Uncle Jim’s Foods, Inc. Terms of Service

Effective date: Feb 12, 2012

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Introduction:

This Terms of Service (“Terms”) is a legally binding agreement that governs your use of applications created by Uncle Jim’s Foods, Inc.,a.k.a Uncle Jim’s Pepper Mustard, Uncle Jim’s Store, and MustardHeadTV., including applications that are on and accessed via social networks, such as Facebook, on websites on the Internet, and on other networks and are subject to United States of America copyright laws. These applications are collectively referred to as the “Services” in this document. By accessing or using these Services you agree to the following Terms.

Modification of Terms:

Uncle Jim’s Food, Inc. reserves the right to modify the Terms at any time. When we modify the Terms, we may notify you. However, Uncle Jim’s Food, Inc. is not obligated to notify you of changes. Notification may include, for example: Update the link, Terms of Service, found at the bottom right corner of each page of each application that is a part of the Services. Post a notice on the applications that make up the Services for one week after the Terms have been updated. You agree to periodically check the link to the Terms found on the applications that make up the Services; and, read any messages Uncle Jim’s Food, Inc. sends to you regarding the Terms. Your continued use of the Services after the Terms have been modified constitutes your agreement with the modified Terms.

Legal Notice:

All notices from Uncle Jim’s Foods, Inc. to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Uncle Jim’s Foods, Inc. shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: Uncle Jim’s Foods, Inc. 2317 High Street NW, Warren, Ohio 44483.  Delivery shall be deemed to have been made by You to Uncle Jim’s Foods, Inc five (5) days after the date sent.

Copyright:

All content appearing on this Web site is the property of:

Uncle Jim’s Foods, Inc.
Copyright © 2012 Uncle Jim’s Foods, Inc.  All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012 Uncle Jim’s Foods, Inc. All rights reserved.

Use Of Site:

License to Use the Services:

Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes. You may not use the Services for any other purpose. You may not copy and distribute the content of the Services, except as specifically allowed in this document. Uncle Jim’s Foods, Inc. reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice, without liability. You agree to follow any rules within the applications or forums of the Services, any game-specific rules associated with applications within the Services, and the rules and conditions outlined in the Terms.  You must be 13 year of age or older to use the Services.  If you are between the ages of 13 and 18, inclusive, you represent that your legal guardian has reviewed the Terms and has given you permission to use the Services. If your use of the Services is in violation of the Terms, Uncle Jim’s Foods, Inc. reserves the right to terminate your access to the Services without notice. Violation of the Terms is a breach of contract, an infringement of Uncle Jim’s Foods, Inc.’s copyrights in and to the Services, or both and may result in legal action against you.

Ownership of Intellectual Property:

All materials that are a part of the Services are owned, controlled, or licensed by Uncle Jim’s Foods, Inc., unless otherwise specified in writing, and are protected by law from unauthorized use. The entire content of the Services are copyrighted under the copyright laws of the United States. You do not acquire any rights of ownership to any part of the Services by using the Services, downloading material from the Services, adding material to the Services, or by purchasing any Virtual Goods within the Services. You agree to not copy, publish, redistribute, or make use of any material on the Services without prior written permission from Uncle Jim’s Foods, Inc., except as expressly permitted in the Terms.

Limitations of Use:

