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The information on
The Sweet Potato Queens® website
is protected by copyright and other intellectual
property rights. Copyright © 1999 - 2013 The
Sweet Potato Queens’ Website, LLC., Jill Conner
Browne, and/or SPQ, Inc. All rights reserved.
Welcome to THE SWEET POTATO QUEENS® website
(“Site”). Any person or entity that
wishes to access the Site or to use the services
provided on the Site (collectively, the “Services”)
must accept the terms and conditions of this User
Agreement (“Agreement”), without change.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY
BEFORE USING THE SITE OR SERVICES. BY REGISTERING
FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND
BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND
ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
If you do not agree to be bound by the terms and
conditions of this Agreement, do not use or access
our Site or Services.
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. (hereinafter "THE SWEET POTATO QUEENS" or "SPQ")
reserves the right to change any of the terms and
conditions contained in this Agreement or any policies
or guidelines governing the Site or Services, at
any time and in its sole discretion. Any changes
will be effective upon posting of the revisions
on the Site. You are responsible for reviewing the
notice and any applicable changes. Changes to referenced
policies and guidelines may be posted without notice
to you. You can review the most current version
of this Agreement at any time at http://sweetpotatoqueens.com/legal.php
YOUR CONTINUED USE OF THIS SITE OR THE SERVICES
FOLLOWING THE SWEET POTATO QUEENS' POSTING OF ANY
CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH
CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO
ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO
USE THE SERVICES OR THIS SITE.
Eligibility. Use of the Site and the Services
is limited to parties that lawfully can enter into
and form contracts under applicable law. Without
limiting the generality of the foregoing, minors
may not use the Services. Every person who uses
the Services hereby represents to THE SWEET POTATO
QUEENS, Jill Conner Browne, and/or SPQ, Inc. that
he or she is not a minor, is at least over the age
of eighteen (18) and may otherwise enter into and
form binding contracts under applicable law. To
register http://sweetpotatoqueens.com/chapters/,
for access to certain portions of the Site or Services,
you must provide your real name, address, phone
number and e-Mail address, along with other information
that may be required from time to time. If you are
registering as a business entity, you represent
that you have the authority to bind the entity to
this Agreement.
Fees and Services. Accessing information and certain
Services on the Site is free. We may change our
fees and credits policy and the fees for our Services
from time to time. Unless otherwise stated, all
fees are quoted in U.S. Dollars. You are responsible
for paying all fees associated with using our Service
and the Site and all applicable taxes.
Venue. THE SWEET POTATO QUEENS, Jill Conner Browne,
and/or SPQ, Inc. have no control over the quality,
safety or legality of the items advertised, the
truth or accuracy of the listings, the ability of
sellers to sell items or the ability of buyers to
pay for items. We cannot ensure that a buyer or
seller will actually complete a transaction. We
do not transfer legal ownership of items from the
seller to the buyer, and nothing in this agreement
shall modify the governing provisions of Uniform
Com. Code § 2-401(2), under which legal ownership
of an item is transferred upon physical delivery
of the item to the buyer by the seller.
Because we are a venue, in the event that you
have a dispute with one or more users, you release
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
If you are a California resident, you waive California
Civil Code §1542, which says: "A general
release does not extend to claims which the creditor
does not know or suspect to exist in his favor at
the time of executing the release, which if known
by him must have materially affected his settlement
with the debtor."
Third Party Information. We do not control the information
provided by other users that is made available through
our system. You may find other users' information
to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe
commercial practices when using the Site. Please
note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally,
there may also be risks dealing with international
trade and foreign nationals. By using this Site,
you agree to accept such risks. THE SWEET POTATO
QUEENS, Jill Conner Browne, and/or SPQ, Inc. is
not responsible for the acts or omissions of users
or third parties on the Site and in no event shall
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. be liable for any special, incidental,
indirect or consequential damages of any kind, or
any damages whatsoever, including, without limitation,
those resulting from loss of use, data or profits,
whether or not advised of the possibility of damage,
and on any theory of liability, arising out of or
in connection with the use or performance of the
information.
