terms of use

LAST UPDATED: February 19, 2019
 

This website from which you are accessing these Terms of Use (“Site”), and includes all social media platforms, is created and maintained by Sirivath Corporation referred to below as “Ninja Foods,” “we,” and “us”).

In these Terms and Conditions, 'affiliated entities' means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of Sirivath Corporation.

 

 

Please read the below terms and conditions (“Terms of Use”) carefully.  Your use of the Site is subject to these Terms of Use.

1.   Acceptance of Terms.  By accessing or using the Site, you agree to these Terms of Use and to any additional rules that we may post on the Site. 

We may make changes to these Terms of Use (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site.  You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” legend above.  Your access to or use of the Site following changes to these Terms of Use will constitute your acceptance of those changes. 

 

2.  Intended use of the Site.  The Site, its features and its Content (as defined below) are for personal and non-commercial use only.  You may not use or otherwise exploit the Site and/or any Content in connection with any business or commercial undertaking (whether or not for profit).  Your use of the Site and/or Content must at all times comply with all applicable laws, rules and regulations.

We welcome visitors to this Site of all ages.

 

3.  Content you share with us.  We may include features on the Site that allow you to share your Content with us and other users of the Site.  Please note that by sharing Content through the Site, your Content may become publicly accessible.  You grant to Ninja Foods and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Ninja Foods and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.  The foregoing licenses shall survive any termination of your use of the Site, as further described below.  For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware.  You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.  Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses.  If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.   

 

4.  Content we make available on the Site.  Ninja Foods may make available via the Site content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site.  Such Content is subject to copyright, trademark or other intellectual property rights and laws.  Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval. 

 

In addition, you acknowledge that the Site itself is protected by copyright law.  You further acknowledge that Ninja Foods owns the trademarks “Ninja Foods”, and all associated Ninja Foods trade names, service marks and logos.  All other trademarks used on the Site are the property of their respective owners.  Ninja Foods trademarks and Ninja Foods logos may only be used in conjunction with goods produced by Ninja Foods or with the express prior approval of Ninja Foods.  For the avoidance of doubt, the Sirivath Corporation corporate logo may only be used by Ninja Foods.

Sometimes, we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content.  We will expressly state to which Content such permitted uses apply and what the specific terms of use are for that Content.  Those specific terms of use may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content.  Prior to accessing such Content on the Site, you may be asked to affirmatively agree with the specific terms of use applicable to the Content.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

5.  Rules of Conduct.  In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us.  Ninja Foods will fully cooperate with any law enforcement authorities and/or court order requesting or directing Ninja Foods to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and Ninja Foods reserves the right to moderate (including removing) any such information or materials at any time from this Site.  While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site. 

  

a.     You are prohibited from posting or transmitting, through or in connection with the Site:

  • Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or   infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is            intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

  • Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity,                     or       any other form of solicitation; and

  • Any material non-public information about a company without the proper authorization to do so. 

   b.    In addition, you will not:

  •  Use the Site for any fraudulent or unlawful purpose;

  •  Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or                                        rights of  publicity, or harvest or collect personally identifiable information about other users of the Site;

  • Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with                            any person or entity; or express or imply that we endorse any statement or posting you make;

  •  Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies                          or regulations of such networks;

  •  Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);

  • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;

  •  Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

  •  Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;

  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;

  • Frame or mirror any part of the Site without our express prior written consent;

  • Create a database by systematically downloading and storing all or any Site content; or

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or                          circumvent the navigational structure or presentation of the Site, without our express prior written consent.

6.  Contact.  This Site is operated by

               Sirivath Corporation
               2257 Old Wire Rd Suite 8

               Springdale, AR 72764
               USA

7.  Information or Complaint.  If you have a question or complaint regarding the Site or these Terms of Use, please send an email to .  You may also contact us by writing to Sirivath Corporation, 2257 Old Wire Rd Suite 8, Springdale, AR 72764, USA.  Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. 

8.  Governing Law.  Terms of Use shall be governed by and construed in accordance with the laws of the State of Arkansas, USA, without regard to its choice of law provisions.  You agree to the exclusive jurisdiction by the federal and state courts located in Washington County, Arkansas, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

You may print, download or otherwise retain a copy of these Terms of Use (and of any revised version) for your records.

© 2019 Sirivath Corporation.  All rights reserved.

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©2015-2019 by Ninja Foods is a Registered Trademark of Sirivath Corporation Springdale Arkansas USA