Terms of Service
The owner of this website, Mizkan America, Inc. or affiliate (referred to either as “Website Owner” or “we” or “us” or “our”), provides the content, information and materials contained on this website or any of the pages comprising the Website (“Website”) to users or visitors (referred to either as “you” or “your” hereinafter) solely for your convenience. We hope that you will enjoy your visit to this Website and will find its content to be informative and helpful.
PRECONDITIONS TO USE
OWNERSHIP OF WEBSITE MATERIALS
All right, title and interest in and to the content of this Website, including text, images, graphics, audio and video material, proprietary information, the selection, sequence and “look and feel” and arrangement of items, and all copyrightable or otherwise legally protectable elements of the Website (“Website Materials”), is the property of Website Owner, its successors and assigns or its licensors. The trademarks, names, brand names, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered or unregistered trademarks of the Website Owner, its successors and assigns or its licensors. Nothing contained on this Website should be construed as granting any license or right to use any Trademark or Website Materials without the prior written permission of the Website Owner.
The Website Owner may, from time to time, include on this Website one or more links to external websites which have no connection with this Website or the Website Owner. A link to a Linked Site is provided solely for your convenience. The inclusion of any Linked Site does not imply a referral by Website Owner to, or an approval, sponsorship or endorsement by Website Owner of, the Linked Site, its content or any products or services which may be offered at that Linked Site. Linked Sites are beyond the control of the Website Owner, and the Website Owner is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. The Website Owner shall not be liable for any damage that might result from your use of the information or products or services at a Linked Site. Use or reliance on any Linked Site and the content thereat is at your own risk. When visiting Linked Sites, you must refer to that Linked Site’s terms and conditions of use. No hypertext links to this Website shall be created from any website controlled by you or otherwise without the express prior written permission of the Website Owner. Please contact us at CucinaModerna.email@example.com if you would like to link to this Website or would like to request a link to your website.
INFORMATION ON THE WEBSITE
From time to time the Website Owner updates the content, information, promotions, commentary, notes, data or other materials on the Website (“Information”), including Information which may be provided on this Website by any third person or data or content provider authorized by the Website Owner (“Third Person Provider”). However, neither the Website Owner nor any Third Person Provider make any representations or warranties as to the sequence, accuracy, completeness, currency or reliability of the Information and shall not be bound in any manner by any Information contained on the Website. The Information is offered for general informational purposes only. No Information shall be construed as advice or recommendation. You (and your company if any) rely on the Information contained on this Website at your own risk. The Website Owner reserves the right at any time without prior notice to change or discontinue any Information on this Website. If you find an error or omission at this site, we would appreciate your letting us know.
THIS WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Website Owner makes no warranties, representations, statements or guarantees (whether express or implied in law, including implied warranties of merchantability or fitness for a particular purpose, title and non-infringement) regarding the Website, the Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, the Website Owner makes no warranty that (i) the operation of the Website will meet the your requirements; (ii) access to the Website will be uninterrupted or timely or free of defects or errors, (iii) access to the Website will be secure, free of malicious code, including viruses, worms, time bombs, cancelbots, malware, spyware, Trojan horses or other potentially harmful software programs, materials or information (collectively “Malware”), (iv) the results that you may obtain from your use of the Website will be accurate or reliable; or (v) defects or errors on the Website will be corrected. You (and not Website Owner) assume the entire cost of all servicing, repair, or correction that may be necessary to your computer equipment and software as a result of any Malware, errors or any other problems whatsoever you may have as a result of using this Website.
PUBLIC FORUMS AND USER SUBMISSIONS
PERMISSIBLE USE OF THE WEBSITE
The Website is to be used solely for your personal and non-commercial use and for no other purposes. The following are strictly prohibited:
- the use of any Trademark or Website Materials on any other website or computer network without Website Owner’s prior written consent; and
- the alteration, deletion or concealment of any copyright or other notices contained on the Website, including notices on any material you download, transmit, display, print or reproduce from the Website; and
- the reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcasting or circulation to any third person (including on or via a third person website) or other use of any Website Materials without the express prior written consent of Website Owner or its owner if Website Owner is not the owner.
