Terms of Service & Privacy Policy

Terms of Service

We “the Website” (posyandkettle.com) run a blog magazine and would love for you to use it. Our service is designed to give you as much control over your comments and content as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your comments or content (things like spam, porn, viruses, or hate content).

If you find a comment or content that you believe violates our terms of service, please email support AT posyandkettle.com

The following terms and conditions govern all use of the posyandkettle.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, posyandkettle.com Privacy Policy) and procedures that may be published from time to time on this Site by posyandkettle.com (collectively, the “Agreement”).

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 posyandkettle.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

If you create comments or content on the Website, you are responsible for maintaining the security of your account and accounts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with this site. You must not describe or assign keywords to your comments or content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and posyandkettle.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause posyandkettle.com liability. You must immediately notify posyandkettle.com of any unauthorized uses of your comments or content, your account or any other breaches of security. posyandkettle.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you comment, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your comments or content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your comment or content is not named in a manner that misleads your readers into thinking that you are another person or company. In the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by posyandkettle.com or otherwise.

By submitting Content to posyandkettle.com for inclusion on our Website, you grant posyandkettle.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting posyandkettle.com and affiliated products and services.

Without limiting any of those representations or warranties, posyandkettle.com has the right (though not the obligation) to, in posyandkettle.com’s sole discretion (i) refuse or remove any content that, in posyandkettle.com’s reasonable opinion, violates any posyandkettle.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in posyandkettle.com’s sole discretion. posyandkettle.com will have no obligation to provide a refund of any amounts previously paid.

Permitted Use.

You may not use the posyandkettle.com site to substantially replicate content, products or services offered by posyandkettle.com, including the republication of posyandkettle.com content or hotlinking to images or other media. If posyandkettle.com believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access posyandkettle.com or affiliated products or services may be temporarily or permanently revoked, with or without notice and we will vigorously defend our copyrights and business.

Furthermore, by accessing posyandkettle.com you agree that you will not interfere in the business of posyandkettle.com by using author Sandra Hinchliffe’s copyrighted works of text or photography in any unauthorized manner. You agree to pay an amount of no less than $10000 USD directly to the author of posyandkettle.com, Sandra Hinchliffe, for each instance of unauthorized use of her copyrighted text or photographs on any other website, product, or publication without written email permission from Sandra Hinchliffe or another authorized representative of posyandkettle.com. Social sharing and news sites such as reddit, facebook, pinterest, and twitter are exempt as long as you are properly representing and labeling the work as from posyandkettle.com or by the author.

Responsibility of Website Visitors.

posyandkettle.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, posyandkettle.com 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. posyandkettle.com 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. 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 posyandkettle.com links, and that link to posyandkettle.com. posyandkettle.com does not have any control over those non-posyandkettle.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-posyandkettle.com website or webpage, posyandkettle.com 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. posyandkettle.com disclaims any responsibility for any harm resulting from your use of non-posyandkettle.com websites and webpages.

posyandkettle.com makes no medical claims, and nothing posted should be considered medical advice or diagnosis. Statements made on the Website have not been evaluated by the FDA or any other government agency.

Copyright Infringement and DMCA Policy. As posyandkettle.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 posyandkettle.com violates your copyright, you are encouraged to notify posyandkettle.com in accordance with posyandkettle.com Digital Millennium Copyright Act (“DMCA”) Policy. posyandkettle.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. posyandkettle.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 posyandkettle.com or others. In the case of such termination, posyandkettle.com will have no obligation to provide a refund of any amounts previously paid to posyandkettle.com. DMCA complaints should be sent to DMCA AT posyandkettle.com

Intellectual Property.

This Agreement does not transfer from posyandkettle.com to you any posyandkettle.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 posyandkettle.com. posyandkettle.com, the posyandkettle.com logo, and all other trademarks, service marks, graphics and logos used in connection with posyandkettle.com are trademarks or registered trademarks of posyandkettle.com or posyandkettle.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 posyandkettle.com or third-party trademarks.

Advertisements.

posyandkettle.com reserves the right to display advertisements on posyandkettle.com.

Changes.

posyandkettle.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. posyandkettle.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.

Termination.

posyandkettle.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 posyandkettle.com account (if you have one), you may simply discontinue using the Website. 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.

Disclaimer of Warranties.

The Website is provided “as is”. posyandkettle.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 posyandkettle.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. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will posyandkettle.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. posyandkettle.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.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the posyandkettle.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless posyandkettle.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.

Miscellaneous.

This Agreement constitutes the entire agreement between posyandkettle.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of posyandkettle.com, or by the posting by posyandkettle.com 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 California, 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 Humboldt County, California. 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), or tort claims related to the interference of the business of posyandkettle.com, 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 San Francisco, California, 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; posyandkettle.com 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.

Privacy Policy:

Your privacy is critically important to us. At posyandkettle.com we have a few fundamental principles:

We don’t ask you for personal information unless we truly need it.

We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.

We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy which incorporates these goals: (This privacy policy available under a Creative Commons Sharealike license from WordPress.com, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’d appreciate a link to somewhere on your site. WordPress.com spent a lot of money and time on the below, and other people shouldn’t need to do the same.)

If you have questions about deleting or correcting your personal data please contact our support team: support AT posyandkettle.com.

It is posyandkettle.com’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, posyandkettle.com 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. posyandkettle.com’s purpose in collecting non-personally identifying information is to better understand how posyandkettle.com’s visitors use its website. From time to time, posyandkettle.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

posyandkettle.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WordPress.com blogs. posyandkettle.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to posyandkettle.com’s websites choose to interact with posyandkettle.com in ways that require posyandkettle.com to gather personally-identifying information. The amount and type of information that posyandkettle.com gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a mailing list to provide an email address. Those who engage in transactions with posyandkettle.com – by purchasing books or products, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, posyandkettle.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with posyandkettle.com. posyandkettle.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.

Aggregated Statistics

posyandkettle.com may collect statistics about the behavior of visitors to its websites. For instance, posyandkettle.com may monitor the site via Google Analytics or other services to monitor web traffic or use spam screened by the Akismet service to help identify spam. posyandkettle.com may display this information publicly or provide it to others. However, posyandkettle.com does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

posyandkettle.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 posyandkettle.com behalf or to provide services available at posyandkettle.com websites, 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 posyandkettle.com websites, you consent to the transfer of such information to them. posyandkettle.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, posyandkettle.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when posyandkettle.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of posyandkettle.com, third parties or the public at large. If you are mailing list subscriber of an posyandkettle.com website or affiliated service or product and have supplied your email address, posyandkettle.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 posyandkettle.com and our products. If you send us a request (for example via a support 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. posyandkettle.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. posyandkettle.com uses cookies to help posyandkettle.com identify and track visitors, their usage of posyandkettle.com website, and their website access preferences. posyandkettle.com visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using posyandkettle.com websites, with the drawback that certain features of posyandkettle.com websites may not function properly without the aid of cookies.

Business Transfers

If posyandkettle.com, or substantially all of its assets, were acquired, or in the unlikely event that posyandkettle.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 posyandkettle.com may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by posyandkettle.com and does not cover the use of cookies by any advertisers.

Comments

Comments and other content submitted to our Akismet anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.

We may, from time to time use a 3rd party commenting app or service. Our privacy policy does not apply to any of these services. See each individual service for their privacy policy.

Privacy Policy and TOS Changes

Although most changes are likely to be minor, posyandkettle.com may change its Privacy Policy and TOS from time to time, and in posyandkettle.com sole discretion. posyandkettle.com encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

These terms have been updated 7/7/2017

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