The following terms are a legal agreement between you, your employees, agents, contractors, service providers and any other entity on whose behalf you accept these terms (collectively “You” or “Your”), and Tastee Software Corporation. By accessing, browsing, or using any Tastee Software-provided website, (“Website”), You acknowledge that You have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If You do not agree to these terms, You may not use this Website. This Website may contain a variety of resources including, but not limited to, documentation and other Tastee Software-provided product information (collectively the “Documentation”), download areas, communication forums, and other services (collectively “Services”), software, including developer tools and sample code (collectively “Software”). Your use of any Documentation, Services, and Software is subject to, and specifically conditioned upon Your acceptance of the following Terms and Conditions (“Terms”). Tastee Software reserves the right to update the Terms at any time without notice to You. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
During the registration process, You agree that any information You provide shall be current, complete and accurate as prompted by the applicable registration form. You agree that any registration information You give to Tastee Software will always be accurate, correct and up to date. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access any portion of the Website. Accordingly, You agree that You will be solely responsible to Tastee Software for all activities that occur under Your account. You agree to notify Tastee Software immediately of any unauthorized use of Your account or any other breach of security. The information You provide to Tastee Software during the registration process will be governed by the terms of Tastee Software’s current privacy policy.
You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as submission of support tickets, forums and other community features that may allow you to receive information from us and/or to participate in certain features on the Website. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website and all charges related to the same. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Website.
You are entirely responsible for all material including, but not limited to, company, well and stage information, feedback, or suggestions, (“Content”) that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Tastee Software, in its sole discretion, or to other users of the Website; (b) includes unauthorized disclosure of personal information or other confidential information; (c) violates or infringes any third party intellectual property rights; or (d) 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. You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Tastee Software or someone else, or spoof Tastee Software’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users; or (h) acquire knowledge about the Service in order to build or offer a competing service. By posting Content to the Website, You warrant that You own or otherwise possess all intellectual property and other rights necessary to post such Content on the Website and to permit others to make use of Your Content. Tastee Software reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
You retain copyright You already hold in Content which You submit, post, or display on or through, the Services. You will not provide any Content that is subject to a license that requires Tastee Software to license its software or documentation.
Tastee Software may remove any Content at any time in its sole discretion. By Posting Content You warrant and represent that You have all the rights, power, and authority necessary to grant the above licensee.
The following terms apply to content submitted by you:
The following terms apply to your conduct when accessing or using the Website: (a) you agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the Tastee Software or any Tastee Software employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website or posting private information about a third party.
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Website is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Website or Content (in whole or in part) in any way or through any medium for distribution, publication, or any commercial purpose.
You may display, copy, and download Content from the Website solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
The contents of the Materials are subject to frequent change without notice. As well, the Tastee Software Terms of Use may change without notice, and you agree to abide by the Tastee Software Terms of Use in effect each time that you access the Tastee Software website.
The WEBSITE may include links to other websites or content or resources. Tastee Software may have no control over any websites or resources that are provided by companies or persons other than Tastee Software. THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF TASTEE SOFTWARE AND TASTEE SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FURTHER, TASTEE SOFTWARE IS NOT RESPONSIBLE FOR ANY CONTENT RECEIVED FROM ANY THIRD-PARTY SITE. TASTEE SOFTWARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY TASTEE SOFTWARE’S ENDORSEMENT OF THE SITE.
USE OF THIS SITE AND ITS SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, DOCUMENTATION, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TASTEE SOFTWARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TASTEE SOFTWARE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL TASTEE SOFTWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TASTEE SOFTWARE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.
The Terms constitute the whole legal agreement between You and Tastee Software and govern Your use of the Website. The Terms are incorporated into the License Agreement and completely replace any prior agreements between You and Tastee Software in relation to the Website. You agree that Tastee Software may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website. You agree that if Tastee Software does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Tastee Software has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tastee Software’s rights and that those rights or remedies will still be available to Tastee Software.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that all Tastee Software affiliates shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and Your relationship with Tastee Software under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of law’s provisions. You and Tastee Software agree to submit to the exclusive jurisdiction of the courts located within the county of King, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Tastee Software are still allowed to apply for injunctive remedies in any jurisdiction.
Tastee Software reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.
© 2023 Tastee Software Corporation. All rights reserved. Tastee Software and the Tastee Software logo, Tastee Software style scape and Tastee Software brand collateral are all trademarks of Tastee Software Corporation. All other brand and product names are trademarks or registered trademarks of their respective holders.