You agree that you will not: Engage in or promote any illegal activity such as hacking the Services, cheating, or using any software such as “bots” or other applications that are designed to change the experience of the Services. Upload to the servers used by Uncle Jim’s Foods, Inc. to provide these Services any software or application that will damage the Services or alter the operation of the Services. Examples of such software or applications are, but are not limited to, Trojan horses, viruses, worms, time bombs, and corrupted files. Except as allowed by applicable law, copy, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services. Post any content to any part of the Services that: is unlawful; is offensive and related to race, national origin, sexual preference, sex, or physical handicap; is profane, obscene, pornographic, or sexual in nature; harasses, intimidates, libels, mocks, or threatens other users or persons; is violent in nature or promotes violence; promotes the use of drugs or other illegal substances; is not related to the Services, such as, but not limited to, surveys, contests, or spam; advertises or promotes the selling or buying of any goods or services; and, infringes on the rights of other parties, including, but not limited to, intellectual property rights, contractual rights, and personal rights. Engage in activities on the Services that: reveal the personal information about another user, except information that is publicly available; misleads Uncle Jim’s Foods, Inc. or others by creating false user accounts or by trying to learn private information; improperly use the Uncle Jim’s Foods, Inc. support services by submitting reports or misuse or misconduct that are not true; harm, tarnish, or disparage, in Uncle Jim’s Foods, Inc.’s opinion, Uncle Jim’s Foods, Inc. or the Services; copy or adapt any of the software associated with the Services, including, but not limited to, PHP, HTML, Flash, Javascript, JAVA, or other code; and, reverse engineer, decompile, reverse assemble, attempt to discover any software code (including source code or object code) that are used by the Services to transmit and render web pages or any other processes or products accessed through the Services. These examples of improper conduct are not meant to be exhaustive and Uncle Jim’s Foods, Inc. reserves the right to determine what conduct it considers to be inappropriate or otherwise not in the spirit of the Services. Violations may lead to termination of your account and being banned from further access to the Services. Uncle Jim’s Foods, Inc. does not control, monitor, or endorse content posted by users to the Services or of external websites that are linked to the Services. Uncle Jim’s Foods, Inc., therefore, does not assume any responsibility for this content.

Posting on Other Web Sites

You are granted a limited revocable license to post an image or screen shot from the Services that is related to your use of the Services (your character, for example) within the Services. Additionally, where Uncle Jim’s Foods, Inc. specifically gives you permission to do so, you may post images or screen shots from the Services that are related to your use of the Services and other materials that Uncle Jim’s Foods, Inc. specifically permits to be posted to third-party websites provided: the website is not competing with Uncle Jim’s Foods, Inc.; the website does not criticize or injure Uncle Jim’s Foods, Inc.; the website does not obtain any rights to the material posted other than the right to post it at your discretion; the website does not charge for access to the content; and, the website complies with all applicable laws; does not abuse or violate the right to privacy, intellectual property, or the legal rights of others; does not publish or distribute material that is inappropriate, infringing, indecent, pornographic, illegal, or otherwise objectionable. Uncle Jim’s Foods, Inc. expressly reserves its rights and remedies and may revoke this limited license, in whole or in part, with notice. User Content   Content, such as text, images, comments suggestions, or any other material that a users posts to the Services (“User Content”) will be treated by Uncle Jim’s Foods, Inc. as public information that is neither confidential nor proprietary. You agree that you own the rights to any User Content you post to the Services. Upon posting User Content to the Services, you grant Uncle Jim’s Foods, Inc. a non-exclusive, unlimited, unconditional, irrevocable, perpetual, fully-paid and royalty-free right and license to use that User Content as Uncle Jim’s Foods, Inc. sees fit via any medium. Uncle Jim’s Foods, Inc. does not have the obligation to monitor or enforce any intellectual property rights associated with User Content. However, Uncle Jim’s Foods, Inc. does have the right to enforce intellectual property rights. Uncle Jim’s Foods, Inc. has the right to delete User Content from the Services or to modify User Content on the Services as it sees fit at any time without notice. Uncle Jim’s Foods, Inc. has the obligation to enforce the rights of third parties when violations to intellectual property rights are brought to its attention, per the section in the Terms titled Digital Millennium Copyright Act. Offensive User Content should be reported to Uncle Jim’s Foods, Inc. through the support system in the Services. While Uncle Jim’s Foods, Inc. has the right to remove any User Content it deems objectionable, it is not obligated to do so.

