Terms
Welcome to this Web site, which is owned and operated by Cherry Pixel Productions and/or Cherry Pixel Productions’ subsidiary, affiliate or related company (throughout these Terms of Use “Cherry Pixel Productions” refers collectively to Cherry Pixel Productions and its subsidiaries, affiliates and related companies) (the “Site”). Cherry Pixel Productions maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Cherry Pixel Productions reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
The ideas, methods, and suggestions contained in this website are not intended to replace the advice of a nutritionist, doctor, or other trained health professional. You should consult your Pediatrician before adopting the methods of this or any other diet related website. Any additions to, or changes in diet, are at the reader’s discretion.
Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cherry Pixel Productions without the express written consent of Cherry Pixel Productions. You may not use any meta tags or any other “hidden text” utilizing Cherry Pixel Productions name or trademarks without the express written consent of Cherry Pixel Productions. You may not use any Cherry Pixel Productions logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Cherry Pixel Productions.
Any statements contained within the Site concerning Cherry Pixel Productions future prospects are “forwarding looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site. Important factors that could cause actual results to differ materially include but are not limited to factors discussed in Cherry Pixel Productions’ SEC filings.
Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Cherry Pixel Productions a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
Products and Services Offered By Cherry Pixel Productions on the Site
Cherry Pixel Productions offers products and services on the Site. When you enroll to obtain a product or service from Cherry Pixel Productions on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Cherry Pixel Productions does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free.
Copyright Information
The Site and the content within the Site are the property of Cherry Pixel Productions or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Cherry Pixel Productions Cherry Pixel Productions reserves all rights in the Site and its content not specifically granted in any agreements with Cherry Pixel Productions or in the Terms of Use.
Copyright Complaints
Cherry Pixel Productions respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Trademark Information
Cherry Pixel Productions, and other marks indicated on our site are registered trademarks of Cherry Pixel Productions in the United States and/or other countries. Other Cherry Pixel Productions marks, graphics, logos, page headers, button icons, scripts noted on the Site are Cherry Pixel Productions’ service marks, trademarks and trade dress and are the sole and exclusive property of Cherry Pixel Productions Cherry Pixel Productions’ service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Cherry Pixel Productions and in connection with any service or product that is not sponsored, endorsed or produced by Cherry Pixel Productions. All other trademarks not owned by Cherry Pixel Productions or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cherry Pixel Productions or its subsidiaries.
Third Party Web Sites and Information
The Site may provide hyperlinks to third party Web sites or access to third party content. Cherry Pixel Productions does not control, endorse, or guarantee content found in such sites. You agree that Cherry Pixel Productions is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Cherry Pixel Productions shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Cherry Pixel Productions, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Cherry Pixel Productions AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY Cherry Pixel Productions ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. Cherry Pixel Productions DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND Cherry Pixel Productions, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Cherry Pixel Productions, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless Cherry Pixel Productions, employees, attorneys and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.
Applicable Laws
All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific Web site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Web site you are viewing is hosted.
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.