Reservation of Rights. THE SWEET POTATO QUEENS
retains the right, but does not have the obligation,
to immediately remove any listing or posting, prevent
or restrict access to the Site or the Services or
take any other action in case of technical problems,
objectionable material, inaccurate listings on any
exchange or forum, inappropriately categorized items,
exchange or forum inaccuracies, product inaccuracies,
unlawful items, items, procedures, or actions otherwise
prohibited by the procedures and guidelines contained
on the Site, or for any other reason in the sole
and absolute discretion of THE SWEET POTATO QUEENS
and to correct any inaccurate listing, forum posting,
product inaccuracies, inappropriately categorized
items or technical problems on the Site.
Compliance with Laws; Fraud. The Site and Services
only may be used for lawful purposes and in a lawful
manner. You agree to comply with all applicable
laws, statutes and regulations regarding use of
the Site and Services, including in regard to posting
on any Site exchange or forum. You may not register
under a false name. You may not post on any Site
exchange or forum under a false name, send an e-Mail
inquiry to another Site user under a false name,
impersonate any participant, or use another participant's
password(s). Such fraudulent conduct is a violation
of federal and state laws. Fraudulent conduct may
be reported to law enforcement, and THE SWEET POTATO
QUEENS will cooperate to ensure that violators are
prosecuted to the fullest extent of the law.
Breach. Without limiting other remedies, THE SWEET
POTATO QUEENS may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your
membership and refuse to provide access to or through
our Site or our Services to you: (a) if you breach
this Agreement or the documents it incorporates
by reference; (b) if THE SWEET POTATO QUEENS suspect
that you (by conviction, settlement, insurance or
investigation, or otherwise) have engaged or are
engaged in fraudulent activity in connection with
the Site; or (c) if THE SWEET POTATO QUEENS believes
that your actions may cause legal liability for
you, other THE SWEET POTATO QUEENS users or THE
SWEET POTATO QUEENS.
Privacy, Monitoring and Disclosure. THE SWEET
POTATO QUEENS is committed to protecting your privacy.
Click here for our general Privacy Policy, which
is incorporated by reference into, and made part
of, this Agreement. THE SWEET POTATO QUEENS may
change the Privacy Policy in the future. You should
check the Privacy Policy frequently for changes.
Except as authorized herein and unless otherwise
authorized or consented, you agree not to use any
information regarding other participants which is
accessible from the Site or disclosed to you by
THE SWEET POTATO QUEENS except to enter into and
complete transactions. You agree not to use any
such information for purposes of solicitation, advertising,
unsolicited e-Mail or spamming, harassment, invasion
of privacy, illegal activity, otherwise objectionable
conduct or otherwise inconsistent with our privacy
policy.
Investigation. As permitted by applicable law
and consistent with our privacy policy, THE SWEET
POTATO QUEENS has the right, but not the obligation,
to monitor any activity and content associated with
this Site. THE SWEET POTATO QUEENS may investigate
any reported violation of its policies or complaints
and take any action that it deems appropriate. Such
action may include, but is not limited to, issuing
warnings, suspension or termination of service,
denying access and/or removal of any materials on
the Site, including exchange listings. THE SWEET
POTATO QUEENS reserves the right and has absolute
discretion, to remove, screen or edit any content
that violates these provisions or is otherwise objectionable
in THE SWEET POTATO QUEENS’ sole discretion.
Disclosure of Information. As permitted by applicable
law, THE SWEET POTATO QUEENS also reserves the right
to report any activity that it suspects violates
any law or regulation to appropriate law enforcement
officials, regulators, or other third parties. In
order to cooperate with information requests, to
protect THE SWEET POTATO QUEENS' systems and users,
to allow users to resolve disputes, or to ensure
the integrity and operation of THE SWEET POTATO
QUEENS' business and systems or other purposes deemed
reasonable by THE SWEET POTATO QUEENS, THE SWEET
POTATO QUEENS may access and disclose any information
it considers necessary or appropriate, including,
without limitation, user contact details, IP addressing
and traffic information, usage history and posted
content.
