Usage Policy
Southernfried.com Terms of Service
Updated: 7.11.07
- Acceptance of Terms of Service
By signing on to the Southernfried.com web site and selecting the "sign in" option, you are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time.
These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, event or course govern your use of the Southernfried.com web site and all services, products, digital products events and courses provided in connection with the Southernfried.com web site, including but not limited to any course, service, product, digital product, events or personal account provided to you by Southernfried.com.
Southernfried.com shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for the Southernfried.com web site. - Changes to Terms of Service.
- Subject to changes without notice. From time to time Southernfried.com may supplement or change these Terms of Service without notice. Always refer to this page for the latest and currently extant Terms of Service.
- Additional terms of service. From time to time Southernfried.com may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Southernfried.com web site to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
- Consent to terms of service. The Terms of Service for your continued use of the Southernfried.com web site will be available throughout the Southernfried.com web site. Please check these areas before using the Southernfried.com web site to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Southernfried.com immediately by:
- notifying Southernfried.com of your unwillingness to accept the changes to the Terms of Service; and
- discontinuing your use of the Southernfried.com web site.
- Registration Information/Privacy Policy
When you register for the Southernfried.com web site, you will be required to provide Southernfried.com with the following information: a user name (which may be pseudonymous), an e-mail address, and a password. In addition, you may choose to provide Southernfried.com with additional information, including your zip code, first name, last name and other information to be determined by you. Any information provided by you or gathered by Southernfried.com or third parties during any visit to the Southernfried.com web site shall be subject to the terms of Southernfried.com’s Privacy Policy.
- Termination
Southernfried.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, without notice: - These Terms of Service, and/or
- Your registration(s) with or ability to access the Southernfried.com web site and/or any other service, specific content, digital products, products, courses or events, provided to you by Southernfried.com,
- Community guidelines and unacceptable content
- You agree to comply with the Southernfried.com Community Guidelines.
- You alone are responsible for the content of your contributions to the Southernfried.com web site, and any consequences of such content. Southernfried.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following community guidelines.
- Southernfried.com declines to publish unacceptable content. Everything published on the Southernfried.com web site is content: Your posts, comments, forum messages, poll responses, audio, video, text, images, and other types of content not yet developed. We embrace your diversity of opinions and values (see Community Guidelines), but we insist that your content may not include anything unacceptable. We define unacceptable content as anything included or linked that is:
- Being used to abuse, harass, stalk or threaten a person or persons.
- Libelous, defamatory, knowingly false or misrepresents another person.
- Infringes upon any copyright, trademark, trade secret or patent of any third party. (If you quote or excerpt someone's content, it is your responsibility to provide proper attribution to the original author. For a clear definition of proper attribution and fair use, please see The Electronic Frontier Foundation's Legal Guide for Bloggers at this URL: http://www.eff.org/bloggers/lg/.)
- Violates any obligation of confidentiality.
- Violates the privacy, publicity, moral or any other right of any third party.
- Contains only paid advertising links and/or spam.
- Southernfried.com embraces civil disagreement. As a Web site devoted to creating an opportunity for all kinds of individuals to seek greater exposure, education and community, we agree to agree and to disagree-as strongly as need be-without crossing the boundaries into unacceptable content as defined above.
- Rights and Usage.
- Third Party Services
- Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Southernfried.com of any unauthorized use of your registration or password.
- Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the Southernfried.com web site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to General Counsel, Southernfried.com, 314 Germander Avenue, Summerville, SC 29483, and send a detailed e-mail message to copyright@southernfried.com.
- Disclaimer of Warranties
You expressly agree that use of the Southernfried.com web site, including but not limited to all content, services, digital products, courses, events, tools and products purchased through the Southernfried.com web site, is at your sole risk. the Southernfried.com web site is provided on an "as is" and "as available" basis. Southernfried.com expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Southernfried.com makes no warranty that the Southernfried.com web site will meet your requirements, or that the Southernfried.com web site will be uninterrupted, timely, secure, or error free; nor does Southernfried.com make any warranty as to the results that may be obtained from the use of the Southernfried.com web site. Southernfried.com will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of the Southernfried.com web site.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Southernfried.com web site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that Southernfried.com does not guarantee the accuracy, completeness or usefulness for a particular purpose of any information provided in connection with the Southernfried.com web site. Southernfried.com is not responsible for any errors or omissions or for the results obtained from the use of such information. the information is provided with the understanding that neither Southernfried.com nor its members, while such members are participating in the Southernfried.com web site, are engaged in rendering legal, medical, counseling or other professional services or advice. Southernfried.com encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
Southernfried.com shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in the Southernfried.com web site, its digital products or services. your participation in the Southernfried.com web site is solely at your own risk. no advice or information, whether oral or written, obtained by you from Southernfried.com or through the Southernfried.com web site, its employees, consultants and/or experts shall create any warranty not expressly made herein.
