Terms & Conditions

Terms and Conditions

Effective date: July 7, 2017

Thank for visiting this website (this “Site”), which is owned by the American Pecan Council (“APC,” “we,” “us,” and “our”). These Terms and Conditions govern your use of this Site and any other APC-owned website on which they are posted.

Questions About These Terms and Conditions

If you have any questions about these Terms and Conditions, please contact us by mail at American Pecan Council, 777 Main Street, Suite 600, Fort Worth, Texas 76102, or by email at info@americanpecan.com.

Your Consent to These Terms and Conditions

By accessing or using this Site, you are agreeing to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use this Site.

Your Consent to our Privacy Policy

Our Privacy Policy describes our data practices as they relate to information collected through this Site. Our Privacy Policy is an integral part of and is incorporated into these Terms and Conditions.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the click-through agreement.

These Terms and Conditions May Change

APC reserves the right to update or modify these Terms and Conditions at any time and without prior notice, by posting the revised version of the Terms and Conditions on this Site. Your use of this Site following any such change constitutes your agreement to the revised Terms and Conditions. You may access the current version at any time by clicking on the link marked “Terms and Conditions” at the bottom of each page of the public areas of this Site.

Definitions

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.

The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The terms “APC,” “we,” “us,” and “our” refer to the American Pecan Council.

References to this “Site” refer to any APC-owned website on which these Terms and Conditions are posted.

The term “Terms and Conditions” refers to this Site’s Terms and Conditions.

The terms “User-Generated Content” or “UGC” refer to all of the content that you post using the social networking tools we make available to you, and that does not constitute Feedback.

Trademarks

The APC names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site are trademarks (whether registered or not), service marks and/or trade dress of the American Pecan Council or are included with the permission of the rights owner (the “Marks”). You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks is expressly prohibited.

Other Intellectual Property Rights

Certain materials on this Site may be protected by other intellectual property and/or proprietary laws, including without limitation those of the United States. All intellectual property rights therein are the property of APC or one of its licensors.

The presence of any Content on this Site does not constitute a waiver of any right that may exist in such Content. You do not acquire ownership rights to any such Content viewed through this Site merely by virtue of such viewing. Except as otherwise provided herein, no Content protected by applicable intellectual property laws may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print those portions in which APC owns or licenses intellectual property rights on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright or proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Responsibility Relating to Recipe Content Posted on or Through This Site

Our website includes recipes featuring pecans created by third parties. While we strive to show pictures of the actual recipes, this may not always be possible. On such occasions, we reserve the right to show pictures of a similar nature for illustrative purposes only.

If you choose to send in a recipe to the American Pecan Council you agree and acknowledge that:

  • The recipe or material is your own original work and has not been reproduced or copied from any published source. If you choose to adapt a recipe please specify this and include the original source when entering the details.
  • We reserve the right to modify the text to correct spelling and grammatical errors.
  • We reserve the right to reproduce, transmit, distribute, create, display, and otherwise use, at no charge, any recipe or other material submitted by you for any commercial or other purpose.
  • We will attribute the recipe to you; using first name and general location on the recipes page. You may specify not to include your details when sending us the recipe.

When sending in a recipe, please ensure that pecans are featured in the dish. All recipes sent to us will be checked by the American Pecan team to ensure that they contain pecans, and will be added to the website at our discretion.

We cannot be held responsible for any injury, damage to equipment or failure to achieve the expected results, while preparing or cooking any of the recipes on our website.

Responsibility for User-Generated Content Posted on or Through This Site

You are responsible for UGC that you post: Under no circumstances will we be liable in any way for any UGC. This means that you, not APC, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms and Conditions, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of APC or any person or entity associated with APC.

You own UGC, but we may use it: You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove UGC: APC has certain rights. We have the right (but do not assume the obligation) to:

  • monitor all UGC;
  • require that you avoid certain subjects;
  • remove or block any UGC at any time without notice at our sole and absolute discretion;
  • disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of APC or others, or to enforce these Terms and Conditions; and terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on UGC: It is a condition of these Terms and Conditions that you do not:

  • upload, post, transmit or otherwise make available
    • any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
    • any UGC that constitutes or encourages activity illegal under criminal or civil law;
    • any UGC that is false, misleading, or fraudulent;
    • any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
    • any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
    • any request for or solicitation of any personal or private information from any individual;
    • any request for or solicitation of money, goods, or services for private gain;
    • 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; or
    • any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

By posting UGC, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms and Conditions; (ii) the UGC is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your UGC fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.

Removal of Content

In general: You can report objectionable UGC by contacting us using the information provided above. While we do not have any obligation to remove UGC from this Site merely because of a removal request, we will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back–up or residual copy of the UGC we remove from our Sites may remain on back–up servers.

Violation of copyrights: APC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.

Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your statement to:
American Pecan Council
777 Main Street, Suite 600
Fort Worth, Texas 76102
info@americanpecan.com

Your Feedback

Although we do not claim ownership of UGC, the Feedback you provide to us will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all applicable intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.

WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Sites Operated by Third Parties

This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

Waiver

Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms and Conditions or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.

Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

APC’s headquarters are located in Fort Worth, Texas. These Terms and Conditions shall be governed under the laws of the State of Iowa without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions shall be venued exclusively in state or federal court in Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement.

These Terms and Conditions, together with our Privacy Policy and any applicable privacy notice or click-through agreement, contain the entire understanding and agreement between you and us with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site.

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