Terms of Use

 

Your use of ServedFreshMedia.net is governed by our Disclaimer and Terms of Use Agreement.

Terms & ConditionsDISCLAIMER AND TERMS OF USE AGREEMENT

Acceptance of Agreement. Welcome to our site. Served Fresh Media LLC (also referred to herein as “SFM,” “we,” “us,” or “our”) maintains this website as a service to our Users. By using ServedFreshMedia.net (the “Site”), you acknowledge that as a “User” of the Site, you have read and understand this Disclaimer and Terms of Use Agreement (the “Agreement”) and that you accept and will be bound by the terms herein. Please review these terms carefully prior to using this Site. These terms may be amended at any time by us from time to time without notice. Our Privacy Policy, which is outlined in Section 8 of this Agreement (“Served Fresh Media’s Commitment to Privacy”), may change from time to time without notice. If you do not agree to these terms, you should not view the contents of the Site.

Free Access to ServedFreshMedia.net. At this time, access to ServedFreshMedia.net is totally free. However, you are responsible for any for any costs you incur to access the internet.

Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Proper Use of ServedFreshMedia.net and our Comments Sections; User Content.

Conditions for User Participation. We permit and encourage Users to post comments on, and participate in discussions, in our Comments Sections regarding articles and various topics and content contained on the Site. Any content, information, graphics, audio, images, and links you submit to ServedFreshMedia.net in connection with any of the foregoing activities is referred to as “User Content” in this Agreement and is subject to the following Conditions for User Participation:

  • You will not stalk or harass another User when posting Comments or submitting User Content.
  • You will not interfere in any way with the use by other Users of our Comments Sections or otherwise act in a way that negatively affects other Users’ enjoyment of our Comments Sections.
  • You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on our Comments Sections.
  • You will not use our Comments Sections for illegal purposes, and you will not upload, post or submit any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another User’s or person’s privacy or proprietary rights.
  • You will not impersonate any other person or User or misrepresent a relationship with any person, User, or entity, including misrepresenting by implication or otherwise the existence of any relationship with us, this Site, or with our respective partners, attorneys, staff, agents, interns, and other associates (“Affiliated Parties”). Similarly, you will not adopt a false identity for the purpose of deceiving or defrauding another.
  • You will not upload, post or submit any User Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt our Comments Sections, the Site, or other Users’ ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
  • You will not upload, post, submit, or send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any User or person through the use of our Comment Sections.
  • You should demonstrate appropriate respect for other Users. If you disagree with an opinion posted in our Comments Sections, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
  • You will not violate any applicable local, state, national or international law.
  • You will not upload, post, submit, send, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
  • You will not upload, post or submit improper or off-topic messages.

You will not “attempt” to do any of the foregoing:

User Removal. Whether or not a User has violated any of the Conditions for User Participation shall be determined in our sole discretion. If we find that you have violated any of the Conditions for User Participation, we may ask that you discontinue the activity giving rise to the violation. Further, we reserve the unconditional right at any time to suspend you or remove you as a User of the Site, without notice, if we determine in our sole discretion that you have violated any Condition for User Participation. Our failure to remove you as a User of the Site after we have determined that you have violated any Condition for User Participation shall not be considered a waiver by us of any Condition of User Participation, nor shall it be considered a waiver by us of our ability to remove you, at any time without notice, as a User of the Site.  You agree that we will not be liable to you in any way for any suspension or removal of you as a User of the Site.

Links to Third Party Websites and Other User Content Posted by Users in Comments Sections. From time to time, Users of the Comments Sections on our Site may post a link to other websites not affiliated in any way with ServedFreshMedia.net. Your accessing links to such other websites, posted by other Users on our Message Boards, shall be subject to the rules and disclaimers in Section 6 (“Third Party Websites”) of this Agreement.

Cautions Regarding Other Users and User Content; Disclaimer. We do not routinely screen, edit, or review User Content. However, we reserve the right in our sole discretion, at any time and without any notice, to edit, delete, or modify User Content on the Site, and we disclaim any responsibility for any loss, claim, damage, or expense whatsoever resulting from any such edit, deletion, or modification. You should be aware that other Users may not be who they say they are. Further, you understand and agree that User Content may include information, views, and opinions of many individuals and/or organizations. We do not guarantee that the identity held out by a User is accurate. You should also be aware that other Users may use the message boards on the Site for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or erroneous. We do not endorse the content of any User submission to any ServedFreshMedia.net Comments Section, or any opinion, recommendation, advice, or any other statements (political or otherwise), of whatever nature expressed therein, and we disclaim any and all liability in connection with all User submissions.

