Terms Of Use Policy

In an effort to provide an understanding of our terms and conditions for the use of our site and services, we are providing our Terms of Use for your acceptance.

Tecstra Systems ("Tecstra") welcomes you to our web site www.recipetips.com ("Site"), which we own and operate as an online information, education and communications service. In an effort to provide an understanding of our terms and conditions for the use of our Site and services, we are providing our Terms of Use for your acceptance. If for any reason you disagree with the stated Terms of Use or our Privacy Policy, which is also posted on our Site, you should not access the Content and cease from Site use or access. Your use of our Site and services is deemed as your acceptance of our terms and conditions and binds you to our Terms of Use. By clicking on the "I Accept" button and completing the registration process, you are stating that you are bound by all of the following terms and conditions.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT PLEASE EXIT THE SITE NOW.

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You then will choose a password and an account name. You are responsible for maintaining the confidentiality of your password and account. Furthermore you are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will also promptly update and information as necessary.

The entire Site is protected by copyright as a collective work and/or compilation owned by Tecstra, pursuant to United States copyright laws, international conventions, and other intellectual property laws. As a visitor to the Site, you agree to protect the use of the copyrighted material, trademarks, and other intellectual property and proprietary information, including logos, service marks, brand identities, trade names, graphics, text, software, photos, video, music, sound and designs, hereafter referred to as "Content" and that the use of the Content is solely for personal, informational, and non-commercial purposes. Tecstra owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as any Content authored, created and owned by Tecstra or other designated sources and protected by copyright laws and other applicable laws. Access to the Site does not provide any proprietary interests to the tools or Content contained therein and no Content may be used in any manner that interferes with the copyrights or proprietary interests of Tecstra or the owner of the copyright.

As a visitor, you are prohibited from copying, displaying, modifying, posting, reproducing, republishing, storing, transmitting, and uploading Content supplied and/or owned by Tecstra Systems or any third party owned content that appears on this site except as otherwise authorized under this Agreement or without the written permission from Tecstra. Permission requests can be forwarded to Tecstra at the Customer Support location appearing in the Contacting Tecstra section that follows within this Terms of Use Agreement. You will be permitted to print copies of the information presented on this Site if it is for personal noncommercial use. You may also store this information on your computer for your personal noncommercial use. However, distribution of the Content on your computer or any other server is strictly prohibited without our expressed written consent.

The Terms of Use displayed on this page may be modified at the discretion of Tecstra. We reserve the right to amend the Terms of Use and to modify, add, or discontinue any aspect of the Site, the Content, or the services provided. Continued use of the Content by you shall be deemed as acceptance of such amendments, modifications, additions, or deletions. Any modifications made will be become effective immediately when posted to the Site. Therefore, please review the Terms of Use often to ensure you are aware of the terms and conditions and accept the Terms of Use as stated. If you not accept such changes to the Terms of Use you must cease any further use or access of the Site.

Jurisdiction

This Site is controlled and operated by Tecstra from the state of Minnesota in the United States of America and those who access our Site from locations outside of Minnesota do so on their own initiative and are responsible for compliance with all relevant foreign, state and local laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of law provisions and any action based upon or alleging a breach of this Agreement must be brought in a state or federal court situated in the State of Minnesota. You agree to submit to the personal jurisdiction and venue of such courts.

Disclaimer and Limitation of Liability

YOU AGREE THAT USE OF THE SITE AND USE OF THE CONTENT IS AT YOUR SOLE RISK.

THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TECSTRA, IT'S AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT OF THE CONTENT AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TECSTRA SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THE SITE AND THAT THE SITE OR SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, NO WARRANTIES ARE MADE FOR THE FUNCTIONALITY OF THE MATERIALS, THE UNINTERRUPTABILITY OF SERVICE, DEFECTIVE OR ERROR FREE CONTENT, OR THAT DEFECTS WILL BE CORRECTED.

References to documents, links to other site, or references to other corporations are provided "AS IS" without warranties of any kind, either express or implied. Your use of this Site is at your risk. Under no circumstances shall Tecstra, its affiliates, agents, and licensors be liable for any incidental, special, indirect or consequential damages of any kind. These include, without limitation, those occurring from losses for use, for profits, whether or not advised of the possibility of damage or liability due to the use or performance of the Site. You must assume the entire cost of the necessary corrections, repair, or servicing required for such damage. In no event will Tecstra, or any person or entity involved with creating, producing or distributing the Content, become liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Site or Content. You as the visitor hereby acknowledge that the provisions of this section shall apply to all Content accessed and supplied by Tecstra. If for any reason you are dissatisfied with this Site, the Content, the services offered, the Terms of Use, the Privacy Policy, your sole and exclusive remedy is to stop using this Site. If this exclusion does not apply to you due to enacted State laws not allowing disclaimers for implied warranties or limitation of specific damages and if any part of the Limitation of Liability is deemed to be invalid, unenforceable, or inadmissible for any reason, then the total combined liability of Tecstra and its affiliates, agents, or licensors shall be limited to one hundred dollars ($100.00).

Tecstra does not endorse or accept responsibility for the products, services, or claims of the companies represented with links or referenced on the Site. Further, Tecstra does not accept responsibility for the Content, claims or privacy policies of other sites linked through the Tecstra site.

DMCA Notice

Tecstra Systems and its affiliated organizations respect the intellectual property of others, and we ask our content partners and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with sufficient information to allow us to locate the material, including the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the web site where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located.
  5. Your name, address, telephone number, and email address.
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  7. A statement by you that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on the behalf of the copyright owner.

