of this website ("site"). By accessing this site, you signify your agreement to
concerning the same subject matter.
PERSONAL INFORMATION AND PRIVACY
See our Privacy for our policy regarding the collection and use of personal information.
All material either presented on this Site, or downloaded from it, including but not limited
to images and text ("Materials"), are protected by copyright and/or other intellectual property
laws, and are owned and controlled by Top 10 Fresh or its partners. You may not
copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works
from the Materials in any way. Use of any Material without express permission by
Top 10 Fresh is a violation of our intellectual property rights and is prohibited
This Site allows registered members to post their reviews, comments, and other content in various
places on the Site. You may post such content so long as it is not illegal, obscene, objectionable,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties, and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may also not use a false e-mail address, impersonate any person or entity, or otherwise
mislead with regard to the true authorship of your postings.
We reserve the right (but are not obligated) to remove or edit such content. If you post any
such content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content throughout the world in any media. You also
grant us the right to use the name that you submit with any such content. You represent and
warrant that you own or otherwise control all of the rights to any content that you post and
that our use of your content will not infringe upon or violate the rights of any third party.
We do not want to receive confidential or proprietary information from you through this Site
or otherwise. Please note that any information or material you submit through this Site or in
any other manner will not be deemed to be confidential. By sending us any information or material,
you grant us an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such information or material.
YOUR ACCESS TO AND USE OF THE SITE ARE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS,"
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS
FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT
OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS
OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS,
OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE
THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO
THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL
DATE OF ACCESSING THE SITE.
IN NO EVENT SHALL Top 10 Fresh BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM
OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
ANY GOODWILL, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE
OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE
REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE
UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold Top 10 Fresh and our licensors harmless,
as well as our and their affiliates, officers, directors, employees, consultants and agents,
from all third party claims, liability, damages and costs (including attorneys' fees) arising
from your unauthorized or improper use of the Site or the Materials, your breach of these Terms
of Use or your infringement of any intellectual property or other rights of any person or entity.
GOVERNING LAW, JURISDICTION, AND LITIGATION COSTS
California, U.S.A., excluding the application of its choice of law principles. You hereby agree
to submit to the personal jurisdiction of the state and federal courts of the State of California.
Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with
the state and federal courts located in Pasadena, California. If we bring any action against you
prevailing party shall be entitled to recover, in addition to other relief granted, reasonable
attorneys fees and expenses of litigation. Notwithstanding any other provision of these
thereof, in any court having jurisdiction thereof.
circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or
places and circumstances shall remain in full force and effect. Neither our failure nor our
delay in exercising, enforcing or taking action against you with respect to any of our rights
or powers shall operate as a waiver of such powers or rights. No single or partial exercise by
us of any of our powers or rights will preclude us from exercising such powers and rights in
the future or from exercising other powers and rights.
DMCA NOTIFICATION GUIDELINES
A. Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital
Millennium Copyright Act.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 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 on the Network 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 our copyright agent to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit our copyright agent 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.
- 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which our copyright agent may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 7 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
C. Designated Copyright Agent
The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Alternative Dispute Resolution, APC P.O. Box 1411
Salinas, CA 93902
Or by email to: John@BaileyADR.com
For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Network should be directed to the Network Creator at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Notification of Alleged Copyright Infringement
All of the following numbered items are required
- Your Email Address
- Your First Name
- Your Last Name
- Your Street Address
- Your City
- Your State
- Your Country
- Identify in sufficient detail the copyrighted work that you claim has been infringed
- Identify the URL(s) that contain the copyrighted material described above
- Provide the name(s) and URL(s) of the Social Network(s) that contain the copyright material described above
In sending the email or written correspondence, you are required to include the following statement:
"I state UNDER PENALTY OF PERJURY that:
- I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- This notification is accurate.
By sending this correspondence, I understand that:
- Our copyright agent will send a copy of this notice to both the individual that uploaded the allegedly infringing content and the creator of the Social Network on which the content appears.
- Abuse of this tool will result in termination of my Member account.
Contact the Copyright Agent to report instances of copyright infringement only. To submit a valid Notification of Alleged Copyright Infringement, the information you provide to us must substantially comply with the requirements listed below and described in the DCMA Notification Guidelines above.
Please note that under Section 512(f) of the DMCA, you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
Upon receiving the proper Notification of Alleged Copyright Infringement described in Section A of the DCMA Notification Guidelines above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim as well as the DMCA statutory procedure (described in Section B of the DCMA Notification Guidelines above) by which the alleged infringer may respond to your claim.
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