Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ATastyAdventure.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Website Visitors. ATastyAdventure.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cathy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cathy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ATastyAdventure.com links, and that link to ATastyAdventure.com. Cathy does not have any control over those non-Cathy websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cathy website or webpage, Cathy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cathy disclaims any responsibility for any harm resulting from your use of non-Cathy websites and webpages.
3. Copyright Infringement and DMCA Policy. As ATastyAdventure.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ATastyAdventure.com violates your copyright, you are encouraged to notify Cathy in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. Cathy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ATastyAdventure.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ATastyAdventure.com or others. In the case of such termination, ATastyAdventure.com will have no obligation to provide a refund of any amounts previously paid to Cathy.
4. Intellectual Property. This Agreement does not transfer from ATastyAdventure.com to you any ATastyAdventure.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ATastyAdventure.com. Cathy, ATastyAdventure.com, the ATastyAdventure.com logo, and all other trademarks, service marks, graphics and logos used in connection with ATastyAdventure.com, or the Website are trademarks or registered trademarks of Cathy or ATastyAdventure.com licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ATastyAdventure.com or third-party trademarks.
5. Changes. ATastyAdventure.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ATastyAdventure.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Termination. ATastyAdventure.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ATastyAdventure.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by ATastyAdventure.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ATastyAdventure.com notice to you thereof; provided that, ATastyAdventure.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties. The Website is provided “as is”. ATastyAdventure.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ATastyAdventure.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
8. Limitation of Liability. In no event will ATastyAdventure.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ATastyAdventure.com under this agreement during the twelve (12) month period prior to the cause of action. ATastyAdventure.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. Indemnification. You agree to indemnify and hold harmless Cathy, ATastyAdventure.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
11. Miscellaneous. This Agreement constitutes the entire agreement between ATastyAdventure.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cathy, or by the posting by Cathy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maine, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Penobscot County, Maine. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bangor, Maine, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cathy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Cathy Speronis (“Cathy”) operates ATastyAdventure.com and may operate other websites. It is ATastyAdventure.com policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Cathy collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. ATastyAdventure.com purpose in collecting non-personally identifying information is to better understand how ATastyAdventure.com visitors use its website. From time to time, ATastyAdventure.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. ATastyAdventure.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on ATastyAdventure.com blogs/sites. ATastyAdventure.com only discloses logged in user and commentor IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commentor IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
GATHERING OF PERSONALLY-IDENTIFYING INFORMATION
Certain visitors to the ATastyAdventure.com website choose to interact with ATastyAdventure.com in ways that require ATastyAdventure.com to gather personally-identifying information. The amount and type of information that ATastyAdventure.com gathers depends on the nature of the interaction. For example, we ask visitors who sign up at A Tasty Adventure to provide a username and email address. Those who engage in transactions with ATastyAdventure.com may be asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, ATastyAdventure.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ATastyAdventure.com. ATastyAdventure.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
ATastyAdventure.com may collect statistics about the behavior of visitors to ATastyAdventure.com. Cathy may display this information publicly or provide it to others. However, ATastyAdventure.com does not disclose personally-identifying information other than as described below.
Hotjar collects user information in order to improve user experience. Information is collected as a visitor navigates and interacts with content on ATastyAdventure.com. Information collected by Hotjar tracking codes on the website includes:
Device-Specific Data – collected through your device and browser such as
• your device’s IP address (collected and stored in an anonymized format)
• device screen size
• device type (unique device identifiers) and bowser information
• geographic location (country only)
• preferred language used to display the webpage log data
Hotjar also automatically records information which is created upon using ATastyAdventure.com.
This Data includes:
• referring domain
• pages visited
• geographic location (country only)
• preferred language used to display the webpage
• date and time when website pages were accessed
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
ATastyAdventure.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on ATastyAdventure.com behalf or to provide services available at the ATastyAdventure.com website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the ATastyAdventure.com website, you consent to the transfer of such information to them. ATastyAdventure.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, ATastyAdventure.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when ATastyAdventure.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of Cathy, third parties or the public at large. If you are a registered user of a ATastyAdventure.com website and have supplied your email address, ATastyAdventure.com may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Cathy, ATastyAdventure.com and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. ATastyAdventure.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If the ATastyAdventure.com, or substantially all of its assets, were acquired, or in the unlikely event that ATastyAdventure.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of ATastyAdventure.com may continue to use your personal information as set forth in this policy.