No Warranties. THE SITE AND THE
SERVICES AND INFORMATION ARE PROVIDED ON AN "AS
IS" BASIS. USERS’ USE
OF AND RELIANCE THEREON ARE AT USERS’ OWN
AND SOLE RISK. THE SWEET POTATO QUEENS MAKES NO
OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE
WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR
SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT
WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
OF THE SWEET POTATO QUEENS.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, THE SWEET POTATO QUEENS DISCLAIMS ANY AND ALL
SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, WHICH YOU OBTAIN FROM THE SWEET
POTATO QUEENS OR THROUGH THE USE OF SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
THE SWEET POTATO QUEENS ASSUMES NO RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION,
RECOMMENDATIONS, DESCRIPTIONS, SAFETY NOTATIONS
OR OTHER DOCUMENTS WHICH ARE CONTAINED IN, REFERENCED
BY OR LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION,
THAT SUCH INFORMATION IS ALL INCLUSIVE, OR COVERS
ANY OR ALL APPLICATIONS OR CONTINGENCIES WITH RESPECT
TO ITS USE.
General Release. BECAUSE THE SWEET POTATO QUEENS
IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS
AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR
MORE PARTICIPANTS, EACH OF YOU RELEASE THE SWEET
POTATO QUEENS (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES,
OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." YOU, BEING AWARE OF SAID
CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS
YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER
STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN
ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND
THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT
HAVE BEEN ENTERED INTO BY THE SWEET POTATO QUEENS.
Limitation of Liability. THE SWEET POTATO QUEENS
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE
SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES
OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES OR SITE WHETHER
SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD THE SWEET POTATO QUEENS AND OUR SUBSIDIARIES,
PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS,
AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES
(INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING
FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS
AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED
BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL
FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS;
AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY
COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND
INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION
WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Governing Law and Jurisdiction. This Site (excluding
linked sites) is controlled by THE SWEET POTATO
QUEENS from its offices within the State of Mississippi,
United States of America. By accessing this Site,
you and THE SWEET POTATO QUEENS agree that all matters
relating to your access to, or use of, this Site
shall be governed by the statutes and laws of the
State of Mississippi, without regard to the conflicts
of law principles thereof. THE SWEET POTATO QUEENS
makes no representation that materials on the Site
are appropriate or available for use in other locations,
and accessing them from territories where their
contents are illegal is prohibited. Those who choose
to access the Site from other locations do so of
their own initiative and are responsible for compliance
with local laws.
Arbitration. YOU AGREE THAT ANY CONTROVERSY OR
CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION
IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH
CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL
BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION
WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
THE ARBITRATION SHALL BE CONDUCTED IN JACKSON, MISSISSIPPI,
AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED
INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER
YOU OR THE SWEET POTATO QUEENS MAY SEEK ANY INTERIM
OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT
JURISDICTION IN JACKSON, MISSISSIPPI, IF NECESSARY
TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR THE
SWEET POTATO QUEENS PENDING THE COMPLETION OF ARBITRATION
AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT
AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH
COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THESE TERMS AND CONDITIONS.
Licenses. THE SWEET POTATO QUEENS grants a limited
license to each participant to make personal use
only of the Site and the Services in accordance
with this Agreement. This license expressly excludes,
without limitation, any reproduction, duplication,
sale, resale or other commercial use of the Site
and/or the Services (other than in accordance with
this Agreement), making any derivative of the Site
or the Services, the collection and use of participant
e-Mail addresses or other participant information,
listings, or any data extraction or data mining
whatsoever.
Termination. THE SWEET POTATO QUEENS, in its sole
discretion, may terminate or modify this Agreement,
access to the Site or the Services, or any current
transaction immediately without notice for any reason.
Entire Agreement. This Agreement and the general
terms, conditions set forth on the Site constitute
the entire agreement of the parties with respect
to the subject matter hereof and supersedes and
cancels all prior and contemporaneous agreements,
claims, representations and understandings of the
parties in connection with the subject matter hereof.