Virtual Currency and Virtual Goods

The Services may include points, gold, cash, or other means of exchange within the Services (“Virtual Currency”) and virtual items, such as favors, gems, components, and units (“Virtual Goods”) that can be purchased within the Services using actual, real currency. Users have the right to use Virtual Currency and Virtual Goods within the Services as they are intended to be used. Users do not have any other rights to Virtual Currency or Virtual Goods associated with the Services. Uncle Jim’s Foods, Inc. has the sole and absolute right to manage, modify, create, and delete Virtual Currency and Virtual Goods associated with The Services. The Virtual Currency and Virtual Goods associated with the Services may not be sold, traded, exchanged, or transferred outside of the Services. The Virtual Currency and Virtual Goods associated with the Services may not be exchanged for actual, real currency from either Uncle Jim’s Foods, Inc. or from any other party. Violations may lead to termination of your account and being banned from further access to the Services. All sales of Virtual Currency and Virtual Goods associated with the Services are final. Uncle Jim’s Foods, Inc. is not obligated to refund money spent for Virtual Currency or Virtual Goods. If a user is terminate from one or more of the applications associated with the Services, no refund will be given. No refund will be given if Uncle Jim’s Foods, Inc. stops providing any or all of the Services.

Privacy:

The Uncle Jim’s Foods, Inc. Privacy Policy, available here, describes what information Uncle Jim’s Foods, Inc. collects and how that information is used. The Privacy Policy is a part of the Terms.

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Uncle Jim’s Foods, Inc. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Uncle Jim’s Foods, Inc. that customer conduct violates applicable law or is harmful to the interests of Uncle Jim’s Foods, Inc. and its subsidiaries.

Warranties:

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Uncle Jim’s Foods, Inc. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Uncle Jim’s Foods, Inc. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Uncle Jim’s Foods, Inc. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous:

VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Uncle Jim’s Foods, Inc. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Uncle Jim’s Foods, Inc. shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS:

Termination:

Uncle Jim’s Foods, Inc. reserves the right to terminate or suspend your access to any or all of the Services if it determines that you have violated these Terms. In the event your access to the Services is terminated, you will not be entitled to a refund or credit for any points, items, Virtual Currency, or Virtual Goods.

Limits of Liability:

The Services are provided on an “As Is” basis. The Services are provided without any warranties of any kind, including warranties expressed or implied. There is no warranty, without limitation, of merchantability or fitness of the Services for any particular purpose or use. There is no warranty of non-infringement. Uncle Jim’s Foods, Inc. does not warrant that the Services will be error-free or uninterrupted. You agree that your use of the Services is at your own risk. Neither Uncle Jim’s Foods, Inc., its employees, its contractors, nor its partners are responsible for damages or loss of any kind, either within the Services or personal damages or losses resulting from the use of the Services or from the inability to use the Services.  Indemnification You agree to indemnify, defend, and hold Uncle Jim’s Foods, Inc. harmless against any claims, losses, liability, damages, or expenses incurred by Uncle Jim’s Foods, Inc. as a result of you access to or use of the Services, or any violation of the Terms. You agree that such indemnification will continue after you have stopped using the Services.  Waiver and Severability The failure of Uncle Jim’s Foods, Inc. to enforce any right or provision of these Terms will not be construed to be a waiver of the right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these Terms will remain in full force and effect.

Injunctive Relief:

You agree that the rights and obligations granted to Uncle Jim’s Foods, Inc. in the Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Uncle Jim’s Foods, Inc. and which cannot be replaced my monetary damages alone. As a result, Uncle Jim’s Foods, Inc. shall be entitled to injunctive or other equitable relief, without the obligation of posting any bond or surety, in the event of any breach or anticipatory breach by you.

The Digital Millennium Copyright Act

The Digital Millennium Copyright Act (The DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that my constitute copyright infringement, you can provide notice of your claim to Uncle Jim’s Foods, Inc.’s designated agent listed below For your notice to be effective, it must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has allegedly infringed; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located in this game or in this website; Information reasonably sufficient to permit Uncle Jim’s Foods, Inc. to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted; A statement by you that you have a good-faith belief that the disputed sue is not authorized by the copyright owner, its agent, or the law; and, A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Uncle Jim’s Foods, Inc.’s Designated Agent is:

Uncle Jim’s Foods, Inc.

2317 High St NW

Warren, OH 44483

You may email questions to info@unclejimsstore.com.

The Terms and Conditions constitute the entire agreement between you and Uncle Jim’s Foods, Inc. with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you Uncle Jim’s Foods, Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Uncle Jim’s Foods, Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.