Terms of Use – The home chef's resource for international cooking

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GLOBAL FOODS ONLINE

TERMS OF USE

Effective Date: January 10, 2011

Welcome to the Global Foods Online website. We, Global Foods Online (“Global Foods Online” “we” or “us” or “our”), provide services to you through this website and associated and successor websites and services (collectively referred to in these Terms of Use as the “Global Foods Online Site”) subject to the following conditions. If you visit or shop at the Global Foods Online Site, you accept these Terms of Use. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Global Foods Online Site, to understand our practices. Our Privacy Policy is a part of and incorporated into these Terms of Use, so if you visit or shop at the Global Foods Online Site, you also accept our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you visit the Global Foods Online Site or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Global Foods Online Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the Global Foods Online Site, including without limitation all text, graphics, logos, button icons, and images, is the property of Global Foods Online or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Global Foods Online Site is the exclusive property of Global Foods Online and protected by U.S. and international copyright laws. All software used on the Global Foods Online Site is the property of Global Foods Online or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Global Foods Online, Global Foods Online and other Global Foods Online graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Global Foods Online in the U.S. and/or other countries. Global Foods Online’s trademarks and trade dress may not be used in connection with any product or service that is not Global Foods Online’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Global Foods Online. All other trademarks not owned by Global Foods Online that appear on the Global Foods Online Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Global Foods Online.

LICENSE AND SITE ACCESS

Global Foods Online grants you a limited license to access and make personal use of the Global Foods Online Site and to copy and print recipes contained on the Global Foods Online site for your own personal use. You may not download (other than page caching) or modify the Global Foods Online site, or any portion of it, except with the express prior written consent of Global Foods Online. This license does not include any resale or commercial use of the Global Foods Online Site or its contents; any derivative use of the Global Foods Online Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of the Global Foods Online Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Global Foods Online. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Global Foods Online without express written consent. You may not use any meta tags or any other “hidden text” utilizing Global Foods Online’s name or trademarks without the express written consent of Global Foods Online. Any unauthorized use terminates the permission or license granted by Global Foods Online. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Global Foods Online Site so long as the link does not portray Global Foods Online or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Global Foods Online logo or other proprietary graphic or trademark as part of the link without our express written permission.

YOUR ACCOUNT

If you use the Global Foods Online Site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

The Global Foods Online Site may include features that allow visitors to post reviews, comments, photos, or other content; send communications; or submit suggestions, ideas, comments, questions, or other information. You may post or submit such content or material so long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Global Foods Online reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Global Foods Online a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and material throughout the world in any media. You grant Global Foods Online and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Global Foods Online for all claims resulting from content you supply. Global Foods Online has the right but not the obligation to monitor and edit or remove any activity or content. Global Foods Online takes no responsibility and assumes no liability for any content posted by you or any third party.

CONDITIONS OF SALE AND ORDER ACCEPTANCE

To purchase any items on the Global Foods Online Site, you must be at least eighteen (18) years of age or the applicable state age of majority. We do not sell products to children, but we sell them to adults, who can purchase with a credit card. If you are under 18 or the applicable state age of majority, you may use the Global Foods Online Site only with involvement of a parent or guardian. Prior to the purchase of any items on the Global Foods Online Site, you must provide us with payment in one of the forms specified on the Global Foods Online Site. You are responsible for paying any governmental taxes imposed on your purchases including, but not limited to, sales, use or value-added taxes. Global Foods Online will automatically charge and withhold the applicable sales tax for orders to be delivered to localities that it deems is required.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right to cancel some or all of your order for any reason, including without limitation due to inventory limitations. We will refund to you the amounts that you have paid for cancelled items.

All sales are final unless products are defective, damaged, or expired. If a product is defective, damaged, or expired, your sole remedy is to receive a refund for any such product returned to Global Foods Online in unused condition.

RISK OF LOSS

All items purchased from Global Foods Online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS AND PRICING

Global Foods Online attempts to be as accurate as possible. However, Global Foods Online does not warrant that product descriptions or other content of the Global Foods Online Site is accurate, complete, reliable, current, or error-free. If a product offered by Global Foods Online itself is not as described, your sole remedy is to receive a refund for any such product returned to Global Foods Online in unused condition.

Despite our best efforts, items may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We reserve the right, at any time, to change our prices and billing methods for items or services sold, effective immediately upon posting on the Global Foods Online Site or by e-mail delivery to you.

OTHER BUSINESSES

Parties other than Global Foods Online may operate stores, provide services, or sell product lines on the Global Foods Online Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Global Foods Online does not assume any responsibility or liability for the actions, product, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE GLOBAL FOODS ONLINE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOBAL FOODS ONLINE SITE ARE PROVIDED BY GLOBAL FOODS ONLINE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GLOBAL FOODS ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GLOBAL FOODS ONLINE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOBAL FOODS ONLINE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GLOBAL FOODS ONLINE SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, GLOBAL FOODS ONLINE DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY OF THE PRODUCTS OFFERED ON OR PURCHASED FROM THE GLOBAL FOODS ONLINE SITE. ANY DEFECTS IN ANY SUCH PRODUCTS ARE THE RESPONSIBILITY OF THE MANUFACTURER. GLOBAL FOODS ONLINE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUCH PRODUCTS EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY PROVIDED IN THESE TERMS OF USE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GLOBAL FOODS ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL FOODS ONLINE DOES NOT WARRANT THAT THE GLOBAL FOODS ONLINE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOBAL FOODS ONLINE SITE; THEIR SERVERS; OR E-MAIL SENT FROM GLOBAL FOODS ONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLOBAL FOODS ONLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GLOBAL FOODS ONLINE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GLOBAL FOODS ONLINE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify and hold Global Foods Online, its parents, subsidiaries, affiliates and their respective owners, partners members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Global Foods Online’s reasonable attorneys’ fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Use, (2) your unauthorized or unlawful use of the Global Foods Online Site, or (3) the unauthorized or unlawful use of the Global Foods Online Site by any other person using your user names, passwords, or other identification.

APPLICABLE LAW

By visiting the Global Foods Online Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Global Foods Online.

DISPUTES

Any dispute relating in any way to your visit to the Global Foods Online Site or to products or services sold or distributed by Global Foods Online or through the Global Foods Online Site will be adjudicated in any state or federal court in Santa Clara, California, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to the Global Foods Online Site and these Terms of Use, including our Privacy Policy) at any time. If any of these conditions will be deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Global Foods Online respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Global Foods Online’s copyright agent the written information specified below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Global Foods Online’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Phone: 408.857.6625

Email: copyright@globalfoodsonline.com

Post:
Attn: Copyright Agent
Global Foods Online
10863 Leavesley Place
Cupertino, CA 95014

BY USING THE GLOBAL FOODS ONLINE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE GLOBAL FOODS ONLINE SITE. YOUR CONTINUED USE OF THE GLOBAL FOODS ONLINE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN THAT YOU ACCEPT THOSE CHANGES.