No Agency; Third-Party Beneficiary. THE SWEET
POTATO QUEENS is not the agent, fiduciary, trustee
or other representative of you. Nothing expressed
or mentioned in or implied from this Agreement is
intended or shall be construed to give to any person
other than the parties hereto any legal or equitable
right, remedy or claim under or in respect to this
Agreement. This Agreement and all of the representations,
warranties, covenants, conditions and provisions
hereof are intended to be and are for the sole and
exclusive benefit of THE SWEET POTATO QUEENS and
you.
Severability. If any provision of this Agreement
shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall
not affect the validity and enforceability of any
remaining provisions.
No Waiver. THE SWEET POTATO QUEENS' failure to
enforce the strict performance of any provision
of this Agreement will not constitute a waiver of
THE SWEET POTATO QUEENS' right to subsequently enforce
such provision or any other provisions of this Agreement.
Errors. This Site could include technical or other
inaccuracies or typographical errors. Changes are
periodically added to the information herein; these
changes will be incorporated in new editions of
the Site. THE SWEET POTATO QUEENS may make improvements
and/or changes in the Services described in the
Site at any time.
The Site can be accessed from other countries
around the world and may contain references to THE
SWEET POTATO QUEENS Services that have not been
announced in your country. These references do not
imply that THE SWEET POTATO QUEENS intends to announce
such Services in your country.
Except as specifically permitted herein, no portion
of the information on the Site may be reproduced
in any form or by any means without the prior written
permission from THE SWEET POTATO QUEENS.
Use of Site Information. Except as otherwise indicated
elsewhere on this Site, you may view, copy, print,
and distribute information available on this Site
subject to the following conditions:
1. The information may be used solely for personal,
informational, non-commercial purposes; 2.The information
may not be modified or altered in any way; 3. Any
copy of the information or portion thereof must
include the copyright notice above and this permission
notice; and 4. THE SWEET POTATO QUEENS reserves
the right to revoke such authorization at any time,
and any such use shall be discontinued immediately
upon written notice from THE SWEET POTATO QUEENS.
Information specified above does not include the
design or layout of the Site. Elements of the Site
are protected by trade dress and other laws and
may not be copied or imitated in whole or in part.
Feedback; Suggestions and
Ideas. Please note that,
with the exception of credit card numbers, THE SWEET
POTATO QUEENS does not want to receive confidential
or proprietary information from you through the
Site or e-Mails to THE SWEET POTATO QUEENS, Jill
Conner Browne, and/or SPQ, Inc. THE SWEET POTATO
QUEENS welcomes you to transmit to this website
any non-confidential comments or feedback you may
have concerning its products. You should not, however,
transmit to this website, Jill Conner Browne, and/or
SPQ, Inc. any matter (including, for example, product
ideas, advertising or marketing concepts) that you
do not consider being free for the taking. Please
understand that this website is a public website
and that any ideas or suggestions transmitted to
it and/or though it will be deemed to be non-confidential
and in the public domain and therefore free for
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. to disclose, publish, transmit, broadcast,
post, exploit and use for any purpose (including,
for example, the development, marketing and manufacturing
of products or improvements) without acknowledging
or compensating you. THE SWEET POTATO QUEENS, JILL
CONNER BROWNE, AND/OR SPQ, INC. DOES NOT ACCEPT
ANY UNSOLICITED PRODUCT IDEAS, ADVERTISING OR MARKETING
CONCEPTS.
Any non-personal information or material sent
to THE SWEET POTATO QUEENS, Jill Conner Browne and/or
SPQ, Inc. will be deemed NOT to be confidential.
By sending THE SWEET POTATO QUEENS, Jill Conner
Browne and/or SPQ, Inc. any non-personal information
or material, you grant THE SWEET POTATO QUEENS,
Jill Conner Browne and/or SPQ, Inc. an unrestricted,
irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials
or information, and you also agree that THE SWEET
POTATO QUEENS, Jill Conner Browne and/or SPQ, Inc.
is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose.
