TERMS OF USE, PRIVACY POLICY, DISCLOSURE STATEMENTS, AND OFFICIAL GIVEAWAY RULES
The following Terms of Use, Privacy Policy, Disclosure, and Official Giveaway Rules (“Statements”) govern your (“you” or “User”) use of the Pointalicious website (“Site” or “we” or “us” or “blog”). All occurrences of the term Pointalicious and its meaning on this Site and related Agreements shall include the Site's writers, editors, and contributors. By accessing or using this Site in any way, you are agreeing to abide by these Statements and are entering into a legally binding agreement between you and Pointalicious. If you do not agree with these Statements, please do not use this Site. For questions regarding these Statements, please e-mail info@pointalicious.com. Pointalicious will periodically review these Statements and revise them as necessary. All revisions become applicable as soon as they are posted. Please check back regularly for updates. These Statements are effective June 8, 2016,
Terms of Use
Recipe Sharing Site. Weight Watchers is a registered trademark of Weight Watchers International, Inc. This site is not affiliated with Weight Watchers International in any way. Weight Watchers has not reviewed this site for accuracy or suitability for its members. Pointalicious does not encourage or discourage the Weight Watchers diet and/or associated "points system" (i.e., "SmartPoints" or "points"). The sole purpose of this website is to share recipes that the writer finds tasty and delicious. This site is in no way intended to give diet or medical advice. All information is intended for general knowledge and is not a substitute for medical advice or treatment. Consult your doctor before beginning any new diet and/or fitness regimen. We use the Weight Watchers app and/or website to calculate point totals for the food/recipes published, but readers are strongly urged to independently
Errors or Omissions. Recipes should be prepared by competent cooks. Pointalicious is not responsible for errors or omissions in its recipes.
Errors or Omissions. Recipes should be prepared by competent cooks. Pointalicious is not responsible for errors or omissions in its recipes.
Operation of Website. Pointalicious reserves the right, in it sole discretion, to modify the Site, either in part or in its entirety, at any time for any reason and without notice. This includes suspending the Site and terminating the Site.
Intellectual property/copyright. No portion of this Site may be copied, reproduced, republished, or copied in any way without written permission from Pointalicious. For permission, e-mail your request to info@pointalicious.com.
Links, Sponsors/Advertisers, and Other Third Parties. Part of the Pointalicious site experience includes third party services that allow users to interact with the Site in a variety of ways, such as subscribing and/or “following” the blog or participating in forum discussions. Third party services are not limited to but may also include those of sponsors and/or advertisers and/or other social media websites. Users who utilize third party services are responsible for reviewing the terms of use and privacy policies of the third party provider(s). Pointalicious is not responsible for the interactions between Users and third parties. This includes the privacy and use of information submitted to or collected by third parties and the practices and policies of third parties and Users.
This Site contains links to other websites. Inclusion of a linked website (including advertisements) on Pointalicious does not imply approval or endorsement by Pointalicious. Pointalicious is not responsible and makes no representation regarding the content or accuracy of linked websites and the opinions expressed by these websites. Pointalicious does not investigate, review, or monitor these linked websites for accuracy, appropriateness, or completeness. If you choose to follow these links and view other websites and/or use their services, you choose to do so at your own risk.
Restrictions. In connection with your use of this Site, you may not:
a) Post or transmit viruses, worms, Trojan Horses, or any other files with destructive features.
b) Obtain and collect the personal information of other Users or “harass” or “stalk” other Users.
c) Submit or transmit any message that is libelous or defamatory, obscene, hateful, vulgar, threatening, or abusive, or that violates another person’s/party’s rights, or that would constitute a criminal offense, or that would give rise to civil liability or otherwise violate any law(s).
d) Impersonate another person or falsely misrepresent your affiliation with another person or entity.
e) Interrupt use of the Site for other Users.
Pointalicious, in its sole discretion, reserves the right to take actions it deems necessary to address cases in which, in our opinion, the Site has been used inappropriately. This may include, but is not limited to, deleting User comments, feedback, and/or information.
Posting of photographs and written material. You confirm that all written material and photos posted to this Site by you are original to you and not in violation of any copyright, trademark, or servicemark.
User Content. User Content may include but is not limited to: comments/criticisms, questions, links, articles, and photographs. We are the sole owners of User Content collected on this website. All User Content submitted becomes the property of Pointalicious. By submitting User Content to Pointalicious, you automatically and immediately grant (or warrant that the owner automatically and immediately grants) us with an unlimited, unrestricted, perpetual, royalty-free, irrevocable, non-exclusive right and license to use the Content in any way Pointalicious chooses. Use of User Content may include but is not limited to: reformatting/altering, copying, transmitting, selling, leasing, posting, broadcasting, sublicensing, archiving, and storing User Content. User Content will not be treated as confidential or proprietary unless stated otherwise in the Privacy section of these Statements.
