2. Scope of License
The website is intended solely for users who are 13 years of age or older. If you are under the age of 13, you are not permitted to use the website. You acknowledge that all information (including, without limitation, text, layout, design elements, trademarks, recipes, images, product information, promotional information, and interactive software) published or otherwise made available on this website (collectively, the “Information”) is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws, and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. You acknowledge that Ovatio, its affiliates, or licensors are the sole and exclusive owners of all right, title, and interest in the website and the Information. The Information is provided by Ovatio as an accommodation to its customers, and may be used by you only to promote your purchase of Ovatio’ products or services (the “Purpose”). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the website and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this website, that your use of this website is subject to such risks and exposures, and that Ovatio will have no liability on account of any of the foregoing, and that this website should be used as a guideline only. Ovatio reserves the right to change, suspend, remove, or disable access to the website or any feature thereof, at any time without notice. In no event will Ovatio be liable for any removal of or disabling of access to any portion of the website.
3. User-Provided Content
You acknowledge that Information accessed through secure areas of the website (i.e. areas requiring a user name and password) is confidential and proprietary to Ovatio (“Confidential Information”), and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Confidential Information to any third party without Ovatio’s prior written consent, or permit any third party to examine and/or make copies of any of the Confidential Information; (ii) not to use or copy the Information for any purpose except the Purpose; and (iii) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect the Confidential Information. Confidential Information shall not include any information that is or becomes generally available to the public.
You acknowledge and agree that the Confidential Information is proprietary to and is the sole and exclusive property of Ovatio and that you have no right, title or interest therein. You acknowledge and agree that the Confidential Information is a trade secret and is not readily accessible to competitors of Ovatio and that such Confidential Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Confidential Information: (i) provides Ovatio with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Ovatio has taken and is taking all reasonable precautions to protect the secrecy of the Confidential Information and Ovatio’s legitimate interest in the Confidential Information; (iii) would be difficult for competitors of Ovatio or others to duplicate; and (iv) may be used by Ovatio in any manner it determines in order to aid in the marketing, sales and distribution of its products.
5. Acceptable Use
All Information relating to descriptions, and characterizations of products and services contained on this Site (“Product Data”) are provided solely for purposes of identifying the products or services in question and for illustrative purposes and do not constitute a warranty that our products will conform to such Product Data, and Ovatio hereby waives any and all liability in connection therewith.
7. Trademarks & Copyrights
Any trademarks, logos, slogans, product designations, service marks, and trade dress (collectively “Marks”) displayed on this Site are the property of Ovatio or other third parties. You are not permitted to use these Marks without the prior written consent of Ovatio or such third party that may own any such Mark. This Site may contain information and disclosures of products which may be the subject of intellectual property protection owned by Ovatio. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any Marks.
(All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of Ovatio, Inc. which reserves all rights. Re-use of any of www.Ovatio.com editorial content and graphics online for any purpose is strictly prohibited. The materials from Ovatio, Inc.'s site is available for informational uses offline only, provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by Ovatio, Inc. The HTML and code used to generate the www.Ovatio.com. website and associated files are covered by the same copyright.
9. Third Party Sites
This Site may contain links to third party websites (“Third Party Sites”) or offer content from Third Party Sites. Ovatio makes no representations about any Third Party Sites or the content thereof which you may access through this Site. You acknowledge that Ovatio has not reviewed these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site, or content thereof, is at your own risk and Ovatio shall have no liability therefor. Ovatio is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. Ovatio shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site, content from any Third Party Site, or your use thereof, and same are hereby waived. Ovatio provides these links and content merely as a convenience and the inclusion of thereof does not imply an endorsement, sponsorship or recommendation by Ovatio of anything contained on Third Party Sites, or its products or services. Ovatio reserves the right to terminate any Third Party Site link or content at any time.
Moreover, a Third Party Site may provide a link to this Site (“Links”). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Ovatio. In most cases, Ovatio is not aware that a third party has linked to this Site. You acknowledge and agree that Ovatio shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
Ovatio cannot guarantee that any of the Third Party Sites, content thereof, or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Ovatio does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites, content thereof, and the Links, and same are hereby waived. Accordingly, Ovatio hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
To access certain Information on this Site, you may need to download such Information onto your own computer. You acknowledge and agree that your right to download Information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in section 6, Ovatio is not responsible for the completeness, accuracy and reliability of Technical Data downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such Information.
11. Termination of Access
12. User Submissions
By submitting any questions, comments, suggestions, feedback, reviews, resumes, employment opportunities, images, videos, or other information or content (“Submissions”) to Ovatio, either online of offline, and whether or not solicited by Ovatio, you hereby grant to Ovatio, its parent, affiliates, subsidiaries, assigns, agents, and licensees, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submissions and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation or attribution of any kind to you or any third party.
Publication or use of any Submissions is at the sole discretion of Ovatio and Ovatio is under no obligation to publish or use any Submission. If your Submission is published, used and/or posted on the Site or otherwise used by Ovatio, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant Ovatio the right to use your name in connection with the publication, use or posting of your Submission.
13. Contact Ovatio
a. This Site is administered by Ovatio from its offices in Moorestown, New Jersey. Ovatio makes no representation that Information in this Site is appropriate or available for use outside the United States. Access to this Site is prohibited in any territories where the content of this Site is illegal.