Potluck Press LLC (“Potluck Press”), as a convenience to you, grants you access to its website, accessible via www.potluck press.com and its subdomains (collectively, the “sites”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “terms of use”). for the purposes of these terms of use, “content” means, collectively, any text, images, graphics, data, software, source code, apps, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the sites including electronic communications under section 6 of these terms of use that are not submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
1. Acceptance of terms
Please read these terms of use and Potluck Press’ privacy policy carefully. By using the sites, you agree to these terms of use, and you consent to the collection, use and disclosure of information as described in these terms of use and our privacy policy. If you do not agree to these terms of use and the terms and conditions of our privacy policy, you must exit the sites immediately and discontinue any use of the sites and any of their content. Your use of the sites shall be deemed to be your agreement to abide by each of the terms set forth below. Potluck Press can change these terms at any time by posting updated terms of use on the sites or by sending to registered users email notice of the changes. If any modification is unacceptable to you, you shall cease using the sites. If you do not cease using these sites, you will be deemed to have accepted the change. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Potluck Press for other products or services.
You are also subject to the Potluck Press Privacy Policy.
These Terms of Use were updated as of July 10th, 2018.
2. Use and Restrictions
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
The Sites are provided solely as a convenience to you. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Potluck Press, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or their Content; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted at, to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Potluck Press trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Potluck Press’ express written consent; or (i) use any meta tags or any other “hidden text” utilizing a Potluck Press name, trademark, or product name without Potluck Press’ prior written consent.
Any use of the Sites not expressly authorized under these Terms of Use will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright, trademark (including trade dress) and/or other intellectual property laws, and communications regulations and statutes.
3. Copyright
The Content, Sites, and the selection and arrangement thereof, are the sole property of Potluck Press and/or its licensors, are protected by copyright, trademark and other intellectual property laws, and may not be used except in accordance with these Terms of Use or with Potluck Press’ express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Potluck Press grants you no other privileges; licenses or rights in and/or to the Content, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by any of Potluck Press’ licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Potluck Press’ express prior written consent.
4. Trademark
POTLUCK PRESS, POTLUCK PRESS ONE OF A KINDNESS, GLOW WITH THE FLOW, SOFT POWER, GOOD NEWS HUES, DOWNRIGHT UPLIFTING, SPLENDOR IN THE GLASS, ILLUMINATING STORIES, GLOW FROM WITHIN, COLORFUL LANGUAGE, and FOR GOODNESS SAKE are trademarks or registered trademarks of Potluck Press. All other Marks are property of their respective owners.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with Potluck Press. You are solely responsible for: (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
You acknowledge and agree that Potluck Press may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Potluck Press is required to do so by law or legal process or if Potluck Press determines, in its sole discretion, that such action is necessary to protect the rights of Potluck Press, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Potluck Press’ right to disclose any such information shall govern over any terms of our Privacy Policy.
6. Electronic Communications
You consent to receive electronic communications from Potluck Press either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. As discussed in the following paragraph, you have the option to opt out of receiving certain electronic communications. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
When creating your account, you will be given the option to sign up to receive Potluck Press’ email newsletter, which includes information about new Potluck Press products and promotions (the “Newsletter”). The option to receive the Newsletter will be pre-selected for you when you set up your account; however, you may opt out of receiving the Newsletter by unchecking the box marked “sign up for newsletter” on the account creation screen. Also, you may unsubscribe to the Newsletter by contacting contact@potluckpress.com or clicking the unsubscribe link provided in every newsletter from Potluck Press.
You understand and acknowledge that it is your sole responsibility to opt out of receiving the Newsletter. You consent to receive the Newsletter unless you opt out under Section 6 of these Terms of Use.
7. Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Sites (each a “Submission”) and through the services available in connection with the Sites, and that you, and not Potluck Press, are responsible for the accuracy, reliability, appropriateness, legality and intellectual property rights of, in or relating to each such Submission you make. Before making a Submission, you must ensure that you either own or have obtained all necessary intellectual property rights or are otherwise in a position to grant a License (as defined below) therein to Potluck Press. Unless otherwise explicitly stated herein or in the Potluck Press Privacy Policy, you agree that any Submission provided by you in connection with the Sites is provided on a non-proprietary and non-confidential basis. You agree that Potluck Press is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant Potluck Press a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license in any media, whether now known or later invented (“License”) to link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and/or prepare derivative works of the Submission. In addition, to the extent that any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you possess and hereby grant and will cause such other person to grant to Potluck Press a License to exploit or use such Personal Rights for any advertising or marketing of Potluck Press products and services. Submissions shall be considered non-confidential and Potluck Press is under no obligation to treat such Submissions as proprietary information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU (AND/OR YOUR LICENSORS, IF ANY) RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other intellectual property or proprietary right without the express permission of the owner thereof, and that you bear the burden of determining whether any such material is protected by any such right or owned by any other person or entity. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, or other intellectual property, publicity, privacy or proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Potluck Press set forth in this section; and (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Sites does not violate the privacy, publicity, intellectual property, contract or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
- use the Sites in a manner that uses technology or other means to access the Sites, or other content that is not authorized by Potluck Press;
- use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content, goods or services;
- attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that imposes or may impose (in Potluck Press’ sole discretion) an unreasonably or disproportionately large load on Potluck Press’ infrastructure;
- attempt to gain unauthorized access to Potluck Press’ computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair Potluck Press’ servers or networks;
- fail to comply with applicable third party terms;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use language, images or other content that Potluck Press in its sole discretion deems insensitive, offensive, or otherwise inappropriate or inconsistent with the tone and image that Potluck Press chooses to maintain in connection with its brand, company and Sites;
- Discuss or incite illegal activity;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- Post anything that exploits children or minors or that depicts cruelty to animals;
- Post any copyrighted materials, trademarks, or other intellectual property without the express permission from the owner of such intellectual property;
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
- Use any robot, spider, scraper or other automated means to access the Sites; and
- Alter the opinions, goals, profiles, Content or comments posted by others on the Sites.
