Last revised August 11, 2007

Welcome to penelopepies.com (“Penelope Pies Online” or “PPO”). The following User Agreement (“Agreement”) governs the use of Penelope Pies Online. If you cannot accept this Agreement, please do not use PPO. This Agreement may be revised from time to time; the date of the most recent revision will appear at the top of this page. Your continued use of Penelope Pies Online will constitute your acceptance of this Agreement, as it may be revised from time to time.

1. Your Use of Penelope Pies Online

2. 1. PPO is intended for your personal, noncommercial use only.
   2. PPO contains material (including without limitation text, artwork, design, graphics, logos, advertising, and the “look and feel” of the website) that is protected by state, national and international copyright, trademark and other intellectual property laws. All such intellectual property rights are the sole and exclusive property of PPO or its grantors. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material, including code and software, from PPO. You may, however, download a copy of such material for your personal, non-commercial use, provided you do not remove any copyright, trademark or other proprietary notices.
   3. PPO is not intended for people under the age of 13, and PPO does not knowingly collect personally identifiable information from users under the age of 13. Persons under the age of 13 are prohibited from submitting any personally identifiable information to PPO.

3. Use of Material Submitted by You

   1. You agree that by submitting material to Penelope Pies Online, you grant to Penelope Pies a royalty-free, perpetual non-exclusive, unrestricted worldwide license to use and to authorize others to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display or sublicense any such material (including your identity and other information you have provided to us) in any medium now known or hereafter devised, for any purpose, including commercial purposes.
   2. You warrant and represent that any material provided by you to PPO does not violate any copyright, trademark, trade secret or any other personal or proprietary right of any third party.

4. Comments by Others Are Not Endorsed by Penelope Pies

   1. PPO does not necessarily endorse, verify or agree with the comments, opinions or recipes provided by users of PPO. Any such material, including advice and opinions, are the views and responsibility of those who submit them. You agree that PPO and its third party service providers shall have no liability to you with respect to any such material.

5. Linked Sites

   1. PPO is not responsible for the content of any site that is linked to Penelope Pies Online. Any links from PPO to any other site is for your convenience only.

6. Disclaimer of Warranty and Limitation of Liability

   1. You acknowledge that you are using PPO at your own risk. PPO does not warrant that the site will be uninterrupted or error-free, that defects will be corrected, or that PPO or the server that makes it available are free of viruses or other harmful components. The service is provided “as is” and PPO hereby disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, and/or fitness for a particular purpose.
   2. PPO shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained which arise out of this Agreement, the provision of services hereunder, including from viruses alleged to have been obtained from the service, your access to or inability to access this service, your use of or reliance on the service or any of the information available on the service.
   3. You hereby agree to release PPO and each of its respective directors, officers, employees and agents 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 your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “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 this release, which if known by him must have materially affected his settlement with the debtor.”

7. Jurisdiction

   1. You agree that this Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.