Last updated: January 06, 2012.
HomeRunMeals.com Terms and Conditions of Use
About the Home Run Meals Notice of Terms and Conditions of Use
We reserve the right to make changes this Notice at any time, but if we make any material changes to the Terms and Conditions herein we will post the new policy on our Web site and note the date of the most recent update as set forth above. We encourage you to check our Notice of Terms and Conditions of Use whenever you visit the Website to see if it has been updated. Your continued access or use of this Website shall be deemed your notification and acceptance of these changes. You can access this Notice at any time at http://www.homerunmeals.com/terms/. This notice applies exclusively to your access to, interaction with and use of this Website and does not alter in any way the terms or conditions of any other agreement you might have with Home Run Meals for products, services or otherwise. If you have any questions or concerns about this Notice you can contact us at email@example.com.
In order to access or use certain features of this Website, you may be required 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 Home Run Meals.
In order to become a registered user you must provide true, accurate and complete registration information. During registration you will create a user name and a password (an “Account”) which may permit you access to certain areas of the Website. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account regardless of whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Account.
Recipes or other content submitted by a user of the Website will be public and viewable by all unless specifically designated as private through the custom recipe submission tool.
No Medical Advice Provided
The information on this Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician, dietitian or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with a healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your heath care provider. Nutritional, dietary and other advice provided on this Website is only approximate, is not guaranteed and should not be relied upon.
Intellectual Property Rights
Content. All Website materials, including without limitation the Home Run Meals logo, design, text, graphics, videos, sounds, other files and the selection and arrangement thereof (collectively, the “Content”) are the proprietary property of Home Run Meals or its affiliates or licensors. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, creation of derivative works, display or performance, without the prior written permission of Home Run Meals, is strictly prohibited.
Submissions. By submitting, disclosing or offering any recipe, review, photograph, image, video, comment, list, idea, suggestion, or any other feedback, content, material or other item (each, a “Submitted Item”) to Home Run Meals, either online or offline and whether or not solicited by Home Run Meals, you hereby grant to Home Run Meals an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Item 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, film, or electronic storage devices, 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, at Home Run Meal’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Home Run Meals to effect, perfect, and confirm the license granted to Home Run Meals to your Submitted Item as set forth herein.
Publication or use of any Submitted Item is at the sole discretion of Home Run Meals and we are under no obligation to publish, use or otherwise display any Submitted Item. If your Submitted Item is published, used or posted on the Website or otherwise used by Home Run Meals, we may include your name, likeness, photo, or biographical information in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you grant Home Run Meals the right to use your name in connection with the publication, use, or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Sumitted Item; however, only your name or username and not your e-mail address will be published with your Submitted Item.
Trademarks. The name “Home Run Meals” and any other trademarks on this Website are the trademarks of Home Run Meals or its affiliates or licensors and may not be copies, imitated or used, in whole or in part, without the prior written permission of Home Run Meals. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Home Run Meals and may not be copied, imitated or used, in whole or in part, without the prior written permission of Home Run Meals. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Home Run Meals may have other patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter on any Website pages and any software part of the Website. Except to the extent we have granted you licenses to certain intellectual property in this Notice, our proving you with such Website pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Any conduct on our Website that we believe, in our sole discretion, restricts or inhibits other users from enjoying our Website will not be permitted. You agree to use our Website only for lawful purposes. You are solely liable for any material uploaded or transmitted from your account. You agree not to engage in the following prohibited behaviors. Any violation of these policies may result in termination of your access to our Website and deactivation or deletion of your account and all related information and files, without prior notice.
Use of forums, comments or other interactive areas for commercial purposes or for purposes at odds with the intended function of those areas.
Uploading, posting, e-mailing, distributing or otherwise transmitting any message, information or other material that contains unauthorized personal information about another person.
Accessing, using or manipulating the Website by any means other than through the interface provided by us for use in accessing our Website. The robots.txt file is the only means by which robots are authorized to access our Website and they must follow the access policies contained therein.
Uploading, posting, e-mailing, distributing or otherwise transmitting any message, information or other material that may be considered unlawful, harmful, libelous, fraudulent, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable.
Uploading, posting, e-mailing, distributing or otherwise transmitting any message, information or other material that would constitute a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation.
Uploading, posting, e-mailing, distributing or otherwise transmitting any message, information or other material that might infringe on any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
Impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity.
Uploading, posting, e-mailing, distributing or otherwise transmitting without Home Run Meals’ written permission, any message, information or other material that constitutes an unsolicited or unauthorized promotion, advertisement, solicitation for funds, goods, or services, including junk mail, spam or chain letters.
