TasteBuds Network is a professional and social networking platform that allows members to create unique profiles online in order to find and communicate with other home cuisine and restaurant enthusiasts. The services offered by TasteBuds.net include the tastbuds.net website ("TasteBuds Website"), and any other features, content, or applications offered from time to time by TasteBuds.net in connection with the TasteBuds.net website (collectively, "TasteBuds Network"). The TasteBuds Network is hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TasteBuds Network. By using the TasteBuds Network, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TasteBuds Website) or you are a "Member" (which means that you have registered with TasteBuds.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the TasteBuds Network (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TasteBuds.net Website and discontinue use of the TasteBuds Network immediately. If you wish to become a Member, which entitles you to communicate with other Members and use the TasteBuds Network, you must read this Agreement and indicate your acceptance during the Registration process. Your acceptance of this Agreement means you agree to be legally bound to its terms and conditions. This Agreement includes TasteBuds.net's policy for acceptable use of the TasteBuds Network and Content posted on the TasteBuds.net Website, your rights, obligations and restrictions regarding your use of the TasteBuds Network and TasteBuds.net's Privacy Policy. In order to participate in certain TasteBuds Network services, you may be notified that you need to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the TasteBuds Network in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at info (at) TasteBuds.net and referencing Terms of Use Agreement in the subject line. TasteBuds.net may modify this Agreement from time to time and such modification shall be effective upon posting the modified Agreement on the TasteBuds.net Website. You agree to be bound to any changes to this Agreement when you use the TasteBuds Network after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are aware of any changes. Please choose carefully the information you post on TasteBuds.net and that you provide to other Users. Your TasteBuds.net profile may not include the following items: photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter ("Objectionable Matter"). LINKING TO OBJECTIONABLE MATTER IS ALSO PROHIBITED. Despite this prohibition, information provided by other TasteBuds.net Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TasteBuds.net assumes no responsibility or liability for this material. If you become aware of misuse of the TasteBuds Network by any person, please contact info (at) TasteBuds.net. TasteBuds.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or part of the TasteBuds Network at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Use of and membership in the TasteBuds Network is void where prohibited. By using the TasteBuds Network, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you will not post or link to Objectionable Matter; and (e) your use of the TasteBuds Network does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if TasteBuds.net believes that you are under 18 years of age.

Term

This Agreement shall remain in full force and effect while you use the TasteBuds Network or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Member's Account Settings page. TasteBuds.net may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect.

Password

When you sign up to become a Member, you also will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TasteBuds.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members

The TasteBuds Network is for the professional use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TasteBuds.net. Illegal and/or unauthorized use of the TasteBuds Network, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TasteBuds.net Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the TasteBuds Network.

Proprietary Rights in Content on TasteBuds.net

TasteBuds.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the TasteBuds Network. After posting your Content to the TasteBuds Network, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the TasteBuds Network, you hereby grant to TasteBuds.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the TasteBuds Network. Without this license, TasteBuds.net would be unable to provide the TasteBuds Network. For example, without the right to modify Member Content, TasteBuds.net would not be able to digitally compress photographic imagegs or videos that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, TasteBuds.net could not allow Users to watch videos posted by Members. The license you grant to TasteBuds.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to TasteBuds.net), fully-paid and royalty-free (meaning that TasteBuds.net is not required to pay you for the use of the Content you post on the TasteBuds Network), sub licensable (so that TasteBuds.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TasteBuds Network), and worldwide (because the Internet and the TasteBuds Network are global in reach). This license will terminate at the time you remove your Content from the TasteBuds Network. The license does not grant TasteBuds.net the right to sell your Content, nor does the license grant TasteBuds.net the right to distribute your Content outside of the TasteBuds Network. You represent and warrant that: (i) you own the Content posted by you on or through the TasteBuds Network or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the TasteBuds Network does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the TasteBuds Network. The TasteBuds Network contains Content of TasteBuds.net ("TasteBuds.net Content"). TasteBuds.net Content is protected by copyright, trademark, patent, trade secret and other laws, and TasteBuds.net owns and retains all rights in the TasteBuds.net Content and the TasteBuds Network. TasteBuds.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TasteBuds.net Content (excluding any software code) solely for your personal use in connection with viewing the TasteBuds.net Website and using the TasteBuds Network. The TasteBuds Network contains User Content and other TasteBuds.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, reverse engineer or sell any Content appearing on or through the TasteBuds Network.

