Author Topic: PLEASE READ! -- Changes to Forum Terms & Conditions  (Read 2596 times)

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Offline Steve

  • Steve Zinski
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PLEASE READ! -- Changes to Forum Terms & Conditions
« on: September 20, 2005, 08:13:04 AM »
Effective immediately, these are the new Terms & Conditions of use for this discussion forum. These changes are needed because of a situation where a member of this forum openly and voluntarily posted some of his recipes to this site, then, after many months, decided to go back and edit (and delete) said recipes in order to make them unusable. This member is also demanding that I edit other posts by different members which include references to his recipe.

First of all, this is an open and public forum. When you post to any public forum (including this one) you are effectively putting your words into the public domain, this is just common sense. Second of all, it is virtually impossible to copyright a recipe. Third, if someone takes your publically-posted recipe and tweaks it even in the slightest degree, it becomes the work of that person. That is just the way it is, even for recipes published in cookbooks. And finally, everything posted to this website is indexed and cached by Google and other search engines, so even edited/deleted posts will still remain (unedited) in those caches for all to see.

I have contacted several lawyers over the last few days and I have been told that this person does not have a valid claim against this website since the user knowingly and voluntarily posted his recipes to a public Internet forum.

Because this website is all about openness and sharing, and because editing/deleting old posts tends to destroy the continuity of the message threads, I have been forced to configure the forum to allow edits/deletes for a period of one hour after being posted. Once that window expires, the message becomes a permanent addition to the site and cannot be modified in any way (except by an administrator or moderator.)

So, please continue to share your fantastic ideas and recipes. And remember, if you decide to post your super-secret family recipe to the site, it will be considered non-confidential and non-proprietary (i.e. public domain) and it will become a permanent addition to this site. Again, this is just plain common sense.

So, please take a few moments to read the new Terms & Conditions. If you do not wish to abide by these new terms, please contact me to have your account terminated. Thank you.




PIZZAMAKING.COM DISCUSSION FORUM TERMS & CONDITIONS

Please read through the PIZZAMAKING.COM Discussion Forum Terms and Conditions. When you click "I Agree" to indicate your agreement to these Terms and Conditions, you are entering into an agreement with PIZZAMAKING.COM.

The PIZZAMAKING.COM Discussion Forum ("Forum") is a service provided to you free of charge whereby participants can share information on a variety of pizzamaking topics. You agree to be bound by these Terms and Conditions by accessing and using the Forum in any way, including submitting or posting to the Forum any information, advice, data, files, ideas, images, links, opinions, recommendations, software, or any other form of content (individually or collectively, "Content"); or by browsing, using or downloading any Content from the Forum.

1. General

  a. You must register to use the Forum by completing all fields on the registration form designated as "required."

  b. PIZZAMAKING.COM reserves the right, in its sole discretion:

    i) to change these Terms and Conditions, effective immediately, upon written notice posted to the Forum;

    ii) to modify any aspect or feature of the Forum, or terminate the Forum at any time, with or without notice; or

    iii) to restrict, suspend, or terminate your access to all or any part of the Forum at any time for any reason with or without notice.

2. Content

  a. No Liability. Any Content posted by users of the Forum (including Content posted by Forum administrators and/or moderators) is that of the Content's author(s) or poster(s) and not of PIZZAMAKING.COM, and you acknowledge that any reliance on Content is at your own risk. You expressly understand and agree that PIZZAMAKING.COM shall not be liable for any loss or damage caused by reliance on information in any Content posted in the Forum. It is your responsibility to evaluate the accuracy, completeness, suitability or usefulness of Content available through the Forum, and PIZZAMAKING.COM does not endorse, warrant, or guarantee the accuracy, completeness, suitability or usefulness of any Content. Further, PIZZAMAKING.COM does not endorse, warrant or guarantee any product or service offered by a third party through the Forum, and PIZZAMAKING.COM will not be a party to, or in any way monitor any transaction between Forum users.   

