Friday, January 1, 2010

Terms, Conditions, Privacy, and Disclosure

HungryHappyHealthy is a recipe, nutrition, fitness, and lifestyle site that allows Visitors and Members to build menu plans, browse recipe and nutrition information, and research nutrition, fitness, and lifestyle information. The information and services offered by HungryHappyHealthy ("HungryHappyHealthy.Blogspot.com", “HungryHappyHealthy”, “Hungry Happy Healthy”, or "we") include the HungryHappyHealthy.Blogspot.com website (the "HungryHappyHealthy Website"), and any other features, content, or applications offered from time to time by HungryHappyHealthy in connection with the HungryHappyHealthy Website (collectively, the "Services").

These Terms and Conditions of Use ("Terms and Conditions") set out the legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms and Conditions, whether you are a "Visitor" (which means that you simply browse the HungryHappyHealthy Website) or you are a "Member" (which means that you have registered with HungryHappyHealthy.Blogspot.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully and save it. If you do not agree with it, you should leave the HungryHappyHealthy Website and discontinue use of the Services immediately.

HungryHappyHealthy may modify these Terms and Conditions from time to time and such modification shall be effective upon posting by HungryHappyHealthy on the HungryHappyHealthy Website. You agree to be bound to any changes to these Terms and Conditions when you use the Services after any such modification is posted. It is therefore important that you review these Terms and Conditions regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on HungryHappyHealthy and that you provide to other Users. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HungryHappyHealthy Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HungryHappyHealthy assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact hungryhappyhealthy@gmail.com.

HungryHappyHealthy 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 any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of the Services is void where prohibited. You do not have to become a registered user to use the Services. However, if you do not register, you may be precluded from using certain elements of the Services, such as participation in, and contribution to, any Forum, meaning any chat room, message board, bulletin board, or similar activity where you and other Members can communicate.

    By using the Services, you represent and warrant that (a) all registration information you submit is true, accurate and complete, and that you will maintain the accuracy of such information; (b) all information that you provide us in using the Services will be true, accurate and complete; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted, your use of the Services suspended and your Membership may be terminated without warning, if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect this is the case or that you are under 13 years of age.
  2. Terms. By accessing HungryHappyHealthy, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in HungryHappyHealthy are protected by applicable copyright and trade mark law. These Terms and Conditions shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time and for any reason. HungryHappyHealthy may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms and Conditions will remain in effect.
  3. Fees. You acknowledge that HungryHappyHealthy reserves the right to charge for the Services and to change its fees from time to time in its discretion. If HungryHappyHealthy terminates your Membership because you have breached these Terms and Conditions, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Non-commercial Use by Members. The Services are for the personal use of Visitors and Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HungryHappyHealthy. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Visitors or Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the HungryHappyHealthy 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 Services.
  5. Proprietary Rights in Content on HungryHappyHealthy. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to HungryHappyHealthy, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the HungryHappyHealthy servers after you have removed the Content from the Services, and HungryHappyHealthy retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services 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 Services 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 Services.

    The Services contain Content of HungryHappyHealthy ("HungryHappyHealthy Content"). HungryHappyHealthy Content is protected by copyright, trademark, patent, trade secret and other laws, and HungryHappyHealthy owns and retains all rights in the HungryHappyHealthy Content and the Services.
  6. Use License. HungryHappyHealthy hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HungryHappyHealthy Content (excluding any software code) solely for your personal use in connection with viewing the the HungryHappyHealthy Website and using the Services as underlined by the conditions below.


    1. Permission is granted to temporarily download one copy of the Content (excluding any software code) on the HungryHappyHealthy Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the HungryHappyHealthy Website;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server.
    2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the HungryHappyHealthy Website at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.


    The Services contain Content of Users and other the HungryHappyHealthy licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

  7. Content Posted. HungryHappyHealthy may delete any Content that in the sole judgment of HungryHappyHealthy violates these Terms and Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HungryHappyHealthy assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time HungryHappyHealthy chooses, in its sole discretion, to monitor the Services, HungryHappyHealthy nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, 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 any of the Services, and any material or information that you transmit to other Visitors or Members and for your interactions with other Users. HungryHappyHealthy does not endorse and has no control over the Content. Content is not necessarily reviewed by HungryHappyHealthy prior to posting and does not necessarily reflect the opinions or policies of HungryHappyHealthy. HungryHappyHealthy 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 Visitors or Members. You understand that by using the Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Website or by using the Services.
  8. Parental or Guardian Permission. Some of the Content on this Website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website and using the Services.
  9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. HungryHappyHealthy reserves the right to investigate and take appropriate legal action against anyone who, in HungryHappyHealthy's sole discretion, violates this provision, including without limitation, removing any offending communication from the Services and terminating the Membership of such violators. Prohibited Content and activity includes, but is not limited to Content that, in the sole discretion of HungryHappyHealthy:


    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18 or harms minors in any way;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work or contains materials that infringe upon any patent trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
    9. contains information that you do not have a right to post under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
    10. involves the transmission of "junk mail," "chain letters," "pyramid schemes," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
    13. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
    15. includes a photograph of another person that you have posted without that person's consent.