Our agent for notice of claims of copyright infringement on this Site can be reached as follows:

By Mail:
Betty Meyer
Tecstra Systems Corporation
P.O. Box 478
Austin, MN 55912
By Phone: 507-437-1042
By Fax: 507-437-0061
By Email: bmeyer@tecstra.com

Submissions

Responsibility for what is posted in the discussion groups or other public forums on this Site lies with each user. You alone are responsible for the content of your submissions, and the consequences of any such submissions. You agree not to use the Site in any manner to send or submit materials that 1) are false, inaccurate, or misleading; 2) are fraudulent; 3)infringe any third party's copyright, patent, trademark, trade secret, or other intellectual or proprietary rights or right of publicity or privacy; 4) violate any law, statute, ordinance, or regulation including but not limited to consumer protection, unfair competition, anti-discrimination or false advertising; 5) are defamatory, libelous, threatening, or harassing; 6) are obscene or contain any pornography; 6) contain any viruses or other computer programs that are intended to damage, detrimentally interfere with, intercept, or expropriate any content or personal information; 7)might create liability for Tecstra or might cause Tecstra to lose (in whole or in part) the ability to make available the Site and related services; 8) interfere with the ability of others to enjoy our site; 9) link to or include descriptions of goods or services that are prohibited under this agreement or that are not authorized by the owner of rights to such linked goods or services; 10) are for commercial or advertising purposes. All property submitted to Tecstra Systems for use on the Site that may be considered Content submissions, whether it is in the form of ideas, concepts, suggestions, tips, techniques, drawings, notes, recipes, or other similar information that is provided to Tecstra through our Site, will be considered to be the property of Tecstra. Therefore, any submitted Content through the Tecstra Site will become the property of Tecstra and there will be no obligation, express or implied, to provide any form of compensation to the provider of such content and further, Tecstra will be entitled to unrestricted use of the submissions for use in any manner, commercial or otherwise. You acknowledge that by posting messages, uploading files, inputting data or engaging in any other form of communications to the Site that Tecstra acquires all rights to use any such posted materials. By submitting content to or through this Site you hereby grant Tecstra the perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty free license and right to use, copy, license, sublicense, adapt, display, publicly perform, transmit, reproduce, modify, distribute, create derivative works from, and otherwise exploit such content, as Tecstra sees fit in any medium and for any purpose in any form, media, or technology, now known or later developed. You hereby waive all rights to any claim against Tecstra for any alleged or actual infringement of any intellectual property or proprietary rights. By submitting content you acknowledge that such transmission is not confidential and may be read or intercepted by others. No confidential, fiduciary, contractually implied or other relationship is created between yourself and Tecstra pursuant to this agreement. You also permit any other user of our Site to access, display, and print such content for personal use and represent that any material you submit does not violate, plagiarize or infringe upon the rights of any third party, including any intellectual property or proprietary rights. If non-original content is included in your posting, you must obtain permission from the owner or rights holder and provide appropriate attribution. If you are the owner of intellectual property who believes your intellectual property has been improperly posted on this Site, please notify Tecstra as provided in the DMCA Notice section above. Tecstra is most often a passive conduit for the information and content submitted by users of our Site. Tecstra cannot and does not review content submissions. Tecstra neither endorses nor guarantees the accuracy or propriety of any submissions. Tecstra does however reserve the right but not the obligation to restrict or prohibit your use of the Site if Tecstra believes you are violating any of the terms and conditions of this agreement and to remove, edit, or relocate any submission as Tecstra sees fit for legal or other reasons.

You may not use any of the information from this Site including and information about other users, personal or otherwise, for any commercial purpose, chain letters, junk mail, 'spamming", bulk mail communications, or developing lists. Any commercial exploitation of this Site or the Content is strictly prohibited.

Other than connecting to the servers by HTTP requests using a web browser, you may not attempt to gain access to Tecstra's servers by any means, including without limitation, by using administrator passwords or by masquerading as an administrator using the Site or otherwise.

You may not use any device, software or routines intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our system, including but not limited to "spam" or other unsolicited mass e-mailing techniques.

You agree to indemnify, defend, and hold harmless Tecstra, its officers, directors. affiliates, agents, employees, and licensors, from and against any and all liability and costs incurred by such indemnified party in connection with your unauthorized use or conduct related to access or use of the Site that is a breach of these terms and conditions of use or that is the result of your uploading or downloading any content from or to the Site.

Linking

Unauthorized linking to the Site without the written approval of Tecstra is prohibited. Unauthorized linking and access is illegal and will not be allowed.

Contacting Tecstra

All general inquiries and requests for Permissions should be directed to the following contact:

Customer Support
Tecstra Systems Corporation
P.O. Box 478
Austin, MN 55912
Tel: 507-437-1042
E-mail: support@tecstra.com

In the event that any provision of this Agreement conflicts with the law under which the Agreement is construed or if any provision is held invalid by a court of competent jurisdiction, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable laws and the remainder of the Agreement shall remain in full force and effect. If either party fails to insist upon or enforce the performance by the other party of any provision of this Agreement, or to exercise any right under the Agreement, such failure shall not be construed as a waiver or relinquishment to any extent of such party's right to assert such provision or right in that or any other instance.

This Agreement and any express additional terms (which will be identified as such when posted on the Site) constitute the entire understanding between the parties as to the subject matter, and supersedes any prior agreements or understandings.

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