Links to Third-Party Web
Sites. THE SWEET POTATO
QUEENS website contains links to third-party websites,
which are not under the control of THE SWEET POTATO
QUEENS. THE SWEET POTATO QUEENS makes no representations
whatsoever about any other web site to which you
may have access through THE SWEET POTATO QUEENS
website. When you access a non-THE SWEET POTATO
QUEENS website, you do so at your own risk and THE
SWEET POTATO QUEENS is not responsible for the accuracy
or reliability of any information, data, opinions,
advice, or statements made on these sites. THE SWEET
POTATO QUEENS provides these links merely as a convenience
and the inclusion of such links does not imply that
THE SWEET POTATO QUEENS endorses or accepts any
responsibility for the content or uses of such web
sites.
Trademark Information. The trademarks, logos and
service marks ("Marks") displayed on this
Site are the property of THE SWEET POTATO QUEENS,
Jill Conner Browne, SPQ, Inc., or other third parties.
You are not permitted to use the Marks without the
prior written consent of the SPQ, Inc.’s Intellectual
Property Manager or such third party, which may
own the Marks. "THE SWEET POTATO QUEENS" is
a registered trademark of SPQ, Inc. and/or Jill
Conner Browne.
SUBMISSION OF IDEAS AND SUGGESTIONS
As noted in the Terms and Conditions of Use of Site,
anything you transmit to Site (e.g., feedback, data,
product ideas, marketing or advertising ideas, comments,
suggestions, concepts, know-how, techniques and
the like) is non-confidential and non-proprietary,
and THE SWEET POTATO QUEENS, Jill Conner Browne,
and/or SPQ, Inc. shall be free to disclose, transmit,
publish, broadcast, post, exploit and/or otherwise
use for any purpose (including but not limited to,
for example, the development, marketing and manufacturing
of any products or improvements) any such information
without any obligation to acknowledge or compensate
you.
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. does, however, have a specific procedure
for receiving and processing outside suggestions
and ideas. Such materials should not be sent to
THE SWEET POTATO QUEENS, Jill Conner Browne, or
SPQ, Inc. DO NOT TRANSMIT SUGGESTIONS OR IDEAS TO
THIS WEBSITE OR OTHERWISE OVER THE INTERNET. Any
such correspondence by e-Mail will be deleted without
a reply. Instead you should contact SPQ’s
Intellectual Property Manager by regular mail, addressed
as follows:
Bad Dog Management
161 Pembroke Circle,
Madison, MS 39110
Attention: Kyle Jennings (SPQ™ Idea Submission)
SPQ, Inc.’s Intellectual Property Manager
and/or counsel may negotiate with you a written
agreement outlining the terms upon which THE SWEET
POTATO QUEENS, Jill Conner Browne, and/or SPQ, Inc.
is willing to receive and consider your idea or
suggestion. Only after such a written agreement
is in place will your idea or suggestion be disclosed
to THE SWEET POTATO QUEENS, Jill Conner Browne,
and/or SPQ, Inc. Any samples received under this
Submissions Procedure will be deemed a gift and
will not be returned. Disclosure of your idea or
suggestion does NOT imply any promise or guarantee
of acknowledging or compensating terms to you and
does not create any expressed or implied agency
or employee/employer relationship between you and
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. ANY MATERIALS THAT YOU SEND TO THE SWEET
POTATO QUEENS, JILL CONNER BROWNE, SPQ, Inc. AND/OR
SPQ, Inc.’s INTELLECTUAL PROPERTY MANAGER
OTHER THAN BY THIS PROCEDURE WILL BE DEEMED NON-CONFIDENTIAL
AND THE SWEET POTATO QUEENS, JILL CONNER BROWNE,
SPQ, Inc. AND/OR SPQ, Inc.’s INTELLECTUAL
PROPERTY MANAGER WILL DEEM ITSELF FREE TO USE THEM
WITHOUT ACKNOWLEDGING OR COMPENSATING TERMS TO YOU.
INTELLECTUAL PROPERTY
It is the policy of THE SWEET POTATO QUEENS, Jill
Conner Browne, SPQ, Inc. and/or SPQ, Inc.’s
Intellectual Property Manager to enforce vigorously
its patent, trademark, copyright, and other intellectual
property rights in/to its products or property.
