Received a sweepstakes entry from what I would consider to be a well known national web presence, and source of good material on their fields of expertise.
I went to the sweepstakes sign up page and as I always do, actually read the terms and conditions before checkin that I agree.
Without naming them, but as a cautionary tale for others, the terms and conditions contain such nuggets as:
So even if you read and understand the rules, they can change them and if you don't happen to catch the change on the web page that you don't visit daily, you've already agreed to comply with whatever those changes are.
I can understand the caveat excusing them from editorial review of comments and the like submitted by others but since they are including content of their site, they are essentially saying you can't rely on what they post themself.
COMPANYTerms & Conditions
Tasting Table is a website and newsletter for culinary enthusiasts.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The TastingTable.com and TastingTable.tv websites (the "Websites"), emails ("Email") and mobile app ("Dine"), collectively "Tasting Table Media", are provided by TDT Media Inc. ("Tasting Table", "we","us") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by Tasting Table. By using this site, you are deemed to have agreed to these terms and conditions of use. Tasting Table may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Tasting Table.com. By using the Tasting Table Media after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use the Websites or Dine App and unsubscriber from the Email.
USER AGE
We test and re-test every recipe we run so you can be sure everything works just like it does in our Test Kitchen. And when we're out reviewing a restaurant, we pick up the tab to be sure we'll have the same experience you will. And we pledge to drink every drop of every bottle of beer, bourbon or bubbly that we write about. (Burp. You're welcome).
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User Conduct
Tasting Table Media and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through Tasting Table Media (collectively, the "Services") are provided to you solely for entertainment purposes. By using Tasting Table Media and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Tasting Table reserves the right to terminate your subscription to the Email, terminate your Tasting Table account and refuse any and all current or future use of the Services.
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Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
"Stalk" another;
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Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Act in a manner that negatively affects other users' ability to engage in the Websites or Services;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Websites or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of Tasting Table Media or the Content posted by others on this Websites or use such information for any purpose inconsistent with the purpose of Tasting Table Media or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Tasting Table is not responsible for material submitted to Tasting Table or posted on Tasting Table Media by users. Tasting Table does not pre-screen, monitor, review or edit the Content posted by users. However, Tasting Table and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in TastingTable's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Tasting Table is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to TastingTable. You agree to immediately notify Tasting Table of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Tasting Table may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Tasting Table, its users or the public.
You understand that the technical processing and transmission of Tasting Table Media, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Tasting Table assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Tasting Table Media.
Any or all Content on the Websites may be purged periodically in TastingTable's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Tasting Table or submitted to Tasting Table, including Content. You further acknowledge and agree that the views expressed on the Websites do not necessarily reflect the views of Tasting Table, and Tasting Table does not support or endorse Content (including any Contribution, whether or not edited by Tasting Table or its designee or presented on the Websites edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Electronic Communication
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In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
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Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
Restrictions On Use of Material
The content on Tasting Table Media is intended for entertainment purposes only. Except as expressly permitted, you agree not to use Tasting Table Media for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Tasting Table Media . Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from Tasting Table Media . To seek our permission, you may contact us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on Tasting Table Media .
Unsolicited Materials
In operating this site, Tasting Table does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through Tasting Table Media, mail, e-mail, or in any other way. Any information or material submitted or sent to Tasting Table, will be deemed not to be confidential or secret. By submitting or sending information or other material to Tasting Table you represent and warrant that the information is original to you and that no other party has any rights to the material.
User's Grant Of Limited License
By communicating with XXX, including submitting or sending Content, a Contribution or other information or material to XXX Media, you grant XXX the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a XXX feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to XXX.
So anything you submit becomes THEIRS for benefit purposes, buy YOU are liable for any problems with that same input.
There's more, as you might imagine, but those give you some examples of what may be hidden in those agreements that I'm guessing most folks say "Yeah, whatever…" and check the block without even a glance.