PROHIBITED USE OF THE WEBSITE
The Website Owner grants no permission to use, and you shall not use, the Website or any Public Forum to do any of the following (“Prohibited Use”):
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third persons; or
- publish, post, distribute or disseminate any information, comments, statements or other material that is defamatory, obscene, vulgar, pornographic, indecent, threatening, inflammatory, sexually explicit or sexually suggestive, offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive to any person because of race, religion, national origin, ethnicity, gender or sexual orientation; or
- impersonate or appear to impersonate any other person; or
- post or upload files that contain Malware, corrupted files or any other similar software or programs that may damage the operation of the Website Owner’s or a third person’s computer system or network; or
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else or discourage any person from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website; or
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” ; or
- transmit, distribute or upload programs or material that contain Malware; or
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; or
- violate any copyright, trademark, other applicable laws or regulations or international treaties or intellectual property rights of the Website Owner or any third person; or
- submit content containing business, commercial, advertising, marketing or promotional material or information which is intended to solicit business or offer goods or services, whether through linking with any other website or web pages or otherwise; or
- modify, disrupt, impair, alter or interfere with the use, features, functions, appearance, “look and feel”, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with that person’s or your use of the Website, unless you have obtained the express, prior permission of such other person to do so; or
- constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or
The Website Owner reserves the right to remove any material or information constituting a Prohibited Use submitted or posted by you in the Public Forum or elsewhere on the Website without notice to you, if the Website Owner becomes aware and determines, in its sole and absolute discretion that you have posted such prohibited materials or are likely to do so.
INDEMNITY FOR PROHIBITED USE OF THE WEBSITE
You hereby agree to indemnify the Website Owner against any and all losses (whether direct, indirect or consequential), liabilities, obligations, damages, personal injuries, judgments, payments in settlement, awards, interest, penalties, fines, costs, expenses and expert witness and attorneys’ fees (collectively “Losses”) which the Website Owner or any third person incurs in connection with any claim, demand, complaint, cause of action, action, suit, arbitration, judgment, settlement, grievance, proceeding, ruling, order, charge or investigation of any kind or nature (collectively “Claim”) which is directly or indirectly caused by or attributable to any Prohibited Use of the Website by you. You should be aware that it is the general policy of the Website Owner to cooperate with law enforcement authorities, court orders or other legal process requesting or directing Website Owner to disclose the identity of anyone making a Prohibited Use of the Website and also to disclose such identity proactively if the Website Owner has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Website Owner, its employees, its vendors, its customers or the public.
DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any Losses or Claims incurred you or any third person (including your company if any) which is directly or indirectly caused by or attributable to your access and use of the Website or the content, Website Materials or Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, neither the Website Owner nor any Third Person Provider shall be liable in any way to you or to any other person (including your company if any) for any Loss or Claim arising from any inaccuracy, error or omission, interruption, termination, defect, failure of performance, delay in operation or transmission, line failure or Malware on the Website, or for any actions taken in reliance thereon or occasioned thereby. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations or exclusions may not apply to you. However, in no event shall Website Owner’s total liability to you for any Loss or in connection with any Claim exceed the amount paid by you, if any, for accessing this site.
ALTERATION OF TERMS
COOKIES AND ACCESS LOG
The technologies used on the Website to collect usage information, including device identifiers, include cookies (namely, data files placed on a computer, tablet or other electronic device used to visit the Website (“Device”)). We may place cookies or similar files on your Device for security purposes when you visit this Website. Also, we keep access logs of people accessing our site. None of these will contain information that identifies individuals. Access log is used for statistical analysis and nothing else.
We offer our products and services in multiple formats, including through various applications such as CalReply, which allows you to schedule a meal reminder using a calendar feature on your mobile phone. You acknowledge that you are responsible for all charges and necessary permissions related to accessing CalReply through your mobile and your Internet service provider. If you chose to use CalReply, we may communicate with you through automated systems such as a text messaging system and by using the contact information associated with your account, including your device ID and mobile number. We may also send you text messages/SMS and push notifications relating to your account or your use of CalReply. We will not send you messages without first receiving your prior express consent.
HOW TO CONTACT US
MISCELLANEOUS LEGAL TERMS