This benefits consumers by (1) protecting them against
deception by the makers of cheap, shoddy imitations
of genuine SPQ products and (2) helping to preserve
the value of genuine SPQ products as souvenirs and
collectibles. THE SWEET POTATO QUEENS, Jill Conner
Browne, SPQ, Inc. and/or SPQ, Inc.’s Intellectual
Property Manager vigorous intellectual property
protection program also benefits its distributors
and retailers by protecting and building brand identity.
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc.’s intellectual property rights are
of several kinds:
• Patents
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. is constantly improving its products,
and it is these parties’ policy to seek and
obtain patent protection in the United States and
internationally for such products and improvements.
For current information as to which features of
which products are covered by United States patents,
see the patent markings on our current product packaging.
For information on non-U.S. patents, contact SPQ,
Inc.’s Intellectual Property Manager by regular
mail at the above address.
• Trademark Rights in Wordmarks and Logos
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. asserts trademark rights in all logos,
slogans and wordmarks used in the sale, advertising
packaging and promotion of its products. A non-exhaustive
list of the wordmarks in which THE SWEET POTATO
QUEENS, Jill Conner Browne, and/or SPQ, Inc. has
obtained or is seeking United States and/or foreign
trademark registration includes, but is not limited
to the following: SWEET POTATO QUEENS; SWEET POTATO
QUEEN; SPQ, WANNABE; WANNABE WANNABE; PANTY REMOVER;
ReVIRGINATOR.
• Trademark Rights and Product Shape and Appearance Features
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. assert trademark rights in the shapes,
styles and overall appearances of its costumes.
The distinctive shape, style and overall appearance
of the Sweet Potato Queens’ costume is a trademark
in the United States and applications to register
it in other countries are in process
•
Copyright
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. product literature, including packaging
and package-insert literature, advertising materials
and the contents of this website, is protected under
the United States copyright laws and under various
international laws and treaties.
• Trade Dress
THE SWEET POTATO QUEENS, Jill Conner Browne, and/or
SPQ, Inc. distinctive packaging scheme, its official
stationery, and the logos, color schemes and other
appearance features of this website, constitute
protected trade dress of THE SWEET POTATO QUEENS,
Jill Conner Browne, and/or SPQ, Inc.
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SWEET POTATO QUEENS® FORUM TERMS OF USE
Before you enter the forums on this website, please read these Terms of Use ("Terms") carefully. By participating in any Internet or other electronic blog, message board, bulletin board or forum ("Forum"), you are agreeing to the Terms set forth below.
Please remember that any information you disclose in a Forum becomes public and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any identifying, personal or other sensitive information in/on a Forum. Any such disclosures are at your own risk.
Although we may monitor or review posted messages from time to time, we do not actively monitor the contents of the Forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her postings, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted to the Forums as we deem appropriate.
You acknowledge that the content of all postings expresses the particular views of the author and NOT of the Sweet Potato Queens® Forum, SPQ, Inc., Jill Conner Browne, or other affiliates, or any other entity, directors, heirs or assigns, administrators, employee, person, representative or agent thereof (collectively, "SPQ"). You also acknowledge that your use of or reliance on the information posted by other users in/on any Forum is at your own risk.
Your access to Forums is subject to your compliance with the following rules of conduct and Terms applicable to all Forums on this and related websites. By entering a Forum, you specifically agree to comply with each of the following:
- You will not post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material or otherwise control the copyright in and to such material.
- You will not use any Forum to post or transmit any message or other material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
- You will not use any Forum to post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane, threatening to other subscribers in the Forums, or is otherwise in violation of any applicable law, rule or regulation. Do not libel or defame others.
- You will not use any Forum for commercial purposes, including, without limitation, posting advertisements or solicitations.
- You will not post or transmit any software or computer files that contain a virus, worm or other disruptive or harmful component.
- You will not share your logon password and user name. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same user name and password.
- You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don't violate our copyrights and trademarks. Stealing intellectual property is no less offensive...or illegal than stealing personal property.
- You will do no advertising, trading of goods or services, or other commercial activity, whether or not for profit.
- No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the Forums.
- You will not impersonate anyone on the Forums.
