Date of Last Revision: October 2014.
Welcome to Deliciously Organic, a website and blog about cooking and preparing
delicious food using organic, unprocessed ingredients (the web site, blog, and related
services to be known collectively as the “Services”). By accessing or using our Web
Site at www.deliciouslyorganic.net (the ” Web Site”), you (the “User” or “Contributor”)
page and will indicate at the top of this page the date these terms were last revised.
Your continued use of the Services or the Web Site after any such changes constitutes
It is your responsibility regularly to check the Web Site to determine if there have been
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND
A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE
Purpose and Scope of the Services
The Web Site provides recipes and information about preparing delicious meals using
organic, unprocessed food. You can gather information free from the Web Site, through
links to or feeds from other web sites, or sign up to receive emails or, for a fee, meal
Proprietary Rights in Web Site Content; User Content License
All content on the Web Site, other than User Content as defined below, including but not
limited to designs, text, graphics, pictures, video, information, software, music, sound
and other files, and their selection and arrangement (the “Web Site Content”), are the
proprietary property of Deliciously Organic with all rights reserved. No Web Site
Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any means, in
whole or in part, without Deliciously Organic’s prior written permission. You may not
republish Web Site Content on any Internet, Intranet or Extranet site or incorporate the
information in any other database or compilation, and any other use of the Web Site
Content is strictly prohibited. Any use of the Web Site or the Web Site Content other
than as specifically authorized herein, without the prior written permission of Deliciously
Organic, is strictly prohibited. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein, nothing in
these Web Site Terms shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise.
“User Content” means the information you have provided to us for consideration to be
posted on the Web Site. Information may be provided in the form of comments, or, if the
Web Site provides any forum, in the form of posts to such forums. Deliciously Organic
does not claim ownership rights in any User Content. By providing User Content to us,
you grant to Deliciously Organic a non-exclusive, royalty-free license to use, copy,
distribute, and display all User Content for the purpose of making the User Content
available on the Web Site.
DELICIOUSLY ORGANIC™ and other Deliciously Organic graphics, logos, designs,
page headers, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Deliciously Organic in the U.S. and/or other countries.
Deliciously Organic’s trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service
in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the Deliciously Organic.
You understand that the Services and the Web Site are available for your personal,
non-commercial use only. You represent, warrant and agree that no materials of any
kind submitted or shared by you through the Service will violate or infringe upon the
rights of any third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful
material. You further agree not to harvest or collect email addresses or other contact
information of Users from the Services or the Web Site by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited communications.
Additionally, you agree not to use automated scripts to collect information from the
Services or the Web Site or for any other purpose. You further agree that you may not
use the Services or the Web Site in any unlawful manner or in any other manner that
could damage, disable, overburden or impair the Web Site. In addition, you agree not to
use the Services or the Web Site to: upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any information that you know is false or misleading; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent; solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share 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; intimidate or harass another User or Contributor; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Deliciously Organic, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Deliciously Organic or its Users to any harm or liability of any type.
Deliciously Organic reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting by you, or to restrict, suspend, or terminate your access to all or
any part of the Service at any time, for any or no reason, with or without prior notice,
and without liability. If you become aware of misuse of the Services by any person,
please contact Deliciously Organic at [[email protected]].
You are solely responsible for the information that you submit to Deliciously Organic.
You understand and agree that Deliciously Organic may, but is not obligated to, review
any User Content submitted by you and that the decision whether or not to post User
Content is determined solely by Deliciously Organic. You further understand and agree
that Deliciously Organic may edit, redact, or refuse to post any User Content that in the
sole judgment of Deliciously Organic violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Users or others.