Receiving Information from Pointalicious. You consent to receive information electronically from Pointalicious or its connected social network accounts (e.g., Facebook, Pinterest, etc.).
Assignability. You acknowledge that your use of this Site is personal and that you may not transfer or assign the terms of these Statements to any third party.
No Warranty. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
You further understand and agree that:
a) The Site and the information and services included as part of this Site are “as is” and to be used at your own risk. Pointalicious disclaims all warranties, express or implied, of any kind.
b) Pointalicious does not warrant that the Site is available free of viruses or other harmful components or that any errors in the software will be corrected. Any damage to your computer, files, and/or data is not the responsibility of Pointalicious.
c) Pointalicious does not provide any professional advice or services. Information provided by this Site, including but not limited to cooking advice/information, is for general information purposes only. Consult a licensed professional to verify the information provided.
Limitation of Liability. You expressly understand and agree that Pointalicious and its writers and editors shall not be responsible/liable for any claims, liabilities, damages, losses, costs, expenses (including, but not limited to, settlements, judgments, court costs, and attorney’s fees) fines/penalties, arising out of or relating to any actual or alleged injury, loss, or damage of any nature whatsoever in providing or failing to provide Services (use of the Site).
Indemnification. You agree to indemnify, defend, and hold harmless Pointalicious and its writers and editors from any claims or demands, including all related or unrelated costs and fees, made or incurred by any third party related to your breach of these Statements or use of this Site.
Jurisdiction/Arbitration. You and Pointalicious agree to make a good faith effort to resolve any disputes without the need for litigation. In the event of a dispute, the dispute will be governed by the laws of Arizona. These terms require you to submit to exclusive binding arbitration in connection with any claim or complaint in connection with Pointalicious or your use of this Site. Such arbitration shall be governed by the rules of the American Arbitration Association and held in the county and State of Pointalicious' choosing.
No Class Action/Trial by Jury. To the extent allowed by law, you waive any right to pursue disputes against Pointalicious or its writers or editors on a classwide basis. You also waive any right to trial by jury in any proceeding, arbitration, or lawsuit against Pointalicious.
Severability. If any provision of these Statements is found to be invalid or unenforceable, all other provisions of these Statements shall remain in force. You agree that regardless of any statute or law to the contrary, any claim or cause of action resulting out of use of this Site must be filed within one (1) year, after which time the claim or cause of action shall be forever barred.
Privacy Policy
This Site collects information that 1) does not personally identify you (for example, your response to a poll) and that 2) personally identifies you (for example, a guest blog post with personal information included). Collection of information may happen manually and/or automatically when you visit the Site. Third parties may also collect your information, such as in the case of subscribing to the blog or signing up to be a “Follower.”
We may share and use the information we collect in the following ways:
a) In aggregate, for example to determine User demographics/location
b) Post information for other Users to view, for example comments, questions, and criticisms
c) For participation in a contest or survey
d) For participation in a community forum or events calendar
Pointalicious uses Blogger as its platform. Blogger or other related third parties may collect, track, or log your information. This may include the use of log files and/or cookies. Primal Spoon has no control over or responsibility for the information that is collected by Blogger or other third parties. Users are encouraged to review Blogger’s and other third parties’ Terms of Use and Privacy Policies before using this Site.
Advertisers and content partners may use cookies or log files on this Site or on sites linked by this Site. Primal Spoon does not govern the use of these cookies or log files or have access to the information collected as a result of this practice.
Pointalicious may share non personal (aggregate) information with advertisers, sponsors, and content partners.
In the event that Pointalicious goes through any sort of business transition, such as a sale or merger, transfer of your information to the new entity may be a part of the transition.
This Site is not intended for use by minors. This Site does not knowingly collect information from minors. If you are a minor, please do not use this Site or submit any information or content to Pointalicious.
While Pointalicious makes every reasonable effort to protect your privacy, we may share your information as required in connection with a legal proceeding or as otherwise required by law.
The security of your information is important to us. Although we will utilize reasonable efforts to keep your information safe and private, we cannot guarantee absolute security.
If at any time, you wish to stop receiving communications from Pointalicious, please send an e-mail to info@pointalicious.com.
Disclosure
This Site accepts forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. We believe in honesty of relationship, opinion, and identity. The compensation received may influence the advertising content, topics, or posts made on this Site. That content, advertising space, or post will be identified as paid or sponsored content. The owner of this Site may be compensated to provide opinions on products, services, websites, and various other topics. Even though the owner of this Site may receive compensation for our posts or advertisements, we always give honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Site are purely of the owners. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
Official Giveaway Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN GIVEAWAYS. A PURCHASE WON’T IMPROVE AN INDIVIDUAL’S CHANCE OF WINNING.
