Acceptance of Terms
Use Restrictions and Indemnification
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the CUCINA & AMORE Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the CUCINA & AMORE Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (ix) your website username and password are for your use only and are not to be shared with others; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold CUCINA & AMORE, and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. CUCINA & AMORE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CUCINA & AMORE.
The material provided on this Site is protected by law, including but not limited to, United States Copyright Law and international treaties.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CUCINA & AMORE's proprietary rights in them.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CUCINA & AMORE, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR CUCINA & AMORE'S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF CUCINA & AMORE OR A CUCINA & AMORE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Non Personal Data; Hold Harmless; Our Transmissions
CUCINA & AMORE may allow visitors to the Site to post reviews, comments, and other content to the Site. Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by CUCINA & AMORE or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing products. CUCINA & AMORE has no obligation with respect to such material, information or ideas, and you agree to hold CUCINA & AMORE and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives or CUCINA & AMORE's suppliers harmless for any use of same by any entity or person.
CUCINA & AMORE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the CUCINA & AMORE Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. CUCINA & AMORE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the CUCINA & AMORE Web Site.
CUCINA & AMORE does not and cannot review, and has no obligation to monitor, all materials posted to CUCINA & AMORE's Web Site by users, and CUCINA & AMORE is not responsible for any such materials posted by users.
CUCINA & AMORE reserves the right at all times: to disclose any information as necessary to satisfy any law, regulation, court order, or government request; or to edit, refuse to post or to remove any information or materials, in whole or in part, that in CUCINA & AMORE's sole discretion are objectionable or in violation of this Agreement.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Cucina & Amore Website, you agree to defend, indemnify, and hold harmless Cucina & Amore and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Cucina & Amore Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Privacy; Waiver of Infringement and Other Claims
Your communications with and through CUCINA & AMORE's Site of Personal Data (defined in the CUCINA & AMORE Privacy Practices) will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, CUCINA & AMORE will attempt to preserve the confidentiality of such communications. However, you agree that CUCINA & AMORE has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. CUCINA & AMORE has no obligation to monitor the CUCINA & AMORE Site. However, CUCINA & AMORE reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
Unless otherwise expressly stated herein or in CUCINA & AMORE's Privacy Practices, by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the CUCINA & AMORE Web Site, you hereby grant to CUCINA & AMORE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.
You acknowledge that transmissions to and from this CUCINA & AMORE Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to CUCINA & AMORE, no confidential, fiduciary, and contractually implied or other relationship is created between you and CUCINA & AMORE other than pursuant to this Agreement.
You hereby waive all rights to any claim against CUCINA & AMORE for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Notwithstanding the foregoing, all personal data provided to CUCINA & AMORE's site will be handled in accordance with the CUCINA & AMORE Site's Privacy Practices.
Our Links; Limit of Liability
This Site may provide links to other web sites or resources. These links are provided by CUCINA & AMORE only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by CUCINA & AMORE of the site or any of the information or content therein. Because these linked sites and resources are not under the control of CUCINA & AMORE, you acknowledge and agree that CUCINA & AMORE is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is the user's responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Term of Use Revisions
Disclaimer of Warranties
THE CUCINA & AMORE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CUCINA & AMORE WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CUCINA & AMORE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE CUCINA & AMORE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE CUCINA & AMORE WEB SITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE CUCINA & AMORE WEB SITE OR ANY LINKED SITE. FURTHER, CUCINA & AMORE AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUCINA & AMORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CUCINA & AMORE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CUCINA & AMORE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUCINA & AMORE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE CUCINA & AMORE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
CUCINA & AMORE shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of CUCINA & AMORE that are due to causes beyond the reasonable control of CUCINA & AMORE, including those caused by attacks from unauthorized users who access CUCINA & AMORE's technological infrastructure.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Cucina & Amore Website, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and CUCINA & AMORE with respect to the CUCINA & AMORE Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the CUCINA & AMORE Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.