Terms and Conditions of Use
Last Updated September 4, 2017
Welcome to Lissabach.com (the “Website”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Website. By viewing or otherwise using this Website, you agree to the terms and conditions in this Notice. If you disagree with any part of these terms and conditions, please do not use our website
The term ‘Melissa Bachman’ or ‘lissabach’ or ‘us’ or ‘we’ or ‘lissabach.com’ refers to the owner of the website.
The term ‘you’ refers to the user or viewer of our website.
We reserve the right in our sole discretion to change, modify, add or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated notice on our Website and changing the last updated date listed above. This Notice applies exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may have with Melissa Bachman and/or lissabach.com for products, services or otherwise. We encourage you to review our Notice each time you visit our Site to see if it has been updated since your last visit.
All Website materials, including, without limitation, the Lissabach.com logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are ALL RIGHTS RESERVED Copyright 2016 Lissabach.com You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Lissabach.com is strictly prohibited.
All trademarks on this Website are either trademarks or registered trademarks of Melissa Bachman, lissabach.com and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Melissa Bachman/lissabach.com In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Lissabach.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lissabach.com. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Lissabach.com may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray lissabach.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any lissabach.com trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without lissabach.com’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of elissa Bachman/lissabach.com or any third party.
Third-Party Content & Services
Lissabach.com may provide hyperlinks to sites and content of third parties (“Third-Party Content”) as a service to those interested in this information. Lissabach.com does not monitor nor does Lissabach.com have control over any Third-Party Content. Lissabach.com does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Lissabach.com does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
By submitting, disclosing or offering any recipe, review, photograph, image, favorites list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”) to lissabach.com either online or offline and whether or not solicited by Lissabach.com you hereby grant to lissabach.com an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Melissa Bachman/lissabach.com to effect, perfect and confirm the license granted to lissabach.com to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Melissa Bachman and lissabach.com is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Melissa Bachman/lissabach.com we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant Melissa Bachman/lissabach.com the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website.
You agree not to use the Website to do any of the following:
• Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material (“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;
Upload or transmit any 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.
• Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Without Melissa Bachman’s/lissabach’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
• Harm minors in any way; or
• Upload, post, email, transmit or otherwise make available any Material that contains software viruses 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.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. LISSABACH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MELISSA BACHMAN, LISSABACH AND/OR LISSABACH.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LISSABACH.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Lissabach.com reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Melissa Bachman, lissabach, or lissabach.com.
Limitation of Liability
IN NO EVENT SHALL MELISSA BACHMAN, LISSABACH AND/OR LISSABACH.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF — USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OF, OR INABILITY TO — USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF MELISSA BACHMAN, LISSA BACH AND/OR LISSABACH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
You agree to defend, indemnify and hold harmless Lissabach.com and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorneys. fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
These terms and conditions shall be governed by and construed in accordance with the laws of The United States, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the courts of the United States and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
Lissabach.com reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
Notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
• Service Provider: Melissa Bachman/lissabach/lissabach.com
• Name of Agent Designated to Receive Notification of Claimed Infringement: Melissa Bachman
• E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Lissabach.com may, within its sole discretion, terminate authorization of users to its Website who are repeat infringers.
If you have any questions about this legal notice, the practices of this Website, or your dealings with this Website, please contact us at firstname.lastname@example.org.
The entire contents of this website are based upon the opinions and experiences of the founder of lissabach.com, unless otherwise noted. Individual articles are based upon the opinions of the respective author, who retains copyright as marked.
All content of this website and any provided materials, research, or communications are for informational purposes only. No content is intended to be, or should be used as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
There is no inference implied that ANY statements on this website have been evaluated by the Food and Drug Administration. Any product, practice or discussion in this website should never be construed as intended for diagnosis, treatment, cure or prevention of any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using any products.
At lissabach.com, we recognize the importance of your privacy. If we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Information We Collect
Personal information is information that specifically identifies an individual, such as a customer’s name, e-mail address, mailing address and information about that individual’s activities when directly linked to that person such as information about his or her use of the site. Personal information also may include demographic information, such as date of birth, gender, geographic area and preferences, when such information is linked to other personal information that identifies the individual.
