terms of use

Last Revised January 14, 2010

By using the Plumpepper.com web site and services, you agree to be bound by the following Terms of Service ("Terms" and "Service"). Plumpepper (the "Company") may update, change or alter the Terms from time to time without notice. New features added or subtracted to the current Service shall be subject to these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. Plumpepper reserves the right at any time to time to modify or discontinue, temporarily or permanently, the Service (or parts thereof) with or without notice.

Account Terms

You must be 13 years or older to use this Service.

You are solely responsible for maintaining the security of your account, including maintaining the secrecy of your password. You agree to indemnify plumpepper.com against any loss or damage from your failure to comply with security obligations under these Terms. Plumpepper provides a service to collect and manage feeds and links to other sites. Plumpepper makes no claim about the accuracy, legality, content, business practices and privacy policies of external sites which are linked to from Plumpepper. Plumpepper is NOT RESPONSIBLE FOR THIRD-PARTY SITES, including content, linked from Plumpepper user accounts.

Plumpepper may not be used by any user for any illegal purposes whatsoever, or to violate any laws in the user's jurisdiction (including but not limited to copyright laws).

General Conditions

Use of the Service

Use of the Service is at your SOLE RISK, and is provided on an as is and as available basis. Plumpepper makes no guarantees about interruptions in service, speed of service, security of information, or accuracy of the service or the information provided therein. Plumpepper is in no way responsible for any loss (financial or otherwise) resulting from the use of the service.

Removal of Accounts

Plumpepper reserves the right to remove Accounts of users that we deem unlawful, objectionable or violate any party's intellectual property or these Terms.

Enforcement

The failure of Plumpepper to exercise or enforce any right or provision of these Terms shall not constitute, or be considered a waiver of such right or provision. These Terms constitute the entire agreement between you and Plumpepper and govern your use of the Service, superseding any prior agreements between you and Plumpepper (including, but not limited to, any prior versions of the Terms).

Third Party Content

Plumpepper is explicitly not responsible for third-party use of public Plumpepper content and is under no obligation to restrict this access. Plumpepper provides you with the ability to retrieve and remove your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that Plumpepper may have made for backup purposes.

No Warranty and Limitation of Liability

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Plumpepper SHALL, UNDER NO CIRCUMSTANCES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER THEY ARISE, INCLUDING BUT NOT LIMITED TO, BY NEGLIGENCE), INCLUDING WITHOUT ANY LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS OR FEEDS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT Plumpepper HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH Plumpepper SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

You are solely responsible for the photos, profiles, recipe text, information, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Plumpepper Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies of any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works with proper attribution to you the original author. Plumpepper does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.  However, Plumpepper does reserve the right to cook and sample any of the recipes and wines posted, and if no picture is submitted, we reserve the right to add a picture to your recipe/wine.