Updates and Modifications
Age and Eligibility
In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us. You represent that the information that you provide about yourself (including your age) is accurate and complete.
Important Health Information
We are not responsible for any health problems that may result from products, or events you learn about through the Website. If you have severe allergies or other health concerns, consult your doctor about the use of the products and the manufacturer for current ingredient list and manufacturing policies.
There is no cost to become a registered user of our Website and you do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of our Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content.
There are some additional precautions/points for registration and registered users:
- Do not use your real name for your screen name.
- Do not use the real name of a friend or relative for a screen name.
- Use a true and valid email address.
- Notify us of changes to your email account to prevent loss of access to your account.
Password and Security Measures
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you. You agree to indemnify and hold harmless The Tin Roof Country Store and Creamery for losses incurred by The Tin Roof Country Store and Creamery or another party due to some else using your account or password.
In addition, we do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by The Tin Roof Country Store and Creamery, The Tin Roof Country Store and Creamery employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.
Third Party Websites
Changes to Website
The Tin Roof Country Store and Creamery may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages. You agree that The Tin Roof Country Store and Creamery shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
Community Standards and Prohibited Uses
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any Community Areas) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of The Tin Roof Country Store and Creamery, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with The Tin Roof Country Store and Creamery, or our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
- Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
- Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of this Website; or
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;
- engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
- disguise the origin of any message, communication, or transmittal you send to us through our websites;
- use any robot, spider, scraper, or other automated or manual means to access our websites, or copy any content or information on our websites;
- attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
- probe, scan, test the vulnerability of or breach the authentication measures of, our websites or any related networks or systems;
- modify or reroute or attempt to reroute our websites;
- link to our websites from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- utilize framing, squeeze back, overlay or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party; or
- take any action that places a disproportionately large load on our websites or any related networks or systems.
The Tin Roof Country Store and Creamery Copyright
Except for User Generated Content, all Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. The Tin Roof Country Store and Creamery is the trade name and the registered service mark of The Tin Roof Country Store and Creamery Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to The Tin Roof Country Store and Creamery on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, “Comments”) shall be and remain The Tin Roof Country Store and Creamery’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to The Tin Roof Country Store and Creamery of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, The Tin Roof Country Store and Creamery will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Tin Roof Country Store and Creamery is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact us with the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY The Tin Roof Country Store and Creamery AND ITS AFFILIATES “AS IS.” NEITHER The Tin Roof Country Store and Creamery NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, The Tin Roof Country Store and Creamery AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, The Tin Roof Country Store and Creamery DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL The Tin Roof Country Store and Creamery BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE TIN ROOF COUNTRY STORE AND CREAMERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE TIN ROOF COUNTRY STORE AND CREAMERY, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $10. THE TIN ROOF COUNTRY STORE AND CREAMERY’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Termination of Account
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
Assigns and Successors