This list of prohibitions provides examples and is not complete or exclusive. Potluck Press reserves the right in its sole discretion to: (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services); and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Potluck Press determines is inappropriate or disruptive to the Sites or to any other user of the Sites and/or services, or inconsistent with the tone, image and or message(s) that Potluck Press wished to maintain in connection with its brand, company and Sites. Potluck Press may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Potluck Press’ discretion, Potluck Press will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Potluck Press takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Potluck Press is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Potluck Press to monitor, police or remove any Submissions or other information submitted by you or any other user.
8. License to Use Your Content and Feedback
Although you will retain any ownership rights that you may have to your content, by submitting or providing any content to the Sites, you hereby grant to Potluck Press a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, display, reproduce, publish, distribute, archive, modify, integrate, and/or translate such content in connection with the Sites, in whole or in part, in any media now known or developed in the future. Potluck Press’ use of your content will be consistent with our Privacy Policy.
In addition, if you provide any request, suggestion, or feedback to us regarding the functionality and performance of the Sites and/or any other product or service made available through the Sites, you hereby assign to Potluck Press all right, title, and interest in and to such request, suggestion, or feedback, and Potluck Press will have the right to use, implement, and modify such request, suggestion, or feedback without any payment or restriction. To the extent any of the foregoing rights cannot be assigned to us, you hereby grant to Potluck Press a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license to use, display, reproduce, publish, distribute, archive, modify, integrate and/or translate your request, suggestion, and feedback, in whole or in part, in any media now known or developed in the future. This assignment and license will allow Potluck Press to use your feedback to improve the Sites and/or any other product or service made available through the Sites, and maintain Potluck Press’ ownership and control of the Sites, the products and the services made available through the Sites. If you do not want to assign or license your requests, suggestions, and feedback to Potluck Press as described in this paragraph, DO not provide Potluck Press with any request, suggestion, or feedback.
You represent and warrant that you have all legal, moral and other rights that may be necessary to grant Potluck Press the license described in the preceding paragraph. You agree that you will not make any claims against Potluck Press based on any allegations that any activities or alleged omissions within the Sites, whether or not by or condoned by Potluck Press, infringe any intellectual property rights associated with your content. You acknowledge and agree that Potluck Press has the right (but not obligation), in its sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Sites at any time and for any reason, with or without notice.
9. Modifications
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Potluck Press reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
10. Indemnification
You agree to defend, indemnify and hold harmless Potluck Press, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Sites, your Submissions and any Personal Rights contained therein, your violation of these Terms of Use or any other violation by you of the rights of another person or party.
11. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than Potluck Press. Such links are provided solely as a convenience to you. Potluck Press does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Warranties and Disclaimer
The sites, submissions and any content provided via the sites, including links, are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, potluck press disclaims all representations, warranties and conditions, express or implied, with respect to the sites, submissions, the content and any products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorized code or programs, and implied warranties or conditions arising from course of dealing or course of performance. In addition, potluck press does not represent or warrant that the sites, submissions, content or any products, services or any other information accessible via the sites is secure, accurate, complete or current or that any particular products or inventory will be available at any particular store. As a condition of your use of the sites, you warrant to potluck press that you will not use the sites for any purpose that is unlawful or prohibited by these terms of use.
In addition, the sites may contain typographical errors or inaccuracies and may not be complete or current. Potluck press therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, potluck press reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
In addition, if an item becomes unavailable for whatever reason after an order is accepted, potluck press may terminate the order by giving you written notice. In such event, potluck press will contact you to arrange for a refund or provision of credit against future purchase. Again, we apologize for any inconvenience.
13. Limitation of Liability
Potluck press and its officers, directors, employees, agents, suppliers, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the sites, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
14. Copyright and Trademark Infringements
Notification:
Potluck Press respects the intellectual property rights of others, and we ask you to do the same. Potluck Press may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others.
Potluck Press will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.
If you believe that your copyrighted work is being infringed by material that appears on our Sites, please provide Potluck Press’ designated agent (address appears below) the following information that the DMCA requires:
- A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- A description of where the allegedly infringing material is located at Potluck Press’ web site
- Information reasonably sufficient to permit Potluck Press to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright trademark owner, its agent, or the law.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Potluck Press’ agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Mail
Potluck Press
920 S Bayview St
Seattle WA 98134
Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
15. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites and/or the Content must and will be venued exclusively in King County, Washington. These Terms of Use and the relationship between you and Potluck Press will be governed by the laws of the State of Washington, and the federal laws of the United States as applicable, without giving effect to principles of conflict of laws of any jurisdiction.
16. Miscellaneous
If any provision of these Terms of Use is held by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Potluck Press as a result of these Terms of Use, our Privacy Policy or any use of the Sites. Potluck Press’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Potluck Press’ right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Potluck Press with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Potluck Press with respect to the Sites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Potluck Press with respect to the Sites.