Terms of Service

v1.0 (9/25/2011)

Please read the terms of service carefully before using this web site. Your use of this web site indicates that you accept these terms of service. We've created these terms of service to protect you and to ensure that our site is safe and fun for everyone. These terms and conditions may change from time to time so please check them periodically to be sure you are aware of the terms. This website is operated by Diane's Market Kitchen.

Please note, when you enter any other Diane's Market Kitchen website, it may have different Terms of Service specific to that site. We urge you to read the Terms of Service of each Diane's Market Kitchen site.

Copyright

All content included on this site, including graphics, text, images, logos, button icons, images, audio and video clips and software, as well as the compilation of the content, is the property of either Diane's Market Kitchen and/or its licensors and is protected by U.S. and international copyright laws. Any use, including the reproduction, modification, creating derivative works, distribution, transmission or display of the content on this site except for personnel use relating to activities of the site is prohibited unless otherwise noted.

Use of Materials

In no way should a link to www.dianesmarketkitchen.com be used for commercial purposes, unless with specific written consent of Diane’s Market Kitchen.

Registration and Password

You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Diane's Market Kitchen of any unauthorized use of your registration.

Submissions

Diane's Market Kitchen will own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to Services, and you agree to assign such submissions to Diane's Market Kitchen free of charge. Diane's Market Kitchen may use such submissions, as it deems appropriate in its sole discretion.

Links To Other Sites

Links to other sites are operated by third parties and are provided as a convenience only. If you use these links, you will leave this site. Diane's Market Kitchen is not responsible for the content on these other sites. You use them at your own risk. A link from our site does not mean we sanction their content, or endorse any of their products.

Indemnity

You agree to indemnify and hold Diane's Market Kitchen and its affiliates, officers, employees and agents harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of your use of this site. This includes any submission you post, email you transmit through the site, or any violation of the terms of service.

Disclaimer

This site is provided on an "as is" basis. Diane's Market Kitchen makes no representations or warranties of any kind, express or implied, as to materials, products or services offered on this site. Diane's Market Kitchen disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness, or title. Diane's Market Kitchen does not warrant the accuracy or completeness of the information at this site, nor are we responsible for any failure of performance caused by or arising out of use or access to any content or information provided by this site. Diane's Market Kitchen may make changes to the information at this site, including the products and prices described, at any time without prior notice. Information at this site that is periodically updated may not be current at the moment you visit this site and may contain errors. Diane's Market Kitchen does not warrant that use of this site will be uninterrupted, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

By using this site, you agree to not hold Diane's Market Kitchen or any other parties involved in creating and delivering this site's content, materials or products responsible for any direct, indirect, incidental or consequential damage (including profit losses, lost data or business interruption) from any material gained through this site. You further agree to not hold Diane's Market Kitchen or its affiliates responsible for any damages resulting from the inability to use any web site linked to this site, the materials or information contained, or the products or services offered.

Termination

Diane's Market Kitchen reserves the right to restrict access to this site to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to this site by any person, including persons who previously had access.

General

The terms of service agreement shall be governed by the laws of the State of Washington as it is applied to contracts entered into by residents of the United States of America. If you access this site from other locations, you do so by your own will and are bound by local laws, if applicable. You agree that any cause of action arising out of this agreement shall commence within one year after the cause of action arose; otherwise the cause of action is permanently barred. All disputes shall be under the jurisdiction and venue of the State of Washington.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Diane’s Market Kitchen may assign its rights and obligations under these Terms of Service and upon such assignment Diane’s Market Kitchen may be relieved of any further obligation hereunder.

Diane's Kitchen reserves the right to charge fees, surcharges and/or membership fees at any time.

You represent to Diane's Market Kitchen that you have the authority to register according to these Terms of Service.