CHANGES TO AGREEMENT
The Three Tomatoes may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Services after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
CHANGES TO SERVICES
The Three Tomatoes may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Services and any content, services or material offered on or through the Services, for any or no reason, and with or without notice.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content contained on or offered through the Services (collectively, “Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of The Three Tomatoes, its licensors or content providers or other third parties. The Services and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by The Three Tomatoes under the copyright laws of the United States and other countries. The Three Tomatoes may change the Services or delete any Content or features of Services at any time, in any way, for any or no reason. The Three Tomatoes reserves all rights not expressly granted in and to the Services and the Content.
Unless otherwise noted, The Three Tomatoes and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, servicemarks, trade names, and logos of The Three Tomatoes. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Services without the owner’s prior written permission. Unauthorized use of The Three Tomatoes and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.
Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without The Three Tomatoes’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site.
NO MEDICAL ADVICE
THE SERVICES MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Three Tomatoes IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SERVICES.
USE OF THE SERVICES
In order to bring our users interesting and engaging information on health, wellness and fitness the Content and related information made available through the Services comes from a variety of sources.
The Three Tomatoes Content
The Three Tomatoes may from time to time (i) receive from third party vendors free products that we review and feature in our Content, and (ii) receive compensation for our review and discussion of the products featured in our Content and for the resulting advertisement and promotion of those products and the companies that sell them.
The Services may offer users the opportunity to post Content on the Services in the form of articles, comments, photographs, videos, artwork, and other materials (collectively, the “User Submissions”). By making a User Submission, you grant to The Three Tomatoes an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that The Three Tomatoes is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to The Three Tomatoes without any monetary or other obligation to you.
You agree not to post on or transmit through the Services any User Submission or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in writing by The Three Tomatoes;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by The Three Tomatoes. The Three Tomatoes shall have no obligation to store, keep copies of or return any User Submissions. The Three Tomatoes further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Services that it deems to be in violation of the foregoing requirements.
You will be solely responsible and liable for, and will indemnify The Three Tomatoes and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
Third Party Content
The Three Tomatoes may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and e-mails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of The Three Tomatoes. The Three Tomatoes does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
While The Three Tomatoes uses reasonable efforts to include accurate and up to date information on the Services, The Three Tomatoes makes no warranties or representations as to the accuracy of our Content or the Third Party Content made available through our Services. The Three Tomatoes assumes no liability or responsibility for any errors or omissions in the Content of the Services.
THE MATERIALS ON, OR ACCESSIBLE FROM, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE THREE TOMATOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE THREE TOMATOES DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Three Tomatoes DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE THREE TOMATOES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SERVICES, THEIR CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF The Three Tomatoes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Services, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of this Agreement.
THIRD PARTY SITES
Certain links on the Services may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom The Three Tomatoes has no control. The Three Tomatoes accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. The Three Tomatoes makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
The Three Tomatoes respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Services, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
- An electronic or physical signature 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 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 you, such as your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on 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 you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement shall be sent to The Three Tomatoes’s copyright agent, whose contact information is noted below:
The Three Tomatoes
6 Soundview Rd.,
Glen Cove, NY 11542
Email Address: tomato@The Three Tomatoes.com
COMPLIANCE WITH LAWS
You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflicts of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between The Three Tomatoes and users of the Services relating to the subject matter contained herein. No delay or failure by The Three Tomatoes to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by The Three Tomatoes. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Services or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.