If you believe that any material on the Web Site infringes upon any copyright which you
own or control, you may send a written notification of such infringement to our
Designated Agent as set forth below:
To meet the notice requirements under the Digital Millennium Copyright Act, the
notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Deliciously Organic has adopted a policy of terminating, in appropriate
circumstances and at Deliciously Organic’s sole discretion, members who are deemed
to be repeat infringers. Deliciously Organic may also at its sole discretion limit access
to the Web Site of any Users or Contributors who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
Links to Other Websites and Content
The Web Site contains (or you may be sent through the Web Site or the Services) links
to other web sites (“Third Party Web Sites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, software and other
content belonging to or originating from third parties (“Third Party Content”). Such Third
Party Web Sites and Third Party Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third Party Web Sites accessed through the Web Site or any Third Party Content
posted on the Web Site, including without limitation the content, accuracy,
offensiveness, opinions, reliability or policies of or contained in the Third Party Web
Sites or the Third Party Content. Inclusion of or linking to any Third Party Web Site or
any Third Party Content does not imply approval or endorsement thereof by us. If you
decide to leave the Web Site and access the Third Party Web Sites, you do so at your
own risk and you should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Web Site.
you are consenting to have your personal data transferred to and processed in the
Deliciously Organic is not responsible or liable in any manner for any User Content or
Third Party Content posted on the Web Site or in connection with the Services.
The information provided by this Web Site contains the opinions and experiences of its
author, Carrie Vitt. This Web Site is not intended to provide medical, health, or
nutritional advice, and it should not be relied upon for that purpose. Always contact your doctor for all medical advice.
The Web Site and the Services may be temporarily unavailable from time to time for
maintenance or other reasons. Deliciously Organic assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration
of, User communications. Deliciously Organic is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any web site or
combination thereof, including injury or damage to Users or to any other person’s
computer related to or resulting from participating in connection with the Web Site and/
or in connection with the Services. Under no circumstances will Deliciously Organic be
responsible for any loss or damage, including any loss or damage to any User Content
or personal injury or death, resulting from anyone’s use of the Web Site or the Services,
any User Content or Third Party Content posted on or through the Web Site or the
Services or transmitted to Users, or any interactions between Users of and Contributors
to the Web Site, whether online or offline.
THE WEB SITE, THE SERVICES AND THE WEB SITE CONTENT ARE PROVIDED
“AS-IS” AND DELICIOUSLY ORGANIC DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. DELICIOUSLY ORGANIC CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE
SERVICE. DELICIOUSLY ORGANIC DOES NOT REPRESENT OR WARRANT THAT
CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR
MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN
NO EVENT WILL DELICIOUSLY ORGANIC OR ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE
OF THE WEB SITE OR THE SERVICE OR ANY OF THE WEB SITE CONTENT OR
OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF
DELICIOUSLY ORGANIC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
Governing Law; Venue and Jurisdiction
By visiting or using the Web Site and/or the Service, you agree that the laws of the
State of Florida, without regard to principles of conflict of laws, will govern these
and federal courts of Oklaloosa County, Florida, and you hereby consent to, and waive all
defenses of lack of personal jurisdiction and improper or inconvenient forum with
respect to, venue and jurisdiction in the state and federal courts of Sacramento,
recover its reasonable attorney’s fees and costs, including any and all expenses
reasonably incurred, not limited to expenses provided under the California Code of Civil
You agree to indemnify and hold Deliciously Organic, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney’s fees, arising out of or in connection with any User
Content, any Third Party Content you post or share on or through the Web Site, your
use of the Services or the Web Site, your conduct in connection with the Services or the
Web Site or with other Users of the Service or the Web Site, or any violation of this
Agreement or of any law or the rights of any third party.
Organic regarding the use of the Web Site and/or the Services, superseding any prior
agreements between you and Deliciously Organic relating to your use of the Web Site
or the Services. The failure of Deliciously Organic to exercise or enforce any right or
that or any other instance. This Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Web Site Terms shall be
deemed unlawful, void or for any reason unenforceable, then that provision shall be
enforceability of any remaining provisions.
Carrie Vitt is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to http://amazon.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.