Content Posted

TasteBuds.net may delete any Content that in the sole judgment of TasteBuds.net violates this Agreement, which is Objectionable Matter, or which may be offensive, illegal or violate the rights, harms, or threatens the safety of any person. TasteBuds.net assumes no responsibility for monitoring the TasteBuds Network for inappropriate Content or conduct. If at any time TasteBuds.net chooses, in its sole discretion, to monitor the TasteBuds Network, TasteBuds.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content or Objectionable Matter, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through the TasteBuds Network, and any material or information that you transmit to other Members and for your interactions with other Users. TasteBuds.net does not endorse and has no control over the Content. Content is not reviewed by TasteBuds.net prior to posting and does not reflect the opinions or policies of TasteBuds.net. TasteBuds.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited

The following is a partial list of the type of Content that is illegal or prohibited to post on or through the TasteBuds Network. TasteBuds.net reserves the right to investigate and take appropriate legal action against anyone who, in TasteBuds.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the TasteBuds Network and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of TasteBuds.net is: patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password protected pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without TasteBuds.nets prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or for profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the type of activity that is illegal or prohibited on the TasteBuds.net Website and through your use of the TasteBuds Network. TasteBuds.net reserves the right to investigate and take appropriate legal action against anyone who, in TasteBuds.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the TasteBuds Network. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the TasteBuds Network in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, TasteBuds.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TasteBuds.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the TasteBuds Network, you acknowledge that you will have caused substantial harm to TasteBuds.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TasteBuds.net $100.00 for each such unsolicited email or other unsolicited communication you send through the TasteBuds Network; covering or obscuring the banner advertisements on your personal profile page, or any TasteBuds.net page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the TasteBuds Network or the networks or services connected to the TasteBuds Network; attempting to impersonate another Member or person; copying the code for your content and embedding it into other profiles or asking other Members to embed it into their profiles; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the TasteBuds Network in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the TasteBuds Network on behalf of that person, or using the TasteBuds Network in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Recipes are not protected under the Copyright law, and may be reproduced and posted. It is common practice to credit the source of the recipe if it is not your original formula. It is the policy of TasteBuds.net to terminate the membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to TasteBuds.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the TasteBuds Network in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TasteBuds Network; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. TasteBuds.net's Copyright Agent can be reached by emailing info (at) TasteBuds.net. The administrator of TasteBuds.net will determine the validity of your claim and take necessary action to correct the situation.

Member Disputes

You are solely responsible for your interactions with other TasteBuds.net Members. TasteBuds.net reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the TasteBuds Network is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

TasteBuds.net is not responsible for any incorrect or inaccurate Content posted on the TasteBuds.net Website or in connection with the TasteBuds Network, whether caused by Users of the TasteBuds Network or by any of the equipment or programming associated with or utilized in the TasteBuds Network. Profiles created and posted by Members on the TasteBuds.net Website may contain links to other websites. TasteBuds.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TasteBuds.net. Inclusion of any linked website on the TasteBuds Network does not imply approval or endorsement of the linked website by TasteBuds.net. When you access these third-party sites, you do so at your own risk. TasteBuds.net takes no responsibility for third party advertisements, which are posted on this TasteBuds.net Website or through the TasteBuds Network, nor does it take any responsibility for the goods or services provided by its advertisers. TasteBuds.net is not responsible for the conduct, whether online or offline, of any User of the TasteBuds Network. TasteBuds.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TasteBuds.net 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 email or players due to technical problems or traffic congestion on the Internet or on any of the TasteBuds Network or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TasteBuds Network. Under no circumstances shall TasteBuds.net be responsible for any loss or damage, including personal injury or death, resulting from use of the TasteBuds Network, attendance at a TasteBuds.net event, from any Content posted on or through the TasteBuds Network, or from the conduct of any Users of the TasteBuds Network, whether online or offline. The TasteBuds Network is provided "AS-IS" and as available and TasteBuds.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TasteBuds.net cannot guarantee and does not promise any specific results from use of the TasteBuds Network.

Limitation on Liability

IN NO EVENT SHALL TasteBuds.net BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TasteBuds.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TasteBuds.net'S 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 TasteBuds.net FOR THE TasteBuds Network DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls

Software available in connection with the TasteBuds Network (the "Software") is further subject to United States export controls. No Software may be downloaded from the TasteBuds Network or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

If there is any dispute about or involving the TasteBuds Network, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Orange County, Florida. Either TasteBuds.net or you may demand that any dispute between TasteBuds.net and you about or involving the TasteBuds Network must be settled by the appropriate above stated Court.

Indemnity

You agree to indemnify and hold TasteBuds.net, its subsidiaries, affiliates, divisions and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TasteBuds Network in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TasteBuds.net Website or through the TasteBuds Network causes TasteBuds.net to be liable to another.

Other

This Agreement is accepted upon your use of the TasteBuds.net Website or any of the TasteBuds Network and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TasteBuds.net regarding the use of the TasteBuds Network. The failure of TasteBuds.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TasteBuds.net is copyright 2008 by Brahn Communications, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info (at) TasteBuds.net with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.