Effective Date: January 15, 2015
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Site and changing the Effective Date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this Site and does not alter in any way the terms or conditions of any other agreement you might have with PushButtonKitchen.com, (“PushButtonKitchen”), or MunkAmok for products, services, or otherwise. We suggest you review our Notice each time you visit our site to see if it has been updated since your last visit.
(A) In order to access or use some features of the Site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to any MunkAmok Site, including PushButtonKitchen.com.
(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership by completing the Membership Security Breach form.
(C) All content saved or posted by a member will be considered public and may be viewable by all.
MunkAmok and PushButtonKitchen or its affiliates or licensors solely and exclusively own all rights, title and interest in all web site materials, including, without limitation, the PushButtonKitchen name, logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”).
II. Website Usage
Other prohibited uses include:
i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the Site Content for any purpose without the express written permission of MunkAmok and PushButtonKitchen. Notwithstanding the foregoing, MunkAmok and PushButtonKitchen grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available search engine indexng of the materials, but not caches or archives of such materials.
“PushButtonKitchen.com”, “PushButtonKitchen”, “MunkAmok.com”, “MunkAmok” and other trademarks on this Site are trademarks of MunkAmok.com PushButtonKitchen.com or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the trademark's owner. In addition, all page headers, custom graphics, site specific icons, and scripts are service marks, trademarks, and/or trade dress of MunkAmok and PushButtonKitchen, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MunkAmok and PushButtonKitchen. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.
MunkAmok and PushButtonKitchen might have other trademarks, copyrights, or other intellectual property or rights covering subject matter in any of the Site's pages, and any software part of the Site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or appliance homepages of this Site only, provided such link does not portray MunkAmok, PushButtonKitchen or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
Third-Party Links, Content & Services
MunkAmok and PushButtonKitchen may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. MunkAmok does not monitor, nor does MunkAmok have control over any Third-Party Content. MunkAmok does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. MunkAmok does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
By submitting, disclosing, or offering any recipe, review, photograph, image, video, rating, comments, feedback, correspondence, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or any other item (each, a “Submitted Item”) to PushButtonKitchen, either online or offline and whether or not solicited by MunkAmok or PushButtonKitchen, you hereby grant to MunkAmok an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sub-license, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, video, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sub-license, and otherwise exploit all such materials on any commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by MunkAmok to effect, perfect, and confirm the license granted to MunkAmok to your Submitted Item as set forth herein.
This Site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and image storage, recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Site.
You agree not to use the Site to do any of the following:
1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, malicious or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without MunkAmok’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
6. Harm minors in any way; or
7. Upload, post, e-mail, transmit, 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.
Suspect User Conduct violations can be reported using the User Conduct Investigation form.
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. MUNKAMOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MUNKAMOK DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MUNKAMOK DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.
MunkAmok reserves the right to change any and all Content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MunkAmok or PushButtonKitchen.
Limitation of Liability
IN NO EVENT SHALL MUNKAMOK OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF MUNKAMOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless MunkAmok, PushButtonKitchen, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Site, and any Material and Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
These terms of service shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms of service shall be filed only in the state and federal courts residing in Mohave County, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
MunkAmok reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Site or any of its Sites, to block or prevent future access to and use of this Site or any of its Sites, and to remove and discard any Material and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
LIMITATION ON LIABILITY
MunkAmok 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 any e-mail or redemption to be received by MunkAmok or PushButtonKitchen on account of technical problems or traffic congestion online or on the Internet or at any web site, including third party payment sites (e.g.: PayPal) or any combination thereof including any injury or damage to user's or any other person’s computer related to or resulting from downloading any materials or subsequent use of PushButtonKitchen.com. If, for any reason, the Subscription Service is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MunkAmok which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of the Subscription Services, MunkAmok, reserves the right, in its sole discretion, to cancel, terminate or suspend any Subscription Service. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUBSCRIPTION SERVICES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MUNKAMOK WILL DISQUALIFY YOUR SUBSCRIPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
MunkAmok respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, MunkAmok may terminate and/or disable the access of users who it suspects to have infringed on the copyrights (or other intellectual property rights) of others. Additionally, and in its sole discretion, MunkAmok may remove or disable access to material on any of its Sites or hosted on its systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). MunkAmok’s Designated Agent may be contacted by completing the Copyright Investigation form.
To be effective, the notification must include the following:
Complete and truthful identification of the complainant, including full name, title and basis for the right for that individual to bring a complaint on behalf of the owner, if complaint is not being brought by the owner;
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 complainant, such as an address, telephone number, and an e-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.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, e-mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. MunkAmok may, within its sole discretion, terminate authorization of users to any its Site who are found to have infringed upon the copyright of others.