string(16) "terms-conditions" Terms & Conditions of Use | Parmesan.com

Last Updated: April 20, 2012

Welcome to Parmesan.com (the “Website”), an interactive online service operated by Consorzio del Formaggio Parmigiano–Reggiano and its affiliates (the “Consortium”, “us”, “we”, or “our”). Please read these Terms of Use carefully before using the Website.

1. Introduction

These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on this Website in relation to a specific service or feature (collectively “Terms of Use”) and the Privacy Policy, set forth the terms and conditions that apply to your use of Parmesan.com. By viewing or otherwise using this Website, you agree you are 13 or older and agree to the conditions in these Terms of Use. If you do not agree to be bound by the terms and conditions contained herein, do not use this Website.

We reserve the right in our sole discretion to change, modify, add, or delete portions of these Terms of Use at any time. We will provide notice of such changes only by posting the updated Terms of Use on our Website and changing the “last updated” date listed above. These Terms of Use apply exclusively to your access to, interaction with, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you might have with us for products, services, or otherwise. By accessing this Website, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, including any and all modifications, changes, and/or revisions, do not use this Website. We encourage you to review our Terms of Use each time you visit this Website to see if they have been updated since your last visit.

These Terms of Use, together with the Privacy Policy posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

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 Info@Parmesan.com.

2. User Access & 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: (i) Upload, post, email, 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; (ii) 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; (iii) Upload, email, 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; (iv) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (v) Without our 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; (vi) Harm minors in any way; or (vii) Upload, post, email, 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.

3. User 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 to this Website, either online or offline and whether or not solicited by this Website (“Submissions”), you hereby grant to us 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 Submissions 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), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such Submissions on commercial websites, 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 Submissions, and (b) your Submissions do not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect, and confirm the license granted to us for your Submissions as set forth herein.

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

4. Website Content & External Websites

We reserve the right to change any and all content contained on this Website 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 us.

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 these Terms of Use or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of these Terms of Use by you.

5. Indemnification

You agree to defend, indemnify and hold harmless the Consortium, 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 this 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.

6. Disclaimers

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. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that any content on this Website is accurate, complete, reliable, current, or error-free. We do 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.

7. Limitation On Liability

In no event shall we, or any of our 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 we have 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.

8. Termination

We reserve the right, without notice and in our 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.

9. Intellectual Property

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Consorzio del Formaggio Parmigiano-Reggiano and its affiliates own all rights to their logos and trademarks used in connection with this Website, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Consortium and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other logos and trademarks appearing on this Website are the property of their respective owners.

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

10. Miscellaneous

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter herein, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for our benefit, any of our affiliates and any third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Tennessee, 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 state and federal courts residing in Knox County, Tennessee, 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 these Terms of Use. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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