Use of User Content. All submissions sent to ServedFreshMedia.net that do not infringe on the intellectual property rights of any third party become the property of Served Fresh Media LLC and may, without limitation, be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we see fit, consistent with our Privacy Policy in Section 8 of this Agreement (“Served Fresh Media’s Commitment to Privacy”). We reserve the right to feature any User Content, or allow other Users to request access to your User Content, such as, for example, through an RSS Feed. Additionally, we reserve the right in our sole discretion to remove any User Content, or any portion thereof, from any Comments Section for any reason without notice. This includes all materials related to your use of the Site, including email accounts, postings, profiles or other personalized information you have created while on the Site. You agree that your posting of User Content, and our acceptance of such posted User Content, does not in any way constitute or imply any sort of contractual or fiduciary relationship, or any other type of relationship, between you and us. You further agree that you are not entitled to any compensation, credit, or notice whatsoever and that by submitting User Content, you waive the right to make any claim against us, relating to submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Linking to ServedFreshMedia.net and Limited Right to Use Site Material. You may create a hypertext link to this Site, provided that you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of us or of this Site, or that you are related to, represent, or are affiliated or associated in any way, with us, this Site, or with any our Affiliated Parties. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, posting or re-posting, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Third Party Websites. The Site contains links to other websites not affiliated with ServedFreshMedia.net. You will not be warned or prompted that you are leaving ServedFreshMedia.net when you decide to access links to other websites, and in some cases, it may be less obvious than others that you have left ServedFreshMedia.net and reached another website. You are subject to the terms and conditions of use (including privacy policies) of other websites. Please be careful to read the terms and conditions of use and privacy policies of any other website before you provide any confidential or other sensitive information or engage in any transactions. You should not rely on this Agreement to govern your use of other websites. These links to other websites are provided solely as a convenience to you, and our providing links to other websites does not constitute any endorsement or approval of any content, products, merchandise, or services affiliated with these other websites, nor should it not infer that we operate, control, or are otherwise connected in any way to these other websites. We expressly disclaim any sort of agency relationship with the owners of other websites for which we provide a link. These other websites are not investigated, monitored or checked for accuracy or completeness by us, and we are not responsible for the content, accuracy or opinions express in other websites. These other websites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints and may also contain material and content that may be deemed offensive in nature. By using ServedFreshMedia.net, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any other website. If you decide to leave ServedFreshMedia.net and access other websites, you do so at your own risk.

Intellectual Property.

Copyright Infringement. The content, organization, design, compilation, and other matters related to the Site, are the sole property of Served Fresh Media LLC protected under applicable copyrights, trademarks and/or other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you, of any such matters or any part of the Site, except as allowed by Section 5 (“Linking to ServedFreshMedia.net and Limited Right to Use Site Material”), is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. We do not permit copyright-infringing activities and infringement of intellectual property on this Site, and we will remove all content and User submissions if properly notified, as required in the following Section 7(b) (“Copyrights and Copyright Notice”) of this Agreement, that such content or User submissions infringe on intellectual property rights.

Copyrights and Copyright Notice. We respect the intellectual property of others, and we ask you to do the same. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DCMA”). We will process notices of alleged infringement which we receive and will take appropriate action as required by the DMCA and other applicable intellectual property laws. If you believe that your work has been copied in a way that constitutes copyright infringement, you must file a written notice of alleged infringement with us, by fax or regular mail not by email, except by prior agreement, that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Your written notices of alleged infringement must provide us with the following information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A detailed description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, fax number, mailing address, and email address;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice of alleged infringement is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Send your written notice of alleged infringement to the following address:

Served Fresh Media LLC
Attn: DCMA Complaints
347 Fifth Avenue, Ste. 1402-289
New York, NY  10016

Served Fresh Media’s Commitment to Privacy. We developed our Privacy Policy in this Section 8 as an extension of our commitment to combine the highest quality website with the highest level of integrity in accommodating our Users. The Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information that you provide to us, as well as to assist you in making informed decisions when using the Site and any products and services. This statement will be continuously assessed against new technologies, business practices and the needs of our Users.

What Information Do We Collect? When you visit our Site you may provide us with two types of information: (1) personal information that you knowingly choose to disclose that is collected on an individual basis, and (2) Site use information collected on an aggregate basis as you and others browse our Site.

Personal Information You Choose to Provide

Credit Card Information. Although we do not currently offer merchandise or services for sale on ServedFreshMedia.net, if in the future, merchandise or services are offered for sale, and you choose to purchase merchandise or services from us, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information: (i) Name, (ii) Mailing address, (iii) Email address, (iv) Credit card number, (v) Home and business phone number, (vi) Other personal information (i.e. mother’s maiden name).

