terms of use

PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEB SITE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Divine Breadcrumb (“we,” “us” or “our”), concerning your access to and use of the https://thedivinebreadcrumb website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The content located at the Site is provided by us as a service to our users and may be used for informational purposes only. By visiting this Site, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the Site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.

Site Content and Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Divine Breadcrumb grants you a limited, nonexclusive, nontransferable, non-sublicensable, right and license to access and use the Site and its Content for purposes of general browsing, participating in user forums and user submissions, and/or conducting business with The Divine Breadcrumb. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (1) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Content for any purposes or in any manner other than as intended and expressly authorized in writing by The Divine Breadcrumb; (2) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Content on the Site; or (3) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or its Content. You may not reproduce any Content on your personal website, blog, social network, or any other online resource without The Divine Breadcrumb’s express written permission or as allowed by any license terms entered into with The Divine Breadcrumb. The Divine Breadcrumb may terminate this license at any time if you are in breach of the Terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials or Content, and upon request, you will certify this to The Divine Breadcrumb in writing.

Proper Use

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. You understand, acknowledge and agree that The Divine Breadcrumb cannot and shall not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any Content on this Site.

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure. Doing so may result in termination of your account.

User Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: (1) You are the creator and owner or have the necessary licenses, rights, consents, releases and permissions to authorize us and other users of the Site to use your Contributions; (2) your contributions are not false, inaccurate or misleading; (3) your Contributions do not violate the privacy or publicity rights of any third party; (4) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Additionally The Divine Breadcrumb will not publish any content that as determined by us:

Any use of the Site in violation of the these Terms of Use may result in, among other things, termination or suspension of your rights to use the Site.

Please review our Submission Guidelines for additional information.

Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

Site Management

The Divine Breadcrumb reserves the right, but not the obligation, to monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to message boards, chat rooms, or other user forums, and the content of any such communications. The Divine Breadcrumb, however, will have no liability related to the content or use of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Divine Breadcrumb , in its sole discretion and without any prior notice or liability to any user, reserves the right to shut down any user forum or to disable the functionality for users to transmit or post communications or to communicate with each other, and/or to remove any materials or user-generated communication that The Divine Breadcrumb deems to be offensive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party right or law.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://thedivinebreadcrumb.com/legal/privacy.cfm. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Copyright Infringement

The Divine Breadcrumb respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our us at legal@thedivinebreadcrumb.com.

To be effective, the notice should include:

Availability and Security

The Divine Breadcrumb makes no warranty or claim that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the Content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any Content from this Site.

Electronic Communications

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Applicable Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Some Content found on the pages of this Site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of The Divine Breadcrumb. The Divine Breadcrumb accepts no responsibility for any loss or harm incurred from the use of this Site or any of its Content.

The information on this Site is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this Site without first consulting with a qualified professional. The materials are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between The Divine Breadcrumb and you. The owners, editors, contributors, administrators, and other staff of The Divine Breadcrumb are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.

By using this Site, you hereby forfeit any and all claims, past, present, and future, relating to your use of this Site and its Content, against the owners, officers, directors, agents, contractors, editors, contributors, administrators, and other staff of The Divine Breadcrumb.

Limited Liability and Indemnification

The Divine Breadcrumb and its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any Content, information, function, or service this Site or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).

You agree to indemnify, defend and hold harmless The Divine Breadcrumb , its contractors, licensors, directors, officers, owners, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.

Though The Divine Breadcrumb makes a reasonable effort to maintain the resources of this Site, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. The Divine Breadcrumb makes no commitment to update the materials or ideas contained within this Site or its attached documents. As noted above, by using this Site you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other Content on this Site or any of its Content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this Site or its parent company in any way.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

These Terms and other policies posted on this Site constitute the entire agreement between you and The Divine Breadcrumb in connection with your use of this Site and its Content, and supersedes any prior agreements between you and The Divine Breadcrumb regarding use of this Site, including prior versions of these Terms.

If you have any questions or concerns about these Terms or the Site please contact us at legal@thedivinebreadcrumb.com

These Terms and Conditions were last updated on November 11, 2018