the Site.

You understand that, except for information, products or services
clearly identified as being supplied by Flippin’ Delicious, Flippin’
Deliciousdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for Flippin’ Delicious- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with Flippin’ Delicious a. You also understand
that Flippin’ Delicious cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Flippin’ Delicious PROVIDES THE SITE AND RELATED INFORMATION “AS IS”
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Flippin’
Delicious SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. Flippin’ Delicious DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Flippin’ Delicious HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.


LIMITATION OF LIABILITY


IN NO EVENT WILL Flippin’ Delicious
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Flippin’ Delicious OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Flippin’ Delicious LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Flippin’ Delicious makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site. When
you access a non-Flippin’ Delicious web site, please understand that it is
independent from Flippin’ Delicious, and that Flippin’ Delicious has no control
over the content on that web site. In addition, a link to a Flippin’ Delicious
web site does not mean that Flippin’ Delicious endorses or accepts any
responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Flippin’ Delicious,
its officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Flippin’ Delicious and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you
on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements made and
to be performed in The United States of America. You agree that any legal action
or proceeding between Flippin’ Delicious and you for any purpose concerning this
Agreement or the parties’ obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Flippin’ Delicious’s failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. Flippin’ Delicious may assign its rights and duties
under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


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