Email Information. In addition to providing the foregoing information to us, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Site Use Information. Similar to other commercial websites, our Site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Site, and the Sites visited just before and just after our Site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.

How Do We Use the Information That You Provide to Us? We will never share or sell your email address to anyone. In general, we may use personal information for the purposes of administering our business activities, providing User service and making available other merchandise and services to our Users. Occasionally, we may also use the information we collect to notify you about important changes to our Site, updates related to the content of the Site, new products, merchandise, services, and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our Users’ personal information. As a User, you will be given the opportunity, at any time, to notify us of your desire not to receive these offers and/or updates.

What Are Cookies? Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a User’s Web browser on the User’s hard drive. Cookies can remember what information a User accesses on one Web page to simplify subsequent interactions with that website by the same User or to use the information to streamline the User’s transactions on related Web pages. This makes it easier for a User to move from Web page to Web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

How Do We Use Information We Collect from Cookies? We use website browser software tools such as cookies and Web server logs to gather information about our Site Users’ browsing activities, in order to constantly improve our Site and better serve our Users. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve our Site to better meet the needs of our Users. Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by Users to our Site as they move from one page to another. Web server logs allow us to count how many people visit our Site and evaluate our Site’s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.

Notice of New Services and Changes. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by clicking on a response box when you receive such an offer or by sending us an email request at theteam[at]servedfreshmedia[dot]net.

How Do We Secure Information Transmissions? If in the future we offer merchandise or services for sale on our Site, in response to which you send confidential personal credit card information to us on our Site, we will license a secure server software that encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches our Site. Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information, such as Social Security or account numbers, to us through an unsecured email. We are not responsible in any way for the theft of any such confidential information sent to us through an unsecured email.

How Do We Protect Your Information?

Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of User information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

How Can You Access and Correct Your Information? You may request access to all your personally identifiable information that we collect online and maintain in our database by emailingtheteam[at]servedfreshmedia[dot]net.

Do We Disclose Information to Outside Parties? We will never share your personal information with outside parties.

What About Legally Compelled Disclosure of Information? We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

What About Other Sites Linked to Our Site? Please remember that when you use a link to go from our Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Your Consent as a User of ServedFreshMedia.net. By using our Site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Third Party Advertisers and Services. Although currently we do not sell ServedFreshMedia.net merchandise or other products or merchandise on the Site, we allow access to, or advertise, third party advertiser sites (the “Advertisers”) from which you may purchase certain products or services. You understand that we do not operate or control the products, merchandise, or services offered by the Advertisers. We take no responsibility for advertisements by the Advertisers, nor do we take responsibility for any aspects of order processing, fulfillment, billing and User service of the Advertisers. We are not a party to the transactions entered into between you and the Advertisers, and any dealings you have with the Advertisers, found while on ServedFreshMedia.net, are solely between you and the Advertisers. All rules, terms, conditions, policies (including privacy policies), and operating procedures of the Advertisers, will apply to you while on such sites. We are not responsible for information provided by you to the Advertisers. We are not affiliated with the Advertisers in any way. Neither we nor the Advertisers have any express authority whatsoever to make any representations or commitments on behalf of the other, nor do we imply any ability to make any representations or commitments on behalf. As such, you agree that use of such Advertisers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE FOR ANY LOSS OR CLAIM THAT YOU MAY HAVE AGAINST ANY ADVERTISER ON SERVEDFRESHMEDIA.NET. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY LOSS, CLAIM, OR DAMAGES WHATSOEVER ARISING FROM THE DEALINGS AND TRANSACTIONS BETWEEN YOU AND THE ADVERTISERS OR FOR ANY INFORMATION APPEARING ON ADVERTISER SITES OR ANY OTHER SITE LINKED TO OUR SITE.

DISCLAIMER AND LIMITATION OF LIABLITY. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED ‘AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR SUCH BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS, NOR SHALL WE HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION HEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO HARDWARE OR SOFTWARE PROBLEMS RELATED TO YOUR PERSONAL COMPUTER, PDA, OR OTHER DEVICE, CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT, IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

Indemnification and Hold Harmless. You agree to indemnify, defend and hold us and our Affiliated Parties harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Governing Law and Limitations. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9 (“Third Party Advertisers and Services”) and Section 10 (“Disclaimer and Limitation of Liability”).

Interpretation and Severability. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Jurisdiction. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the federal and/or state courts of New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.

Entire Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, in any form, with respect to the Site, the content of the Site, and the subject matter of this Agreement.

Leave a Reply