Website Terms Of Use Agreement

 

Website Terms of Use Agreement

Born into It, Inc. is the organization that produces the Official Website Chowdaheadz.com  this website is subject to the following terms of use:

1. Website Ownership

The Website is owned by Born into It, Inc. All materials distributed in the Website (the "Materials") are either owned by or licensed to Born into It, Inc., Chowdaheadz.com and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website.

You understand that you are granted a limited non-exclusive, non-assignable, non-transferable, personal license to read and review information on the website, and that you shall not reproduce software, HTML, Javascript, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof. All copyrights, trademarks, service marks and trade names (the "Material"), are the property of Born into It, Inc. and/or its subsidiaries, affiliates, assigns, licensors, including the Site’s design, hosting, programming and contest management/prize fulfillment vendors (collectively “operational service providers”) and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers” ), and you may not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express written approval of Born into It, Inc. All authorized reproductions of Born into It, Inc materials must include the exact Copyright, Trademark, or other proprietary notices that appear on the original material as provided.

Access to the Materials may not be lawful by certain persons or in certain countries.  You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

 

Without the prior written permission of Born into It, Inc., you agree not to display or use in any manner, the Site’s trademarks, including without limitation,  domain names, email, newsletters, event names, slogans, and promotions.

2. Message Features

In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by Born into It, Inc.  The Store is operated by Yahoo Stores, and Yahoo’s website Privacy Policy applies, so please visit Yahoo! Privacy Policy for specific terms and conditions.

3. Born into It, Inc. may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Born into It, Inc. may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Terms of Sales from the Born into It Store ("Store")

5. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by BORN INTO IT, INC. or any of its affiliates of any third party Web site or content. BORN INTO IT, INC. is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

6. Disclaimer of Warranties

7. Limitations on Liability

8. Indemnification

You hereby agree to indemnify and hold BORN INTO IT, INC., harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you.

9. Termination

BORN INTO IT, INC., may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. BORN INTO IT, INC. may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in BORN INTO IT, INC., exclusive discretion, without prejudice to any legal or equitable remedies available to BORN INTO IT, INC., for any reason or purpose, including, but not limited to, conduct that BORN INTO IT, INC., believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which BORN INTO IT, INC., believes is harmful to other customers, to the BORN INTO IT, INC., business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by BORN INTO IT, INC., in its sole discretion. In addition and without prejudice to any other remedy available to BORN INTO IT, INC., BORN INTO IT, INC., may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by BORN INTO IT, INC..

10. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the Commonwealth of Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. BORN INTO IT, INC. will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

11. Miscellaneous

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. BORN INTO IT, INC. in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 10, 11 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

12. Newsletter

Born into It, Inc offers visitors to the site an opportunity to become a Chowdahead and receive a Newsletter.  To register for a free subscription to Newsletter, user agrees enter their email address on our homepage  to become a Chowdahead, and begin to receive the Born into It, Inc newsletter. As a member you agree to receive emails and information describing Special Discounts and New Product information.  In order to register you agree to provide your email, which will remain Confidential.  To discontinue subscription to Newsletter please email , or call Customer Service at 800-560-2840

13. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. BORN INTO IT, INC., may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.