Harming minors in any way.
Uploading, posting, e-mailing, distributing or otherwise transmitting any message, information or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment.
Purchase of goods or services on our website using inaccurate, fraudulent or incorrect information.
Purchase of goods or services or registration of an account by users who are under 18 years of age without parental consent.
Certain products or services may be offered for sale on homerunmeals.com. In the event you wish to purchase or to subscribe to any of these products or services you will be asked by Home Run Meals or an authorized third party to supply certain information, including your full name, address, telephone number and credit card information. You agree to provide Home Run Meals or such third party with that information, as well as any other mandatory information, that is accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of a product or service. You shall be responsible for all charges incurred through your account as well as paying for any applicable taxes.
Subscription Services. Some features or services provided through the Website may require a fee-based subscription (these are known as “Subscription Services”). If you elect to purchase a Subscription Service you understand that your subscription is personal to you and the members of your household and you may not transfer or make available your account name and password to others, including without limitations your friends or co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on the unauthorized use. Subscription Services may change without prior notice.
Prices for Subscription Services are in US Dollars and are listed exclusive of all applicable taxes and telecommunications charges unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services you agree to pay, using a valid credit card (or other form of payment we may choose to accept) the applicable fees and taxes, if any, set forth on the Website. We reserve the right, with prior notice provided to you, to change the amount of fees and to institute new fees effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the offer. If payment cannot be charged or your payment fails for any reason, Home Run Meals reserves the right to suspend or terminate your access to the Subscription Services.
The Website is provided for your use on an “as is,” “as available” basis. Home Run Meals along with its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, “associates”), do not make any representations or warranties of any kind, express or implied, with respect to our Website or its content, including without limitation the products, services, or information offered or sold on or through our Website or any other website to which our Website links and the uninterrupted or error-free use of our Website. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. Home Run Meals does not represent or warrant that this Website or its servers are free of viruses or other harmful components. Your use of this Website and any site linked to our Website is expressly at your own risk.
Home Run Meals explicitly disclaims any responsibility for any product or service or the accuracy, content or availability of information found on other websites that contain links to or from our Website. We do not endorse or adopt any third-party content and cannot be held responsible for the content of third-party websites. You hereby irrevocably waive any claim against us with respect to such websites and use them at your own risk.
Home Run Meals reserves the right to change any and all content contained on this Website at any time without notice, including information related to pricing or availability. Reference to any products, services, processes or other information by trade name, trademark, manufacturer or supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Home Run meals.
Limitation of Liability. In no event shall Home Run Meals or any other party involved in creating, producing or distributing our Website 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, loss of data, death, or personal injury, whether in an action in contract, tort, or otherwise, arising out of or in any way connected with the use of, or inability to use, this Website or content contained on or accessed through this Website, even if Home Run Meals has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for consequential or incidental damages, and in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Website.
We reserve the right, in our sole discretion, to remove, take down, delete or destroy any material or submission at any time for any reason.
We make no representation that the content on our website is appropriate, legal or available for use in locations outside the United States, and users of our website from other locations are responsible for compliance with any applicable laws. Any claim relating to our Website, the services provided through our Website or the content thereon shall be governed by the internal laws of the state of Alabama, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Birmingham, Alabama, and hereby irrevocably and unconditionally consent and submit to the jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
If you no longer agree to be bound by these Terms and Conditions, you must cease your use of our Website. Subject to applicable law, we reserve the right to, in our sole discretion and at any time, terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any material or submissions to the Website. You agree that we will not be liable to you or to any third-party for termination of your access to our Website and the deletion of any submitted materials.
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.
Scope of Agreement
These Terms and Conditions constitute the entire agreement between you and us and govern the use of our Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or software or enter into additional agreements. Our failure toe exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that prevision, and the other provisions of these Terms and Conditions should remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms and Conditions must be filed within one year after such claim or cause of action arose, or be forever barred. Section titles and headings in the Terms and Conditions re for convenience only and are not intended to have legal effect on the interpretation of this contract.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Home Run Meals
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel Gleason
Full Address of Designated Agent to Which Notification Should be Sent: 3624 Cherry Brook Run, Birmingham, AL 35223.
E-mail Address of Designated Agent: email@example.com
To be effective, the notification must be in writing and include 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, in the case of multiple works, a representative list of such works.
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 allow us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and if available an e-mail address at which the complaining party may be contacted.
A statement that the complaing 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 Website, e-mail, or written communication sent by first-class mail, based on the contact information in our records. Home Run Meals may, in its sole discretion, terminate authorization of users who are repeat infringers.