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Terms of Use

Terms and Conditions of Use

This Web site is owned and provided by Athens Foods and its affiliates (hereinafter referred to collectively as "Service Provider") and is provided for your personal entertainment, information, and education. Your use of this Web site is subject to the following terms and conditions. Your use of the Web site constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree with our Privacy Policy posted on this Web site, please do not use this Web site or any services offered by this Web site.

Please review this Terms and Conditions of Use page often. We reserve the right to change these terms and conditions at any time without notice. Please check back from time to time to ensure you are aware of any updates or changes to these terms.

Eligibility

You may use this Web site without becoming a member of the Web site ("Member") and simply by using the Web site you become a "user" of the Web site. In order to better use the Web site, we encourage you to become a Member. See "Member Registration Information/Use of User ID and Password" below.

This Web site is intended solely for users who are 13 years of age or older, and any use of or access to the Web site by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms and Conditions of Use. By using the Web site, you represent and warrant that you are thirteen or older and that you agree to abide by all of these terms and conditions.

User conduct and materials/Site conduct/Rules of Usage

This Web site may include discussion forums or other interactive areas including, but not limited to, bulletin boards, chat rooms, forums and recipe storage and exchange areas (the "Interactive Areas"). All such Interactive Areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to, and your use of, such Interactive Areas of this Web site.

The Web site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Web site. We reserve the right to remove any content posted on our Web site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our Web site.

When using the Web site, you agree not to do any of the following:

  1. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  2. Harm minors in any way;
  3. Upload, post, e-mail, transmit, distribute or otherwise publish or make available:
    • any recipe, message, information, text, image, photo or other material ("User Material") that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web site, or which may expose Service Provider or its users to any harm or liability of any type;
    • any User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • any User Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
    • distribute, publish, or make available any unsolicited or unauthorized promotions, commercial messages, advertising or solicitations for funds, goods or services, including junk mail, spam, chain letters and using our private message service to send any unwanted messages;
    • any User Material that contains software viruses or so-called worms, time bombs, Trojan horses, or other harmful or disruptive component 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;
    • the private or personal information of any third party;
    • political campaign materials; chain letters; mass mailings; spam mail; or
    • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Web site or its contents.

Material Posted by Others

Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Web site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

Third Party Links

This Web site may contain Links allowing you to leave this Web site for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. We are not responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Web site and is not responsible for the content or actions of any other sites linked to from this Web site. Your linking to any service or site is at your sole risk.

Third Party Content and Services

The Web site contains content supplied by parties other than Service Provider. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Service Provider. Neither Service Provider nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Submissions

For information regarding use of information about you that you may supply or communicate to the Web site, please see our Privacy Policy. You acknowledge that any User Material you post to the Web site shall not be deemed confidential, even if it is posted to a private portion of the Web site. Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that any material you submit to the Web site whether by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Web site, becomes the property of Service Provider and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on the Web site, you grant us an exclusive, royalty-free, perpetual, unrestricted, irrevocable, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You represent and warrant that (a) you own and control all of the rights to the User Material that you post or you otherwise have the right to post such User Material to the Web site; (b) the User Material is accurate and not misleading; and (c) use and posting of the User Material you supply does not violate these Terms and Conditions of Use and will not violate any rights of or cause injury to any person or entity. If you do not wish to grant us such rights, we ask that you not make submissions to the Web site, particularly any information you consider to be confidential or original creative material. If you make submissions, you agree to grant to us the rights described herein.

Member Registration Information/Use of User ID & Password

If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting the User Control Panel via your profile. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership.

As part of the membership process, you will be asked to select a Username and password. You may not choose a Username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Username in our sole discretion. You agree not to transfer or resell your use of or access to the Web site or permit anyone else whose account or membership was suspended or terminated to use the Web site through your account, Username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by e-mailing us at members@phyllo.com. You are solely responsible for maintaining the confidentiality of your Member name and password and for any and all activities that are conducted through your account.

Indemnification

You agree to defend, indemnify and hold harmless Service Provider and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the Web site or any User Materials or Submitted Items you provide, or from your conduct, your violation of these Terms and Conditions of Use or your violation of the rights of any third party, including, but not limited to, any claim by a third party that any Materials or Submitted Items infringe or violate such third party's rights or interests.

Choice of Law and Enforcement

Your access to the Web site as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Ohio without regard for conflict of laws provisions.

Termination of Access to the Service

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Web site, or (3) any content available through the Web site or any change therein, is to stop visiting and using the Web site. We may terminate your use of the Web site, including without limitation, your membership in the Web site, at any time, in our sole discretion. Upon any such termination, your right to use the Web site will immediately cease. You agree that any termination of your access to or use of the Web site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Web site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

DMCA Notice (Digital Millennium Copyright Act)

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Service Provider not to permit materials known by Service Provider to be infringing to remain on the Web site. You should notify Service Provider promptly if you believe any materials on the Web site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Web site, infringe a third party copyright. Upon Service Providers receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Service Provider will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Linking To Our Web site

Without the prior written permission of the Service Provider, you may not frame, or make it appear that a website of any third party is presenting or endorsing, any of the Content on the Web site, or incorporate any intellectual property of Service Provider into another website or other service. If you are interested in linking to our Web site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to affiliate@phyllo.com.

Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Web site, including bulletin boards, forums, personal ads, and chats, to foster compliance with this Agreement. All users of the Web site hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Web site, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Web site, please send an e-mail to members@phyllo.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEB SITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEB SITE.

SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEB SITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEB SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEB SITE, YOUR USE OF OR RELIANCE ON THE WEB SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEB SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEB SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Privacy

Please review our Privacy Policy for information about our use of information collected through the Web site.

Copyright and Trademarks

All content on the Web site, including text, graphics, logos, button icons, images, video clips and audio clips (collectively "Content"), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Web site are the property of the Service Provider or third parties that have licensed Content and software for use on the Web site. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use.

The names, trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the Web site including, but not limited to, Athens Foods® Athens®, Apollo®, Athens Fillo®, Ap'Petites™ Phyllo.com™, How do you Phyllo?™ and Phyllo and Design™ are registered or unregistered trademarks of Service Provider or third parties that have licensed the Trademarks for use on the Web site. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms and Conditions of Use are reserved.

Entire Agreement

These Terms and Conditions of Use along with the Privacy Policy constitute the entire agreement between us and you with respect to the Web site. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Contacting Us

If you have a question about your Phyllo.com account, a general question, or any other Customer Service inquiry, please visit us at the following address:

members@phyllo.com