TERMS OF USE (Updated Feb. 2011)

Acceptance of Terms

Welcome to the Terms of Use page of the Gracie Diet Web site ("Site"), which is owned and operated by Brajitsu, Inc. (“Company”, “we” “our” or “us”). Please review the following basic terms that govern your use of our Site (the "Site Terms"). We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Site.

By using the Site, you agree to comply with the Site Terms, as amended, and the Site’s Privacy Policy, found at www.graciediet.com/privacypolicy and incorporated herein by reference. If you do not agree with the Site Terms and the Privacy Policy, please immediately discontinue any further use of this Site. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes.

Content; Posting; License to Use Site

This Site is owned and operated by Company. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, illustrations, testimonials, icons, designs, photographs, audio and sound recordings, logos, software, applications, graphics, and images (collectively, the "Materials") and all intellectual property rights related thereto, are owned by or licensed to Company or by its respective third party authors, developers, or vendors ("Third Party Providers"). You agree not to modify or delete any proprietary notices from the Site or its Materials. Company hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Materials (excluding any software code) solely for your personal noncommercial use in connection with viewing the Site and using its services or products. No right, title or interest in any downloaded Material is conveyed to you as a result of any such downloading or copying. Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Company. Any rights not expressly granted herein are reserved by Company.

By displaying or publishing (“posting”) any text (including but not limited to comments, suggestions and ideas), files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) on or through the Site, you hereby grant to Company an exclusive, irrevocable, royalty-free, sublicensable, worldwide, and perpetual license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, create derivative works of, and distribute any such User Content in any media formats and through any media channels now known or hereafter devised. You represent and warrant that the posting of your User Content on or through the Site or other media does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Company assumes no responsibility or liability arising from the User Content included in any transmissions or for any error, inaccuracy, or Prohibited Content (as defined below) that is contained in any User Content transmitted to our Site.

 

Enforcement of Rules and Polices

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to protect the rights, property, or personal safety of Company, its affiliates and subsidiaries and each of their respective officers, directors, members, managers, licensees, service providers, attorneys, suppliers, employees, agents, successors and assigns (collectively, “Company Parties”), and of the public, and to ensure the integrity and operation of Company’s business and systems, and to cooperate with law enforcement or a court order request, Company Parties will cooperate with any such law enforcement or court order request, and we may disclose information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content) regarding a user in connection with such circumstances. Company’s right to disclose any such information shall govern over any terms of Company’s Privacy Policy.

The Site contains User Content of other users. Except as provided within these Site Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other User Content appearing on or through the Site. In addition, you may not (a) make any resale or commercial use of the Site or the Materials; (b) make any derivative use of the Site or the Materials; (c) use any data mining, robots, or similar data gathering and extraction methods within the Site; or (d) use any meta tags or any other “hidden text” utilizing the intellectual property of any of Company Parties.

Your profile on the Site may not include, and you agree not to post on or through the Site, any form of Prohibited Content (as defined below). Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Site Terms, and Company assumes no responsibility or liability for this material. If you become aware of any misuse of the Site or any User Content by any person, please contact Company by sending an email to info@graciediet.com .

Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates these Site Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring the Site for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Site, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. You are solely responsible for the User Content that you post on or through the Site, and any material or information that you transmit to other users and for your interactions with other users. Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.

Public Forums And Communications

"Public Forum" means an area or feature offered as part of the Site that offers the opportunity for users to interact with each other and to post User Content for viewing by one or more users, which may include a chat area, message board or social community environment.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any postings to or communication within a Public Forum. Company cannot guarantee the security of any information you disclose in a Public Forum and, as such, you make such disclosures at your own risk. You should be skeptical about information provided by others, and you acknowledge that the use of any User Content posted in any Public Forum is at your own risk.

Users under the age of 18 years may not participate in a Public Forum.

Restrictions on Use of Site; Prohibited Content

Without limiting the generality of the foregoing, you may not:

Contests and Sweepstakes

We may from time to time offer participation in promotional contests and sweepstakes on our Site. Your participation in these contests and sweepstakes is governed by the express rules applicable to each such contest or sweepstakes. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Company, its affiliates and its subsidiaries may use your information for marketing and promotional purposes.

Digital Millennium Copyright Act

The Company respects the intellectual property rights of others, and requires that all users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has the right to terminate a user’s use of the Site for such actions.

If you believe your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send Company’s Copyright Agent a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Brajitsu, Inc ., 3515 Artesia Blvd., Torrance, Ca. 90504; Facsimile: (310) 353-4109; Attn: Copyright Agent. Company 's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here copyrightagent@graciediet.com .

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

 

 

 

If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole and absolute discretion.

Company’s Communications to You

You agree that Company and its affiliates, subsidiaries and principals may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company’s or its affiliates or subsidiaries’ products or services, or for such other purpose(s) as Company deems appropriate.

Links to Other Sites

For your convenience and enjoyment, our Site may provide links to web sites that are not operated by Company. These links do not mean that Company Parties endorse, approve, or sponsor the linked site or any information, products or services contained in such site, nor are Company Parties liable for any damage that might result from your use of such information, products, or services. Your linking to any other website(s) is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such third party website and agree that Company Parties are not responsible for any loss or damage of any sort you may incur from dealing with such a third party.

Disclaimer

THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL COMPANY PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF ANY SERVICES OR PRODUCTS FOUND ON ITS SITE. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS IN CONNECTION WITH ITS SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR ITS SERVICES OR PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES OR PRODUCTS, FROM INABILITY TO USE THE SITE OR THE SERVICES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES OR PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Release and Indemnification

You shall be solely liable for any User Content you post, upload or transmit to Company. You agree to indemnify and hold Company Parties harmless from any claim or demand, damages, losses, obligations, costs and expenses, including reasonable attorneys’ fees and court costs whether or not litigation has commenced, made by any third party due to or arising out of your use of the Site, including but not limited to any User Content that you post on or through the Site, your violation of the Site Terms, or your breach of any of the representations and warranties herein. In the event that you have a dispute with one or more users, you agree to release Company Parties from any actual or threatened claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” and you hereby waive any similar statues in other jurisdictions.

Inaccuracy Disclaimer

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.

Termination

Notwithstanding anything contrary in these Site Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to use the Site (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Site). You agree that Company shall not be liable to you or any third party for any suspension or termination of your access to the Site. Further, you agree not to attempt to use the Site after said suspension or termination unless you have received prior written permission from Company. Upon any termination, you must promptly destroy all Materials downloaded or otherwise obtained from this Site, as well as all copies of such Materials, whether made under this agreement or otherwise.

Ability to Accept Terms of Service

You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Site Terms, and to abide by and comply with these Site Terms. If you are under 18 years of age, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Miscellaneous

The Site Terms constitute the entire agreement between you and Company and govern your use of the Site and its services and products, superseding any prior agreements between you and Company. This Agreement is governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Site, or the services or products provided through the Site, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California, and you hereby consent to the personal jurisdiction of any such court. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have against Company with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or it is forever barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

We may assign our rights and duties under this Agreement to any party at any time without notice to you. These Site Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You agree that the Site Terms and Privacy Policy shall not be construed against the drafting party (i.e., Company).

Last Updated: February 2011