By visiting warmandrosy.com, you hereby consent to our Terms of Service.
These Terms of Service (“Terms”) govern the use of warmandrosy.com (the “Site”) by any visitors to or users of the Site (“user,” “users”, “you” and “your”). By using this Site, you accept the Terms of Warm & Rosy (“we”, “us”, “our” or similar pronouns) in full and without reservation. If you disagree with these Terms or any part of these Terms, you must not use this Site.
You must be at least thirteen years of age to use this Site. By using this Site and by agreeing to these Terms, you warrant and represent that you are at least 13 years of age.
Any information provided on the Site in posts, pages, recipes, graphics, and/or photographs is subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content.
Nothing on this website constitutes, or is intended to constitute, professional advice of any kind, including but not limited to medical, nutritional, legal or financial advice. If you require advice in relation to any medical, nutritional, legal or financial matter you should consult an appropriate professional.
Use of our Site
You may use the Site for lawful purposes only. You agree to use the Site for legitimate, non-commercial purposes only. You must not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this Site, transmit unsolicited commercial communications, or use this Site for any purposes related to marketing without our express written consent.
Under these Terms, your “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Warm & Rosy or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from submission of user content. For all user content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the user content, and that the use or display of the user content will not violate any laws, rules, regulations, or rights of third parties.
We claim no intellectual property rights over the user content you supply to us; however, by posting user content on the Site, you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
Our Intellectual Property
Unless otherwise stated, all material published on this Site is the intellectual property of Warm & Rosy, including trademarks, logos, copyrights, proprietary information, and other intellectual property (“IP”). Subject to the license below, all IP rights are reserved, and you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the IP, in whole or in part, without our prior written consent.
You may share the original images of Warm & Rosy if you prominently credit Warm & Rosy and provide two links for the image – one back to the post in which the image appeared and one back to warmandrosy.com.
Changes to these Terms
We may amend or revise these Terms from time to time. Any modification to these Terms will be posted on this page. You acknowledge and agree that it is your responsibility to review the Terms periodically and to become aware of any modification. Your continued use of the Site after any modification to these Terms will constitute notice and accept of such modifications.
Third Party Resources
We may provide links to other websites and/or resources. You agree that we are not responsible or liable for the availability of any such external sites or resources, nor are we responsible or liable for any content, products, advertising or policies, on or available from such third party sites or resources. Links to such sites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WARM & ROSY SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: (I) THE USE OR INABILITY TO USE OUR SITE; (II) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SITE; (V) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SITE. N THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us harmless from and against any and all losses, damages, costs, liabilities, assessments and expenses, including without limitation, attorney’s fees and any amounts paid by us to a third party in settlement of a claim or dispute, arising out of any claim relating to a breach by you of any of these Terms, or any use by you of the Site. You agree to provide us with such assistance, without charge, as we may request in connection with any defense arising out of any such claim, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You agree to not settle any third party claim or waive any defense without our prior written consent.
Exclusions and Limitations
Nothing under these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.
You may not assign, delegate, sub-license or otherwise transfer your rights and/or obligations under these Terms. Any such transfer by you is therefore invalid.
Choice of Law and Forum
These Terms will be governed by and construed in accordance with the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms or the relationship between you and us, shall be filed within the courts having jurisdiction within the County of Morris, New Jersey or the U.S. District Court located in said state. You agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability
At any time, should we fail to exercise or enforce any provision of the Terms, such failure shall not constitute a waiver of such provision. If any provision of these Terms is determined by any arbitrator or court of competent authority to be unlawful and/or unenforceable, the other provisions will remain in full force and effect.
If you have any questions regarding these Terms, please do not hesitate to contact us here or by emailing us at info (at) warmandrosy (dot) com.
Last Updated: August 6, 2020