  b. Monitoring. You acknowledge that PIZZAMAKING.COM does not screen Content posted to the Forum, but that PIZZAMAKING.COM has the right, but not the obligation, to monitor and/or screen Forum Content to determine compliance with these Terms and Conditions and any other Rules of Conduct established by PIZZAMAKING.COM. PIZZAMAKING.COM shall have the right in its sole discretion to edit or remove any Content submitted to or posted in the Forum. Without limiting the foregoing, PIZZAMAKING.COM shall have the right to remove any material that PIZZAMAKING.COM, in its sole discretion, finds to be in violation of these Terms and Conditions, outside the scope of the Forum, or otherwise objectionable. Notwithstanding this right of PIZZAMAKING.COM, you shall remain solely responsible for any Content you post to the Forum and you acknowledge and agree that PIZZAMAKING.COM shall not assume nor have any liability for any action or inaction by PIZZAMAKING.COM with respect to any conduct, communication or posting to the Forum or any of its Content.

  c. Submissions by User. You may post Content owned by you, Content for which you have received express permission to do so from the owner, or Content that is in the public domain. Any Content you post to the Forum will be considered non-confidential and non-proprietary. You are prohibited from posting or transmitting any Content that is unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive, or otherwise in violation of the Forum Rules of Conduct. You represent and warrant that any Content you post is not subject to any copyright, trade secret or other intellectual property rights of others. You shall be solely liable for any damages resulting from any infringement of copyrights, or other intellectual property rights, or any other harm resulting from Content you post to the Forum. You grant PIZZAMAKING.COM the worldwide, royalty free, non-exclusive and perpetual license to use, reproduce, modify, adapt, publish and create derivative works from all Content posted to the Forum, and you represent and warrant that you are authorized to grant all such rights to PIZZAMAKING.COM. You may edit and/or delete your Content posted to the Forum for a period of one (1) hour after the Content is submitted. After this time period passes, the Content becomes a permanent addition to the Forum and can not be changed or deleted.

Disclaimer of Warranty
PIZZAMAKING.COM makes no warranty that the Forum will meet your requirements, or that it will be uninterrupted, timely, secure, or error free; nor does PIZZAMAKING.COM make any warranty as to the results that may be obtained from the use of the Forum or as to the accuracy, suitability or reliability of any Content. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORUM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.   

Limitation of Liability
IN NO EVENT SHALL PIZZAMAKING.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, COSTS OF COVER, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FORUM OR THE CONTENT, WHETHER IN CONTRACT OR TORTIOUS ACTION, EVEN IF PIZZAMAKING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity
You agree to indemnify, defend, and hold PIZZAMAKING.COM, its affiliates and subsidiaries, and their respective officers, directors, shareholders, agents and employees harmless from and against any claims, liability, losses, costs and expenses (including attorney's fees) arising out of any of your conduct related the Forum or Content you post to the Forum.
« Last Edit: January 27, 2006, 08:23:41 AM by Steve »
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Offline Steve

  • Steve Zinski
  • Administrator
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  • Posts: 1947
  • Age: 51
  • Location: Richmond, VA
    • pizzamaking.com
Re: PLEASE READ! -- Changes to Forum Terms & Conditions
« Reply #1 on: October 01, 2005, 10:25:06 PM »
By popular request, the edit/delete time for posts has been increased from 1 hour to 24 hours.
Pizzamaking.com is a member-supported public resource. Click HERE to become a Supporting Member.

Offline PizzaPolice

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  • Location: N/W Indiana
  • WFO-Where Art & Physics meet - Heat is the Arbiter
Re: PLEASE READ! -- Changes to Forum Terms & Conditions
« Reply #2 on: October 03, 2005, 11:55:45 AM »
Whoa!  Steve!  ...where did you get the "Tiny letters lawyer gene"?  I can appreciate the headaches you encounter with this site.  I for one applaud your efforts hosting the FREE exchange of ideas that have enriched the minds and waistlines of so many.  *CLAP* *CLAP* *CLAP*
Pizza belongs to the world - so - Liberi la pizza.


 

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