Eligibility. Giveaways are open to legal US residents age 18 or older with continental US shipping addresses only (no PO boxes), unless otherwise stated.
How to Enter. Method of entry is specified for each giveaway. A limit of one entry is allowed per person. You may not enter more than once, whether or not you use a different e-mail address. Subsequent entries determined to be submitted with the same email address or from the same individual using multiple email addresses may be declared ineligible. You may, however, obtain additional entries on a particular giveaway through other channels when applicable and prompted (i.e., by performing an action such as posting to Facebook, mentioning on Twitter, or blogging about the giveaway). For giveaways that require you to “like” us on Facebook or follow us on Twitter to enter, you must still “like” us or be following us at the end of the entry period for a valid entry. Only new “likes” or follows are eligible to win per entry period. Existing “likes” or following us at the beginning of an entry period are not eligible. Valid contact information is required for entry. A valid continental US shipping address (not a PO box) is required if you win. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited and will, in Primal Spoon’s sole discretion, disqualify you from the giveaway. Unless otherwise specified, each giveaway will have 1 (one) winner. Unless otherwise specified, giveaway entry periods end in the current year.
Disclaimer. Pointalicious will not be responsible for: (a) any late or lost entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; any giveaway disruptions, injuries, losses or damages caused in connection with or related to the giveaway or by unauthorized intervention; or (c) any printing or typographical errors in any materials associated with the giveaway. Pointalicious is not responsible for any damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the giveaway.
Entry Deadline Date. All entries for giveaways through this site must be received on or before the giveaway’s specified end date.
Winner Selection. A prize number will be assigned to your entry. A winning number will be generated using Random.org on or shortly after the entry end date. If your prize number matches the winning number, and we have a valid method of contacting you, and you meet the eligibility requirements and otherwise comply with these Official Giveaway Rules, you win the prize.
Winner Notification. You will be notified within three (3) business days after the Entry Deadline Date if you win the prize.
Claiming Your Prize. Winner must respond within three (3) business days of notification or forfeit the prize, in which case an alternate winner will be selected.
Taxes. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Prize Substitution. Winner may not substitute the prize for any other prize or for cash, however, Pointalicious or the sponsoring company may substitute the prize for any other prize of equal or greater value, in its reasonable discretion, in the event the prize is not available for any reason outside of sponsor’s reasonable control.
Prizes. For all giveaways, Pointalicious disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. For certain giveaways, Pointalicious serves as an intermediary only as it pertains to the giveaway. As such, the terms and conditions of such giveaway are subject to change and can be cancelled at anytime even after a winner has been selected, notified and determined to be the winner from or by the giveaway sponsor and/or provider. As a result, Pointalicious assumes no responsibility for the actual fulfillment of any giveaway(s) and as such the winner may not actually receive any said prize(s)/giveaway(s).
Publicity. As a condition of entry into the giveaway, except where prohibited by law, each entrant and winner/winners by accepting a prize grants to Pointalicious and its affiliates, legal representatives, assigns and licensees, an unrestricted right and license to publicize, broadcast, display and/or otherwise use the giveaway entrant’s name, city, state, and biographical material (collectively, “Licensed Rights”) in any form or media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of the winner/winners.
Personal Information. Upon entering a giveaway, you are acknowledging that Pointalicious may share your personal information with the Sponsor for the purpose of selecting a winner and sending prize/prizes. The personal information collected through the Giveaway is subject to Pointalicious' Privacy Policy, located at www.pointalicious.com. By entering the giveaway, you agree to the use of your personal information, and such authorization is an express condition of entry.
Entries. All entries become the property of Pointalicious and will not be returned.
Errors and Disputes. In the event of a dispute as to the ownership of any entry, the person whose name appears on the entry form associated with the prize number for the winning entry will be deemed to be the winner. It is your responsibility to control access to your email account. In the unlikely event that the winning prize number is duplicated, or a similar error occurs, Pointalicious may conduct a random drawing among such inadvertently duplicated numbers or apply another equitable remedy in its discretion to determine the winner. Decisions made by Pointalicioius are final. By entering the giveaway, you agree to be bound by the decisions of Pointalicious and these official rules. You and your entries may be disqualified if you attempt to circumvent these official rules.
Technical Problems. The giveaway may be canceled, suspended and/or modified, in whole or in part, if in the opinion of Pointalicious if any fraud, technical failure or other factor beyond its control impairs the integrity of the giveaway.
General Release. By entering the giveaway through this website, you release Pointalicious from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the giveaway or delivery, misdelivery, or acceptance of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Compliance with Law. The conduct of the giveaway is governed by the applicable laws of the State of Arizona and the United States of America, which take precedence over any rule to the contrary herein. Void where prohibited.
