This is a legally binding Agreement ("Agreement") between you (“User”) and the MistakenBacon.com. Please read this Agreement carefully before using any of our Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Please review this Agreement carefully, including the Arbitration provision, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement. This Agreement is subject to change by the MistakenBacon.com in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please refer to the bottom of this Agreement for the latest revision date to this Agreement.
MB: Mistaken Bacon, MistakenBacon.com, Tom Zebra, Daniel Saulmon, representatives or affiliates acting on behalf of MistakenBacon.
User: Anyone who uses the Sites or Services.
Service(s): Collectively or in itself includes, without limitation, Interactive Content, Advice, Opinions, Community Services, Invitations, Networking, Media Appearances, Blog, Forum, Disseminated or Published Content, whether in electronic or physical hard copy format.
Site: Collectively or alone include without limitation the Mistaken Bacon Website, currently located at http://www.mistakenbacon.com, or any other Website owned or managed by the Mistaken Bacon cause, especially third party social media sites and payment processing sites not limited to Facebook, Twitter, Google+, Youtube, PayPal.
ELIGIBILITY: By using the Site(s) or any Service(s), You represent and warrant that You are at least 18 years old. By using the Site or Service(s), User represents and warrants that User has the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement.
TERM AND TERMINATION: This Agreement remains in full force and effect as long as Site or Service(s) are in use. MB may terminate your use at any time, for any reason MS sees fit, with or without explanation. In the event that MB determines, at its sole discretion, that you have violated this Agreement, you shall not be entitled to nor shall we be liable to you for any refund of any kind for services, participation, time, advice, or donations MB has received from you, and MB may continue to bar your use of the Service in the future. Even after your use is terminated, this Agreement will remain in full effect.
PROPRIETARY RIGHTS: Except for such information or data which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information or data. You may only use such information or data on the Site and/or Service(s) only.
REMOVAL OF ALLEGED DEFAMATION, LIBEL OR SLANDER: Only U.S. law regulates MB site. Pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from this Site. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order being served on the Mistaken Bacon Site. Section 230(c) of the Communications Decency Act fundamentally states that Internet services like MistakenBacon.com are republishers and not the publisher of such content as in chat, comments, etc. Therefore, MB cannot be held liable for any allegedly defamatory, offensive or harassing content published on such Service(s). MB does not remove comments, information or data made by Users for containing insults or negative commentary. While such content can be distasteful, MB is not in a position to arbitrate disputes. This applies to the entire Site and all Service(s) including Forum or Chat Services.
YOUR USE OF THE SERVICE(S): As a User, You agree that: (1) You will use the Service(s) in a manner consistent with any and all applicable laws and regulations. You will not include any telephone numbers, street addresses, last names, email addresses, other than where You are specifically asked for such information by the Service. You will not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other users. You are solely responsible for Your interactions with other Users. MB reserves the right, but have no obligation, to monitor and/or mediate disputes between You and other Users. (2) You are solely responsible for the content or information You publish or display (hereinafter, “post”) on the Service, or transmit to other Users. You will not post on the Service, or transmit to other Users or to MB or its afffiliates, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any links, photos, video, content containing nudity or personal information. MB reserves the right, but MB has no obligation, to reject any content that does not comply with the prohibitions set forth in this section. (3) Email communications sent from MB or through MB are designed to make your experience enjoyable. You specifically agree to accept and consent to receive email communications initiated from MB or through Us including, without limitation: message notification emails, emails informing you about events and parties MB organizes, emails informing You of promotions MB runs and emails informing You of changes to the Service(s). Should You not wish to receive any of MB email communications, please do not use the Service(s) or send us any communications. (4) You agree that MB has no responsibility or liability for the deletion, corruption or failure to store any information or other content maintained or transmitted by MB Service(s). You acknowledge that features, parameters or other services MB provides may change at any time. You acknowledge that MB reserves the right to sign out, terminate, delete or purge any Service(s) at any time with or without notification to You. (5) MB is here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to MB on the phone or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of MB affiliates feel, at any given point, threatened or offended by Your conduct, MB reserves the right to immediately terminate Your use of MB Service(s). (6) MB is not responsible for, and MB does not endorse, any Submissions posted in comments or other areas by Users of the Site. MB specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability, or other cause of any kind or nature or character based upon or resulting from any Submission. (7) You agree and understand that MB is not obligated to post or use your Submissions submitted through any of our Service(s) or otherwise and may alternatively choose to discard your Submissions without any obligation or liability whatsoever. (8) These Site(s) and/or Our Service(s) may provide links to other web sites and/or resources (including advertisements) that MB does not maintain or are not under MB control (“Third Party Web Sites”). MB does not control any Third Party Sites linked to from the Site, and your dealings with such Third Party Web Sites are solely between You and such third parties. MB is not responsible for, and MB makes no representations or warranties with respect to, the Content, products, services, personal information practices, ownership, or legality of any such linked Third Party Website, unless expressly stated by MB. Your use of such Third Party Websites is subject to the terms and conditions established by such third parties, and MB encourages you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Websites is solely at your own risk, and you agree that MB will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites. (9) If you link to this Web site or Service(s), you must adhere to these requirements: (1) the link to this Site or Service(s) must not damage, disparage, dilute, present false information about, or tarnish the goodwill associated with any Trademarks, products, services, employees, officers, staff, and/or intellectual property; (2) the link to this Site or Service(s) must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with MB, unless MB has given you prior written consent; (3) you may not “frame” this Web site or Service(s), create a browser or border environment around any of the Content on the Site or Service(s), or alter its Content in any other way; and (4) you may not link to this Site or Service(s) from a website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, or adult content, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise deemed inappropriate, as determined by MB in our sole discretion. Notwithstanding anything to the contrary contained in these Terms, MB reserves the right to prohibit linking to the Site(s) or Service(s) for any reason, in MB sole and absolute discretion, even if the linking complies with the requirements described above. (10) This is an English speaking Site only. You agree that you will not Submit any Postings in any other language. Under these Terms of Service, We reserve the right to remove any Postings or Submissions that contain Non-English text. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement: (a) You will not impersonate any person or entity. (b) You will not “stalk” or otherwise harass any person. (c) You will not express or imply that any statements You make are endorsed by MB, without MB specific prior written consent. (d) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or, in any way reproduce or circumvent the navigational structure or presentation of the Service(s) or its contents. (e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. (f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service(s). (g) You will not interfere with or disrupt any Service(s) or any Website, servers or networks connected to the Service(s) or Web site. (h) You will not post, email or otherwise transmit 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. (i) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service(s). (j) You will not “frame” or “mirror” any part of the Service(s), without MB specific prior written consent. (k) You will not use meta tags or code or other devices containing any reference to Us or the Service(s) or the Web site connected to the Service(s) in order to direct any person to any other Website for any purpose. (l) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service(s) or any software used on or for the Service(s) or cause or enable others to do so. (m) Pornography and/or links to adults sites as well as spam links or other such content is not allowed.
