1. Proprietary Rights. As between you and us, we solely and exclusively own and reserve all rights, title, and interest in and to the Site, all the content (for example, including without limitation, audio, photographs, illustrations, graphics, other visuals, video, text, software, titles, etc.), code, data and materials thereon, the “look and feel,” design, and organization of the Site, and the compilation of the content, code, data and materials on the Site, including without limitation, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership of any kind of any content, code, data, or materials you may access on or through the Site.
2. Limited License. You may access and view the content on the Site on your computer or other device, and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial, and internal use only. Use of the Site and the services offered on or through the Site are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
3. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from just a little piece or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from (however, of course you may prepare food and drink in accordance with recipes contained on the Site for personal use and enjoyment without violating these Terms), sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Site. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).
4. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”; also including without limitation, designs, graphics, photographs, recipes, and the “look and feel” of the Site) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and are the sole and exclusive property of just a little piece. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. You may not use any Trademark without the owner’s written permission.
Just a little piece may, from time to time, make bulletin boards, message boards, messaging services, chat services, photo galleries, blogs, user review and ratings forums, other forums, and other such services and features available on or through the Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms, you represent, warrant, and agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
- Restrict or inhibit any other user’s use and enjoyment from the Site or the Site’s services;
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threaten or invite violence, or are derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference, or disability;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability, or otherwise violate any local, state, national, or international law;
- Violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of publicity or privacy, or any other proprietary right;
- Contain a virus, spyware, or other harmful component;
- Contain embedded links, advertising, chain letters, or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of origin, endorsement, or statements of fact; or
- Contain sensitive, proprietary, or confidential information about yourself or others.
7. Prohibited User Conduct. You warrant and agree that, while using the Site and the various services and features offered on or through the Site you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from just a little piece or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Site’s content, materials or services, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site; (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation, any information residing on any server or database connected to the Site or the services offered on or through the Site; (e) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (f) use the Site or the Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (g) use the Site or the Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site
8. Right to Monitor. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, our policies, or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions, or applicable law, or for any other reason without notice or liability.
9. Private or Sensitive Information on Posts/Public Forums. It is important to remember that comments submitted to a post or forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who may read them eventually. It is therefore important to be careful and selective about the personal information that you disclose about yourself and others; in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our posts or public forums.
10. Linking to the Web Site. You agree that if you include a link from any other website to the Site, such link shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Site from any other website at any time upon written notice to you.
11. Indemnification. By using the Site or submitting any User Information, photograph, and/or Submitted Materials you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph and/or Submitted Materials, we may rely on your representations and warranties contained herein. You agree to defend, indemnify, and hold just a little piece and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software, or other materials on or through the Site, or your breach or violation of the law or of these Terms. Just a little piece reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to just a little piece. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
14. Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others, and require that Site users do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please send written notice of the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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;
- 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 are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
15. DISCLAIMER OF WARRANTIES. JUST A LITTLE PIECE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. JUST A LITTLE PIECE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE; HOWEVER, WE DO NOT WARRANT THAT ANY INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. OPINIONS STATED ON THE SITE ARE MERELY OPINIONS AND SHOULD NOT BE CONSTRUED AS ADVICE, AS WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION OR STATEMENT ON THE SITE. NOR ARE WE RESPONSIBLE FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER SITE USERS). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. THE INFORMATION CONTAINED IN OR MADE AVAILABLE ON THE SITE IS PROVIDED FOR INFORMATIONAL OR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, OR OTHER CONTENT, INCLUDING WITHOUT LIMITATION FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, JUST A LITTLE PIECE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH JUST A LITTLE PIECE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY JUST A LITTLE PIECE “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND JUST A LITTLE PIECE OR ITS LICENSOR OR SUPPLIER.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH JUST A LITTLE PIECE. JUST A LITTLE PIECE HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS, OR CONTRIBUTIONS CONTAINED ON THE SITE.
16. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CASSANDRA ALTMANN, JUST A LITTLE PIECE, OR ANY OF JUST A LITTLE PIECE’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO JUST A LITTLE PIECE FOR YOUR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
17. Applicable Laws. Just a little piece controls and operates the Site from San Diego, California, United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of California, USA, without regard to principles of conflict of laws. All parties to these terms and conditions waive their respective rights to a trial by jury.
