Terms and Conditions of Use Notice

Last updated: June 17, 2013

Welcome to http://gourmandia.com (the “Website”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Website. By viewing or otherwise using this Website, you agree you are 13 years of age or older and agree to the JFK IMPORT EXPORT LLC privacy policy and to the terms and conditions in this notice.

We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Website and changing the “last updated” date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you might have with JFK IMPORT EXPORT LLC. for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.

If you have any questions regarding the use of the Website, please refer to the Frequently Asked Questions section within Customer Support. All other questions or comments about the Website should be directed to support@gourmandia.com

Privacy Policy
JFK IMPORT EXPORT LLC believes strongly in protecting user privacy. JFK IMPORT EXPORT LLC has therefore adopted a Privacy Policy. Users of this Website should refer to JFK IMPORT EXPORT LLC Privacy Policy, available for viewing before providing any information.

USER REGISTRATION
(A) In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of 13, then you are not permitted to register as a user or otherwise submit personal information to Gourmandia.com.

(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address support@gourmandia.com of any breach of security or unauthorized use of your Membership.

(C) Recipes or other content saved by a member will be public and viewable by all. Private recipes including weblinks, references and custom recipes entered by the member will remain private, unless marked “shared” by the member.

(D) All members are automatically signed up to win giveaways drawn at random. Notification will appear within your member recipe box, if you have won.

Proprietary Rights

I. Content
All Website materials, including, without limitation, the Gourmandia logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of JFK IMPORT EXPORT LLC or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of JFK IMPORT EXPORT LLC, is strictly prohibited.

II. Trademarks
“Gourmandia.com,” “Gourmandia,” and other trademarks on this Website are trademarks of JFK IMPORT EXPORT LLC or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of JFK IMPORT EXPORT LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of JFK IMPORT EXPORT LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JFK IMPORT EXPORT LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

JFK IMPORT EXPORT LLC might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Third-Party Content & Services
JFK IMPORT EXPORT LLC may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. JFK IMPORT EXPORT LLC does not monitor nor does JFK IMPORT EXPORT LLC have control over any Third-Party Content. JFK IMPORT EXPORT LLC does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. JFK IMPORT EXPORT LLC does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.

Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to JFK IMPORT EXPORT LLC, either online or offline and whether or not solicited by JFK IMPORT EXPORT LLC, you hereby grant to JFK IMPORT EXPORT LLC an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at JFK IMPORT EXPORT LLC’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by JFK IMPORT EXPORT LLC to effect, perfect, and confirm the license granted to JFK IMPORT EXPORT LLC to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of JFK IMPORT EXPORT LLC and JFK IMPORT EXPORT LLC is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by JFK IMPORT EXPORT LLC, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant JFK IMPORT EXPORT LLC the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

User Conduct
This Website might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:

  1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without JFK IMPORT EXPORT LLC’ written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
  6. Harm minors in any way; or
  7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. JFK IMPORT EXPORT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JFK IMPORT EXPORT LLC DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. JFK IMPORT EXPORT LLC DOES NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

JFK IMPORT EXPORT LLC reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by JFK IMPORT EXPORT LLC.

Limitation of Liability
IN NO EVENT SHALL JFK IMPORT EXPORT LLC OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF JFK IMPORT EXPORT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

Indemnification
You agree to defend, indemnify and hold harmless JFK IMPORT EXPORT LLC, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.

Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Province and federal courts residing in Ontario, Canada, 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 this Notice.

Termination
JFK IMPORT EXPORT LLC reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL TERMS

Supporting Member Subscription Services

Subscription Services
Some features of our services provided through the Website require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers (such as free premiums with purchase, or product discounts, etc) associated with our products (“special premiums”). Shipment of such special premiums may take 6-12 weeks for delivery. JFK IMPORT EXPORT LLC reserves the right to charge shipping fees associated with these special premiums/products. Any and all promotions and/or offers, including those for special premiums may be discontinued at anytime, without prior notice at our discretion and are only available while supplies last or for the duration noted.

Canceling Subscription Services
You may terminate Subscription Services at any time by contacting our Customer Support at support@gourmandia.com. If you have a dispute with us relating to the Website or the Subscription Services, you may cancel the Subscription Services. The cancellation of Subscription Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. Any such termination or cancellation is subject to the no-refund policy described below. Please remember that if we determine, in our sole discretion, that you are not complying with any terms of conditions in this Notice, the Privacy Policy, or other terms and conditions on our Website, we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your subscription service related features and content.

Payment
Prices for all Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Website. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to JFK IMPORT EXPORT LLC for any reason, JFK IMPORT EXPORT LLC reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.

CONFIDENTIALITY. All information supplied by you to Gourmandia.com during the completion of the registration and subscription forms is subject to the Privacy Policy.

LIMITATION ON LIABILITY. Gourmandia.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Gourmandia.com on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant's or any other person’s computer related to or resulting from downloading any materials consistent with this Trial or subsequent use of gourmandia.com. If, for any reason, the Trial offer is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Gourmandia.com which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of this Trial offer, gourmandia.com, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any Trials. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUBSCRIPTION OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GOURMANDIA.COM WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

Renewal Program

Gourmandia.com will notify prior to automatically renewing your subscription on the anniversary of your purchase to ensure that there is no interruption of your Supporting Member privileges. Gourmandia.com will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. Please contact the Gourmandia.com Customer Support Department at support@gourmandia.com to cancel your automatic renewal, cancel your subscription, or change your payment method.

Gift Subscriptions

In the event multiple subscription gifts are given to the same user, the subscriptions will be added together to assume one expiration date. For example, if you were to receive a one-year subscription from two different people, you will now have two years of subscription services. There is a 10-year limit on the number of memberships that can be added together.

Reasonable attempts will be made to notify the gift recipient by email of their gift subscription. Subscriptions not claimed within one-year of purchase will expire, without a refund.

Gift subscription services can be cancelled at anytime. Please see ‘Canceling Subscription Services’. Refund is applied to the card of original purchaser.

 
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