- You will treat other subscribers with courtesy and respect when posting messages to the discussion groups. Name-calling or abuse toward any subscriber is not allowed.
- You agree to indemnify, defend and hold SPQ harmless from and against any and all claims, losses, liability, costs and expenses (including attorneys' fees) incurred by SPQ in connection with or arising out of your participation in any of the Forums on this website and any material posted by you or under your direction thereto.
- You acknowledge that by participating in any Forum on this website, you are granting SPQ the non-exclusive, complete, unrestricted right, throughout the world and universe in perpetuity, to copy, sub-license, reproduce, adapt, edit, translate, transmit, distribute, perform, display or otherwise use in any media now know or developed in the future, the content thereof in whole or in part, at no cost whatsoever to SPQ, any and all material you post to any such Forum, including, without limitation, all intellectual property rights embodied therein. When you post content in the Forums, you permit SPQ to display and distribute the content, and to use it for advertising and promotion.
Without limiting any of SPQ's rights or remedies, whether at law or equity, a violation of any of the above rules of conduct may result in removal of a user's postings, revocation of registration and/or banning a registrant's current and future e-mail addresses, which would prohibit the user from having any access to any or all of the Forums.
Copyright and Trademark Law:
All editorial content, photographs, and graphics on this site are protected by U.S. Copyright and/or Trademark Laws and international treaties and may not be copied or re-used without the express written permission of SPQ, which expressly reserves all rights.
Limitation of Liability:
SPQ PROVIDES THE INFORMATION, SERVICES, AND PRODUCTS ON THIS WEBSITE AND FORUMS "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT SPQ SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SPQ WEBSITE OR FORUMS AND THAT YOUR USE OF SPQ WEBSITE AND/OR FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE SPQ WEBSITE AND/OR FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. SPQ DOES NOT WARRANT THAT THE USE OR PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL SPQ, ITS OFFICERS, DIRECTORS, HEIRS AND ASSIGNS, administrators, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE, FORUM OR SERVER OR FROM ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THIS WEBSITE FROUM OR SERVER, EVEN IF SPQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
User Submissions: Any material, information or other communication you transmit or post to any Forum will be considered non-confidential and non-proprietary ("Communications"). SPQ will have no obligations with respect to the Communications. SPQ and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this website or any Forum any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links To Other Web Sites: Links to third party Web Sites on/in this website and/or Forum are provided solely as a convenience to you. If you use these links, you will leave this website and/or Forum. SPQ has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, SPQ does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this website and/or Forum, you do this entirely at your own risk.
SPQ will cooperate fully with law enforcement officials and comply with any court order with respect to any claim or investigation arising from your participation in any Forums and any material posted by you, including, without limitation, furnishing such material and information regarding your identity and any other information we may have about you. SPQ expressly reserves the right to reveal your identity (or any other related information collected on or though this service) in the event of a formal complaint or legal action arising from any situation caused by or resulting from your use of any Forum.
You assume total responsibility and risk for your use of and participation in any Forum on this website. SPQ shall not be responsible or liable under any circumstances for any direct, indirect, incidental, special, consequential or other damages arising out of or in any way related to any Forum on this website.
Please note that with each post, the IP address of the computer you are using is recorded. In the event that you are banned from any Forum, your ISP (Internet Service Provider) may be contacted.
Also note that the software utilized herein places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache, which is used by this software to keep you logged in/out. The software utilized herein does not collect or send any other form of information to your computer.
If you are dissatisfied with this website, including any forum therein, your sole remedy is to cease use of the website or forum, as applicable.
SPQ does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available, are free of viruses or other harmful components. SPQ does not warrant or make any representation regarding the correctness, accuracy, timeliness, reliability or any other aspect of the use of any of the materials.
Applicable Laws: This website and Forum is administered by SPQ's contracted developer from its offices in Flowood, Mississippi. SPQ makes no representation that materials at this website or Forums are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this website or Forum or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this website or Forum from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any principles of conflicts of laws.
General: SPQ may change, modify or supplement these Terms of use at any time. Accordingly, we encourage you to check this page from time to time, as you will be bound by any such revisions. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Effective Date: 17 November 2009
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