Statement of Rights and Responsibilities
1. Your relationship with red white and pure LLC (therein referred to as rwp)
1.1 Your use of red white and pure LLC products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by rwp under a separate written agreement) is subject to the terms of a legal agreement between you and rwp. By "red white and pure" we mean the features and services we make available, including through (a) our website at www.redwhiteandpure.com and any other rwp LLC branded or co- branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed, whose principal place of business is at 7985 Santa Monica Blvd #24, California 90046, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with red white and pure, your agreement with rwp will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with rwp will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and rwp in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law.
1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by rwp's user interface for any and all Services directly linked with red white and pure LLC; or
(B) by actually using the Services. In this case, you understand and agree that red white and pure will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if:
you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
we disable your account. In addition you will not create another one without our permission.
you are under 13 or not of legal age to do so.
you are a convicted sex offender.
3. Language of the Terms
3.1 Where rwp has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with red white and pure.
3.2 If there is any contradiction between what the rwp language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by red white and pure
4.1 rwp has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of rwp itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 rwp is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of the Services which rwp provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that rwp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at red white and pure's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform rwp when you stop using the Services.
4.4 You acknowledge and agree that if rwp disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to rwp will always be accurate, correct and up to date.
You will not collect users' content or information, or otherwise access rwp, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on rwp without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.4 Unless you have been specifically permitted to do so in a separate agreement with rwp, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.5 You agree that you are solely responsible for (and that red white and pure LLC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which rwp may suffer) of any such breach.
6. Your passwords and account security
6.1 We do our best to keep rwp safe, but we cannot guarantee it. We need your help to do that, which includes the following
You will not send or otherwise post unauthorized commercial communications (such as spam) on this site or on any of the directly affiliated rwp platforms. (i.e. www.myartonomy.com, www.TCMchef.com, www.PrivateChef.com, www.PompMega.com, www.KeramkStore.com)
6.2 Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Your username cannot be a name of a business or website that advertises a direct link to a business outside the rwp and its affiliated platforms.
6.3 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7. Privacy and your personal information
You agree to the use of your data in accordance with red white and pure's privacy policies. Accordingly, you agree that you will be solely responsible to rwp for all activities that occur under your account.
8. Sharing Your Content and Information
8.1 You own all of the content and information you post on red white and pure, and you can control how it is shared through your privacy settings. In addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with red white and pure ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off and of red white and pure affiliated sites, to access and use that information, and to associate it with you (i.e., your name and profile picture).
8.2 Upon deletion of your IP content and/or user profile, information you have shared in public forums may not be deleted even if they associate to your persona or/and could be linked to your pre existing within the rwp platforms.
We always appreciate your feedback or other suggestions about red white and pure, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
a) Using any of rwp Public Areas for any purpose in violation of local, state, national, or international laws;
b) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by rwp in its sole discretion;
d) Posting advertisements or solicitations of business;
c) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
e) Posting chain letters or pyramid schemes;
f) Impersonating another person;
g) Distributing viruses or other harmful computer code;
h) Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
i) Allowing any other person or entity to use your identification for posting or viewing comments
j) Posting the same note more than once or "spamming"; or
k) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas, Forums or the Platforms, or which, in the judgment of rwp, exposes rwp or any of its customers or suppliers to any liability or detriment of any type.
8.3. redwhiteandpure LLC and within this LLC affiliated sites reserve the right (but is not obligated) to do any or all of the following:
a) Record the dialogue in any public chat rooms.
b) Investigate an allegation that a communication(s) do(es) not conform to the rwp terms set foreward of this section and determine in its sole discretion to remove or request the removal of the communication(s).
c) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions or the Mission Statement; Living Better Every Day.
d) Terminate a user's access to any or all Public Areas and/or all Sites hosted under the Umbrella site of redwhitepure.com upon any breach of these Terms and Conditions.
e) Monitor, edit, or disclose any communication in the Public Areas.
f) Edit or delete any communication(s) posted on the rwp or with the LLC affiliated Sites, regardless of whether such communication(s) violate these standards.
rwpLLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. rwp has no liability or responsibility to users of any of her affiliated platforms or any other person or entity for performance or nonperformance of the aforementioned activities.
9. General legal terms
9.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
9.2 The Terms constitute the whole legal agreement between you and red white and pure and govern your use of the Services (but excluding any services which rwp may provide to you under a separate written agreement), and completely replace any prior agreements between you and rwp in relation to the Services.
9.3 You agree that rwp may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
9.4 You agree that if red white and pure does not exercise or enforce any legal right or remedy which is contained in the Terms (or which rwp has the benefit of under any applicable law), this will not be taken to be a formal waiver of red white and pure's rights and that those rights or remedies will still be available to rwp.
9.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
9.6 You acknowledge and agree that each member of the group of companies of which rwp is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
9.7 The Terms, and your relationship with rwp under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and red white and pure agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that red white and pure shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.