Last Updated: February, 2022
1. Scope of Agreement
(a) General. This Agreement is between you and Capture and governs your access to and use of the Site. The purchase of any products or services are subject to separate agreements.
(c) Eligibility. To use the Site and make purchases from the Site, you must be 16 years of age or older and able to agree to this Agreement. If you are accepting this Agreement on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity and bind that entity to this Agreement (in which case, the references to “you” and “your” in this Agreement, other than in this sentence, refer to that entity).
2. Modification of Site or Agreement.
(a) Capture may, at any time and in its sole discretion, modify, revise, or otherwise change the Site, in whole or in part, without notice or liability to you.
(b) Capture reserves the right to modify this Agreement at any time at its sole discretion. If Capture modifies this Agreement, Capture will post the date of the latest revision at the top of this Agreement and will post the revised version on the Site. The modified version of the Agreement will apply to all access and use of the Site thereafter. Check this page periodically to be aware of any modifications to the Agreement. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent and your agreement to be bound by this Agreement as modified.
(a) Restrictions. You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Site (a) to reverse engineer or decompile it, or to gain (or attempt to gain) unauthorized access to areas or materials provided on the Site or Capture’s products or services for which you do not have the proper authorization;
(b) to impersonate any person or entity (including Capture or its employees) or falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or your authority to bind another person or entity;
(c) to link sites together without consent;
(d) in a manner that violates any national, state, local or international law, rule or regulation, including but not limited to import and export laws;
(e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam”;
(f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
(g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Capture’s products or services;
(h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements, restrictions, or standards set forth in in this Agreement; or
(j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site;
(k) in a way that attacks the Site via a denial-of-service attack or a distributed denial-of-service attack;
(l) to exploit, harm, or violate the legal rights of others,
(m) to transmit promotional materials or malicious code;
(n) to transmit sexually explicit or pornographic material, obscene, defamatory, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, infringing material, or any material that could give rise to liability for Capture;
(o) to deceive any person, or cause annoyance, inconvenience, or needless anxiety to any person,
(p) in a manner that creates the impression Capture or others endorse the use, if that is not the case,
(q) in a manner that Capture determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site, the information provided through the Site, or Capture’s services.
4. Availability and Use of Site.
(a) Availability. The availability of this Site depends on many factors, including some factors that are beyond Capture’s control, such as your connection to the Internet and the Internet backbone. You are solely responsible for arranging access to the Site. You are responsible for all use of the Site through your Internet connection. Capture shall not be liable to you if you cannot use this Site for any reason.
5. Term; Termination.
(a) Termination. In addition to any other legal or equitable remedies, Capture may, without prior notice to you, immediately terminate this Agreement, disable your access to the Site, or revoke any or all of your rights granted under this Agreement.
(b) Effect of Termination. Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and Capture may, in addition to any other legal or equitable remedies, deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
6. Intellectual Property.
(a) Intellectual Property Laws. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site and the materials provided therein, and any unauthorized access to or use of this Site or the materials therein may violate such laws. Capture reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
(b) Ownership. All information and data that is part of this Site, including without limitation, recipes, photographs, caricatures, text, software, graphics, illustrations, images, audio clips (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Site (collectively, the “Trademarks”), and the goods that are made available for purchase, as well as the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Capture or its licensors. You are not granted any right, either express or implied, in any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Capture or any of the goodwill associated with any of the foregoing. You shall not use the Trademarks or any confusingly similar version of them. To the extent that you use any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual or proprietary right of Capture, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Capture.
(c) Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site, whether on printable materials or otherwise.
7. Links to Other Internet Sites. This Site may contain links to Internet sites owned, operated or maintained by third parties not under Capture’s control. The links are not and shall not be deemed to be Capture’s endorsement of the entity associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. If you click on a link to a third party site, you are leaving the Capture Site.
8. Links to this Site. You must obtain Capture’s prior written consent to post any link(s) to this Site. You agree to cooperate with Capture in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
9. Warranty Disclaimer; Limitation of Liability.
(a) Disclaimer. ALL CONTENT, INFORMATION, PRODUCTS, SERVICES, AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. YOU ACKNOWLEDGE THAT YOU USE THIS SITE AT YOUR OWN RISK. CAPTURE DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR USE OF THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, USEFUL, COMPLETE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. CAPTURE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, DATA COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND SYSTEM INTEGRATION. CAPTURE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR BY DOWNLOADING ANY MATERIAL POSTED ON THE SITE OR ON ANY SITE LINKED TO THE SITE.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPTURE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CAPTURE HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPTURE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM ANY OTHER USER OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. IN ANY EVENT, CAPTURE’S AGGREGATE LIABILITY WILL NOT EXCEED $100.
10. Indemnity. You agree to indemnify, defend and hold harmless Capture and its respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to
(i) your access or connection to, or use of this Site, including without limitation claims arising out of information, Content, provided to Capture for public display, distribution, or other use,
(ii) your violation of a third party’s intellectual property or other rights,
(iii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement,
(iv) injury to persons (including death) or property, including loss or corruption of data caused by you. Capture reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification for attorneys’ fees and costs of defense by you, and in such case, you agree to cooperate with Capture’s defense of such claims.
11. Relationship Between the Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Capture as a result of this Agreement or any use of this Site or the Capture Content. You agree not to hold yourself out as a representative, agent, or employee of Capture and Capture shall not be liable for any representation, act or omission by you to the contrary.
12. Assignment. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Capture’s successors, assigns and licensees.
13. Injunctive Relief; Remedies.
(a) Injunctive Relief. You agree that Capture’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Capture shall be entitled to specific performance or injunctive relief, or both (without posting security), in addition to any damages that Capture may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
(b) Cumulative Remedies. All rights and remedies granted to Capture under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Capture at law or in equity.
14. Governing Law and Jurisdiction; Limit on Commencing Actions.
(a) Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Kentucky, in all disputes arising out of or relating to the use of this Site.
(b) Limitation on Actions. you must commence any cause of action or claim against Capture within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
15. International Access. This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
16. Contact Information. Please send any notices, questions, comments, or concerns regarding the Site to insert.
18. Reservation of Rights. Capture reserves to itself any and all rights not expressly granted herein.