18. Dispute Resolution. Any controversy or claim arising out of or relating to these terms and conditions or breach hereof, or otherwise relating to the Site (with the exception of injunctive relief sought by just a little piece for any violation of our proprietary rights), shall be settled by binding arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties. Each such arbitrator shall be an attorney having experience and familiarity with information technology disputes. The location of arbitration shall be San Diego, California, USA. The arbitrators shall have the right to award costs, fees, and expenses, including but not limited to the arbitrators’ fees and reasonable attorneys’ fees, to the prevailing party. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.
19. Termination. Just a little piece may terminate, change, suspend, or discontinue any aspect of the Site or the Site’s services (including, without limitation, content, features, or hours of availability), at any time and for any reason. Just a little piece may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our Terms or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
20. Modifications. Just a little piece reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time; when we do, we will revise the “Last Updated” date at the bottom of this page. Changes in the Terms will be effective when posted; your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms are posted will be considered acceptance of those changes.
The Site is firmly committed to maintaining the privacy and protection of our users’ personal information as outlined in this policy.
1. Personal Information. We only collect personal identification information from users if they voluntarily submit such information to us, for example, by filling out a form. Users may visit the Site anonymously.
2. Non-Personal Information. We may collect non-personal identification information about users when they interact with the Site. Non-personal identification information may include the browser name or other technical information about users’ means of connection to the Site, such as the operating system, the Internet service providers utilized, or other similar information.
4. How We Use Collected Information. Just a little piece may collect and use users’ personal information for the following purposes:
- To run a promotion, contest, survey, or other Site feature.
- To send periodic emails in response to inquiries, questions, and/or other requests.
5. How We Protect Your Information. We adopt appropriate practices and security measures to protect against loss, alteration, or misuse of data you have provided to us.
6. Sharing Your Information. We do not sell, trade, rent, or share users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.
7. Third Party Websites. Users may find advertising or other content on the Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, or other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
10. Children’s Online Privacy Protection Act. Just a little piece directed toward adults; it is not directed to children under the age of 13. The Site operates in compliance with the Children’s Online Privacy Protection Act, and does not knowingly collect or use personal information from anyone under 13 years of age.
11. Modifications. Just a little piece reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time; when we do, we will revise the “Last Updated” date at the bottom of this page. Changes in the Terms will be effective when posted; your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms are posted will be considered acceptance of those changes.
Just a little piece was made with our readers in mind. This Site is an opportunity to share and enjoy our potential common interests: food and enjoying life. Our readers can rest assured that we don’t intend on overloading our Site with tons of ads; however, blogging costs money and making back some of the money we have invested blog is what keeps it alive and lets us continue share our passion for food and living. It is our policy to try our best to keep our ads as closely related to the Site’s content as possible.
1. Advertisements and Affiliates. Our ads are mostly served by third-party companies, so we don’t always have control over their content; however, if a particular ad is offensive please contact us at firstname.lastname@example.org and we will do our best to have it removed. In addition to ads, we may also run affiliate links; if you click on an affiliate link and make a purchase we may get a small percentage of your purchase, or we may get a small amount of money per click. It is our policy to only promote products we believe in through affiliate links.
2. Promotions (Including Reviews and Giveaways). We occasionally discuss products or restaurant meals on Just a little piece; the main reason behind this is if we find something we are excited to try or have, we want to share it with our readers! It is our policy to only review products we’ve personally tried or meals we’ve personally eaten. Sometimes a product is provided to us for free and sometimes we pay for it; if it was provided for free, this is always stated in the post. Whether or not the product was free does not influence our opinion of it, as it is our policy to share our honest opinion, including the good as well as the bad, as applicable. (Please note that acceptance of a free product does not guarantee a review; we reserve the right not to discuss a product on the Site, especially if we try a product and find that we don’t like it at all.) We also occasionally run giveaways on just a little piece; it is our policy to only state our opinion of the product/service being given away if we have personally tried it. It is always free to enter our giveaways, and items being given away are always free to the winner.
3. Sponsored Posts. We occasionally feature sponsored posts on just a little piece; if a post is sponsored, this will always be stated in the post. It is our policy to only feature sponsored posts that we believe in, and are in alignment with our blog.
If you have any questions about these Terms, please contact us at: email@example.com
This document was last updated on January 14, 2013