How We Collect and Use Personal Information
Lissabach.com collects personal information from you at several different points on our Website, as set forth below.
In general, we use personal information for the purpose for which it was collected, such as
• Blog comments
• To anticipate and resolve problems with our Website
• For our own internal business operations, to respond to reader support inquiries and for other purposes as described below.
Other Information Submissions
When you submit your email address to us to initiate a subscription to one of our newsletters, we ask for personal information such as your name and email address. This personal information is only used to send you the newsletter(s). You may opt-out of such follow-up contacts by following the instructions in the newsletter.
When you elect to share a blog post or recipe with a friend, we ask you for your friend’s name and email address. Lissabach.com will automatically send your friend a one-time email on your behalf which contains the requested content, and which invites your friend to visit the Website. If your friend does not wish to receive these messages sent on your behalf, he or she must contact you directly. Lissabach.com users may not use this sharing service to send unwanted spam to others.
Contests, Promotions, Offers and Surveys
Occasionally, our Website requests personal information from users via contests, promotions, offers and surveys. Participation in these contests, promotions, offers, and surveys is completely voluntary and you therefore may choose whether to disclose personal information in connection with these activities. Personal Information requested in these activities may include contact information (e.g., your name and shipping address) and demographic information (e.g., your postal code or age level). We use this information to notify you if you’ve won and to award prizes. We use information we collect in surveys for internal purposes, such as to ascertain the use of this Website and improve its usefulness to you.
We collect personal information when you submit comments, questions or suggestions to lissabach.com. We use the information you provide to respond to your submission.
Cookies, Web Beacons and Log Files
We may use, and permit third parties to use, “web beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and web bugs) on our Website and in our e-mail newsletters, to monitor the effectiveness of advertising and for other lawful purposes. These web beacons do not collect personally identifying information about you on our Website.
We track log files on our Website (i.e., we log your computer’s IP address into our log files when you visit a page on our Website) and use them to analyze trends, administer the Website, track your movements on the Website, and gather broad demographic information for aggregate use. We may link some or all of this information to personally identifiable information that is stored on a cookie in your computer. We only use information gathered from these activities for our internal marketing and operational purposes.
Disclosure of Personal Information
With your consent, we may disclose information you provide to third parties in conjunction with
(i) your entry into a contest or promotion,
(ii) your request of an offer, or
(iii) your participation in a survey or similar activity on the Website.
You may be asked for additional information in order to enter the contest or promotion, request an offer, or participate in a survey. The third parties will use the information we provide to them, along with any information you provide during your entry, request, or participation, in order to
(i) notify you if you have won a prize in a contest or sweepstakes, and
(ii) to fulfill, or facilitate fulfillment of, requests for products or services you may make in connection with your entry, request, or participation.
These third parties are contractually obligated to keep all such information confidential and to only use it for the purposes for which it was provided. When we provide information collected during a contest, promotion, offer, or survey on the Website to third parties, we always disclose this to you at the time of collection.
Protection of Melissa Bachman, lissabach.com and Others
We do not intend, and the Website is not designed, to collect personal information from children under the age of 13. If you are under 13 years old, you should not register for our services or otherwise provide information on our Website and should ask your parent to do so for you.
Third Party Website Advertising – General
Third Party Links
Third Party Sources
California Privacy Rights and UK Data Protection Act
California Privacy Rights
California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. We do not provide your personal information to any third party for their direct marketing purposes without your consent. If, having provided your consent, you would like to revoke your consent to future disclosure of your personal information to third parties, send a request to contact us at email@example.com with “California Opt-Out” in the subject line. Please note that this opt-out will not prevent the use of information that has already been disclosed to third parties with your consent and you should contact them directly to opt-out from such communications
The UK Data Protection Act
Subject access is one of the main rights of the Data Protection Act. It gives people the right to access their personal information. You can ask us to tell you about any personal information Lissabach.com holds about you, and to provide you with a copy of that information. In most cases we will respond within 40 calendar days of receiving such Subject Access request. We may ask you for a modest fee (which will not exceed £10) to cover our costs. Please send any requests for Subject Access to firstname.lastname@example.org. Please indicate such a request by placing “UK DPA Subject Access Request” in the subject line.