Southernfried.com makes no warranty regarding any goods, services, digital products, events, courses, content, tools or products purchased or obtained through the Southernfried.com web site or any transactions entered into through the Southernfried.com web site.
Southernfried.com is not responsible for any content on the internet or world wide web pages that is contained outside the Southernfried.com web site. As a convenience to our members, we may we make no representations as to the quality, suitability, functionality or legality of any sites to which Southernfried.com may provide links, and you hereby waive any claim you might have against Southernfried.com with respect to such sites.
- Limitation of Liability
Southernfried.com shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Southernfried.com web site or for the cost of procurement of substitute goods and services or resulting from any goods, services, digital products, events, courses and/or content purchased or obtained or messages received or transactions entered into through the Southernfried.com web site or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if Southernfried.com has been advised of the possibility of such damages.
- Content storage
Southernfried.com assumes no responsibility for the deletion of or failure to store user created content.
- Newsletters that include Promotional Messages
At your request, Southernfried.com may send e-mail messages to you containing labeled advertisements, promotions, etc. Southernfried.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Southernfried.com nor such third party shall have any liability with respect thereto.
- Indemnification
You agree to indemnify and hold each of Southernfried.com, its parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Southernfried.com web site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
- Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflicts of laws provisions. By registering for or entering the Southernfried.com web site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Charleston, South Carolina.
- Remedies for Breach of these Terms by You
In the event that Southernfried.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Southernfried.com web site, Southernfried.com reserves the right to: - Warn you via email (to any email address you have provided to Southernfried.com) that you have violated these Terms of Service;
- Delete any or all content provided by you or your agent(s) to The Southernfried.com web site;
- Discontinue your registration(s) with the Southernfried.com web site and/or any other Southernfried.com community;
- discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Southernfried.com web site.
- notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- any other action which Southernfried.com deems to be appropriate.
- Changes in service
Southernfried.com reserves the right to terminate free access to the Southernfried.com web site including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Southernfried.com reserves the right (at Southernfried.com's discretion) to provide you with notice of such change by prominently posting a notice on the Southernfried.com web site and/or sending written notice to you at any e-mail and/or post office address you have provided to Southernfried.com. Once free access is terminated Southernfried.com may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Southernfried.com web site and/or any for-pay content, services, digital products, products, events, tools or products.
When you as a user submit content to Southernfried.com, including forums, comments and your account, you thereby have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.
By submitting content, which shall include your user name, to any "public area" of the Southernfried.com web site, including forums, comments and your account, you grant Southernfried.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Anything contained herein to the contrary notwithstanding, by submitting content to any forums, comments or any other area on the Southernfried.com web site, you hereby expressly permit Southernfried.com to identify you by your username (which may be a pseudonym) as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify Southernfried.com in writing at the time you submit the content that you do not wish to be identified.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Southernfried.com web site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
You may order services or merchandise through the Southernfried.com web site from other persons not affiliated with Southernfried.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Southernfried.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Southernfried.com nor will Southernfried.com be construed as a party to such transactions, whether or not Southernfried.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Southernfried.com may include special routing icons which may be located within the Southernfried.com web site, the activation of which will allow you to access and learn more about Southernfried.com and other services provided by Southernfried.com whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
Third Party Services, websites and links thereto may be included within the Southernfried.com web site. By using this site, you recognize that these services, web sites and links may use non-personally-identifable information about you. When you access any of these services or websites, your rights and obligations will be governed by the agreements and policies relating to the use of those services or websites.
If your registration(s) with or ability to access the Southernfried.com web site, any other Southernfried.com community and/or any other service, product, content, course, event, tool or digital product provided to you by Southernfried.com is discontinued by Southernfried.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Southernfried.com web site, then you agree that you shall not attempt to re-register with or access the Southernfried.com web site, any other Southernfried.com community and/or any other digital product, course content or service provided by Southernfried.com, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated.
In the event that you violate the immediately preceding sentence, Southernfried.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.