Blog Proposals Terms of Use

Thank you for your interest in participating in the Cravings blog, which is owned and operated by Crave Innovations, Inc. (“Crave”).  The following sets forth the “Terms of Use” under which you may propose ideas for blog forum-style posts to Crave’s blog located at http://cravings.lovecrave.com/ hereinafter known as the “Cravings Site.”  By accessing and using the Cravings Site and providing Blog Proposals (as defined below), you hereby accept and agree to these Terms of Use. Should you NOT accept these Terms of Use, you must not submit any Blog Proposals to Crave.  You acknowledge reading and agreeing to the terms of Crave’s Privacy Policy located at http://www.lovecrave.com/privacy/ and Crave’s Website Terms and Conditions located at http://www.lovecrave.com/terms/ . Crave hereby reserves the right to alter its Website Terms and Conditions, Privacy Policy, and these Blog Proposals Terms of Use at its sole discretion and without notice, and Crave may cancel its engagement with you at any time without notice.

Blog Proposals.

Pursuant to these Terms of Use, you may provide ideas for original content to the Cravings Site (“Blog Proposals”). You shall receive no monetary compensation for providing Blog Proposals. If Crave likes your Blog Proposals, it may contact you to request a submission.

We have no obligation (express or implied) to post or otherwise use any Blog Proposal you submit. You acknowledge that Crave receives multiple Blog Proposals and consults with marketing advisors regarding website content on a regular basis, which may result in content similar to your submitted Blog Proposals. Nothing in these Terms of Use shall preclude or in any way restrict Crave from posting content on the Cravings Site or elsewhere that is similar in nature to your Blog Proposals. 

Intellectual Property Rights

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Cravings Site (including without limitation photographs and graphical images) are owned by Crave or its licensors. Any rights not expressly granted in these terms are reserved. 

You grant Crave, its parent, subsidiaries and affiliated websites or companies and its respective licensees, successors and assigns, a perpetual, royalty free (except as provided herein), non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Blog Proposals you supply or communicate to the Cravings Site in any medium, now in existence or hereafter developed, for any purposes, including commercial use. Crave retains the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Blog Proposals in any manner for any purpose that it may deem necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Blog Proposals.

If you believe your work has been copied and is accessible on the Cravings Site, or that it contains links or references to another online location that contains materials that infringe your copyright, please contact Crave at copyright@craveinnovations.com.

Warranties and Restrictions

You hereby represent and warrant that: (i) you have the legal right and authority to enter into these Terms of Use; (ii) your performance and the rights granted to Crave hereunder shall not conflict with or violate any commitment or agreement you have to any other person or entity hereunder or the full enjoyment by Crave of the rights herein granted; and (iii) the materials provided by you shall not violate any law nor infringe upon nor violate any rights of any person, firm, corporation or entity including, but not limited to, the right of privacy, right of publicity, or the right against libel or slander.

You are the owner of all rights in the Blog Proposal(s), the Blog Proposal(s) are completely original and were created solely by you, and the Blog Proposal(s) do not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials in your Blog Proposal(s), you have secured all rights in the third-party materials necessary to allow you to grant us the rights in such third-party materials.

The Federal Trade Commission has promulgated rules which govern what online marketers can and cannot say in the course of marketing or endorsing a product, or writing a blog post to those effects. You hereby agree to disclose within your Blog Proposal whether, if any, remuneration or compensation you have received, in any form, from a third-party whose products or services form the basis of or are referenced in your Blog Proposal.

Indemnification.

You agree, at your sole expense, to indemnify, defend, and hold harmless Crave and its respective affiliates, officers, directors, shareholders, representatives, successors, assigns, employees, agents, distributors, and licensees from and against any judgment, action, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, suit, action or proceeding brought against Crave and/or its respective affiliates, officers, directors, shareholders, representatives, successors, assigns, employees, agents, distributors, or licensees out of or relating to: (i) a breach by you of any representation or warranty contained in these Terms of Use; or (ii) any damage or injury to any person or property arising out of or relating in any way, directly or indirectly, to your breach of these Terms of Use.

Limitation of Liability

Crave disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Crave be liable for any direct, indirect, special, incidental or consequential damages, including, without limitation, loss of data or profit, arising out of the use, or the inability to use, the site or the materials on this site, even if Crave has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so such limitation or exclusion may not apply.

Miscellaneous.

The waiver or failure of either party to exercise in any respect any right provided in these Terms of Use shall not be deemed a waiver of any other right or remedy to which the party may be entitled. If any part of these Terms of Use is held unenforceable, the rest of these Terms of Use will continue in full force and effect. These Terms of Use does not and shall not be construed to create a partnership or joint venture between the parties hereto. These Terms of Use shall be governed by the laws of the state of California, US. You consent to the exclusive jurisdiction and venue of the state and federal courts within Santa Clara County, California with respect to such matters. You may not assign your rights or obligations under these Terms of Use without Crave’s prior written consent. Crave may freely assign its rights and obligations under these Terms of Use.