INDEMNITY BY USER: You will defend, indemnify, and hold MB and Our officers, directors, employees, staff and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service(s), including: (I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service(s) infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service(s). This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service(s), but not directly by MB, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MB DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE(S) AND MB NEITHER ADOPTS NOR ENDORSES NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN MB. UNDER NO CIRCUMSTANCES IS MB RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE(S), OR TRANSMITTED TO MB USERS. MB RESERVES THE RIGHT, BUT MB HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE(S). MB SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN MB SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE(S) AND IN YOUR PRIVATE COMMUNICATIONS. PRIVATE COMMUNICATIONS SENT BETWEEN YOU AND OTHER USERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY MB AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY: All intellectual property rights in and to the Service(s) are and shall be owned by MB, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service(s) are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal information) You provide to MB will be stored on computers. You consent to MB using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service(s). You also agree to read, review, comply with, uphold and maintain MB terms of service thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By using the Service(s), you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service(s).
LIMITATION OF LIABILITY: IN NO EVENT WILL MB BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE(S), EVEN IF MB OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MB LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MB FOR THE SERVICE(S) DURING THE TERM OF YOUR USE. MB DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE USERS TO THE SERVICE IN ANY WAY. AS A RESULT, MB WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THE SERVICE(S), OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE(S). SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT OR DEATH.
COMPLAINTS: To resolve a complaint regarding the Service(s), You should first email@example.com here.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of California, City of Los Angeles without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms is found by a court or other binding authority to be invalid, that provision shall be deemed severable from these Terms, and the remaining provisions contained in these Terms shall continue in full force and effect.
DECLARATION AND VERIFICATION: By accessing this Web site and/or Service(s), I hereby declare, under penalty of perjury under the laws of the United States of America that I am over the age of 18 at the time of entry to the Web site and/or Service(s) and that I have read, understand and agree in full to the Terms of Service (Agreement) on this page. YOUR CONTINUED USE OF THE WEB SITE OR SERVICES IS YOUR SWORN DECLARATION UNDER FEDERAL LAW AND IS INTENDED TO BE GOVERNED BY THE PROVISIONS OF THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
What information does Mistaken Bacon collect?
Mistaken Bacon collects and uses personal information to provide individuals with news and information regarding Mistaken Bacon. In addition, MB may use personal information (e.g. e-mail address, city, and state) to keep e-mail subscribers up-to-date on the latest news and information MB think they would like to hear about. MB does not collect personal information from its visitors other than what is supplied to MB on a voluntary basis.
How will Mistaken Bacon use the information I provide?
MB will always explain the extent of its use at the time you are asked to provide personal information. If you do not want this information to be collected or used by MB for these purposes, you can simply “opt out”. Under certain circumstances, opting out may prevent your participation in activities for which personal information is needed, such as subscription to our e-mail news list or other notifications.
Does Mistaken Bacon rent, share, sell or trade my information?
Mistaken Bacon does not rent, share, sell or trade supporter e-mail addresses and telephone numbers. In addition, MB does not rent, share, sell or trade information about what activities or donations supporters have undertaken on our website.
How do I know my credit card information is secure?
MB uses a Third Party Website for donations. Users are subject to the Terms and Conditions of the Third Party Website.
Does MB use “cookies”?
When you browse MB website, you are able to do so anonymously. We do not collect personal information when you browser — not even your e-mail address. We do monitor site traffic and viewing habits. Like many websites, MB uses “cookie” technology. A “cookie” is a tiny element of data that our site can send to your browser, which may then be stored on your hard drive. Cookies that are sent to your browser by MB site are only readable by MB and are never shared with any other site. If you are concerned about your privacy and the use of cookie technology on MB Site you may set your web browser to notify you when you receive a cookie. You may also set your browser to refuse the cookies MB site attempts to send you. Should you decide not to accept cookies from MB, you may limit the functionality we can provide when you visit our site.
Can I change the information I have given to MB?
If you would like your personal information updated or modified, you can firstname.lastname@example.org with your request. If possible, please include full name, postal address, phone number, and the e-mail address at which you receive messages from MB.
You can also snail-mail us your updated information to the following postal address:
What do I do if I have questions that aren’t answered here?
If you have any questions about this privacy statement, the practices of this site or your dealings with this website, please email@example.com here.
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