    The following is a partial list of the kind of activity that is illegal or prohibited on the HungryHappyHealthy Website and through your use of the Services. HungryHappyHealthy reserves the right to investigate and take appropriate legal action against anyone who, in HungryHappyHealthy's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:


    1. criminal or tortious 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;
    2. advertising to, or solicitation of, any Visitor or Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Visitors or Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Visitor or Member without their prior explicit consent;
    3. covering or obscuring the banner advertisements on any HungryHappyHealthy page via HTML/CSS or any other means;
    4. modifying, adapting, translating or reverse engineering any portion of the Services;
    5. using any robot, spider, site search/retrieval application, or other automated device, process or means to access, query, retrieve, index or otherwise collect any portion of the Services (other than with the consent of HungryHappyHealthy);
    6. accessing, retrieving or indexing any portion of the Services for purposes of constructing or populating a searchable database that is in any way similar to HungryHappyHealthy Content;
    7. any automated use of the system, such as using scripts to send comments or messages;
    8. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    9. attempting to impersonate another Visitor or Member or person;
    10. 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;
    11. selling or otherwise transferring your profile;
    12. using any information obtained from the Services in order to harass, abuse, or harm another person;
    13. 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 Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending private messages with a commercial purpose; or
    14. using the Services in a manner inconsistent with any and all applicable laws and regulations.

  10. 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. It is the policy of HungryHappyHealthy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to HungryHappyHealthy 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 Services in a way that constitutes copyright infringement, please contact HungryHappyHealthy 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 Services; (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. HungryHappyHealthy at hungryhappyhealthy@gmail.com.
  11. Member Disputes. You are solely responsible for your interactions with other HungryHappyHealthy Visitors or Members. HungryHappyHealthy reserves the right, but has no obligation, to monitor disputes between you and other Visitors or Members.
  12. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.
  13. Health Disclaimer. The HungryHappyHealthy Website and Services provide diet, weight loss management and nutritional information and are intended only to assist users in their personal efforts. HungryHappyHealthy is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the HungryHappyHealthy Website and Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
    You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website and Services is intended for use only by healthy adult individuals. The Website and Services is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
  14. Disclaimers. HungryHappyHealthy is not responsible for any incorrect or inaccurate Content posted on the HungryHappyHealthy Website or in connection with the Services, whether caused by HungryHappyHealthy, Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The HungryHappyHealthy Website may contain links to other websites. HungryHappyHealthy 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 HungryHappyHealthy. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by HungryHappyHealthy. When you access these third-party sites, you do so at your own risk. HungryHappyHealthy takes no responsibility for third party advertisements which are posted on this HungryHappyHealthy Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. HungryHappyHealthy is not responsible for the conduct, whether online or offline, of any User of the Services. HungryHappyHealthy 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. HungryHappyHealthy 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 Services 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 Services. Under no circumstances shall HungryHappyHealthy be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a HungryHappyHealthy event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and HungryHappyHealthy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability,any warranty of fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. HungryHappyHealthy cannot guarantee and does not promise any specific results from use of the Services.
  15. Revisions and Errata. The materials appearing on HungryHappyHealthy could include technical, typographical, or photographic errors. HungryHappyHealthy does not warranty that any of the materials on its website are accurate, complete, or current. HungryHappyHealthy may make changes to the materials contained on its website at any time without notice. HungryHappyHealthy does not, however, make any commitment to update the materials.
  16. Limitation on Liability. IN NO EVENT SHALL HUNGRYHAPPYHEALTHY 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 HUNGRYHAPPYHEALTHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUNGRYHAPPYHEALTHY'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 HUNGRYHAPPYHEALTHY FOR THE HUNGRYHAPPYHEALTHY SERVICES DURING THE TERM OF MEMBERSHIP.
  17. Governing Law and Disputes. These Terms and Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of Louisiana, United States of America, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms and Conditions shall be filed only in the state or federal courts located in the State of Louisiana, United States of America and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, provided that the foregoing shall not prevent HungryHappyHealthy from seeking injunctive relief in a court of competent jurisdiction.
  18. Indemnity. You agree to indemnify and hold HungryHappyHealthy, its subsidiaries, and affiliates, 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 Services in violation of these Terms & Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HungryHappyHealthy Website or through the Services causes HungryHappyHealthy to be liable to another.
  19. Site Terms of Use Modifications. HungryHappyHealthy may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the current version of these Terms and Conditions of Use.
  20. Other. These Terms and Conditions are accepted upon your use of the HungryHappyHealthy Website or any of the Services and is further affirmed by you becoming a Member. These Terms and Conditions constitute the entire agreement between you and HungryHappyHealthy regarding the use of the Services. The failure of HungryHappyHealthy to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions operates to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: hungryhappyhealthy@gmail.com with any questions regarding these Terms and Conditions. I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


Privacy Policy

Your privacy is very important to us. Accordingly, HungryHappyHealthy has developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.


Disclosure

This policy is valid from 1 January 2010.

HungryHappyHealthy may accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. The compensation received will never influence the content, topics, or posts made in this website. All advertising is in the form of advertisements generated by a third-party ad network.

The owner(s) of HungryHappyHealthy may be compensated to provide opinions on products, services, websites and various other topics. Even though the owner(s) of HungryHappyHealthy may receive compensation for posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the owner(s) own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
HungryHappyHealthy does not contain any content which might present a conflict of interest.

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