Introduction.
Welcome to the villacocina.com website (the “Website”). The purpose of the Website is to provide you with access to a comprehensive network of recipes, products, services and related links to meet your needs (the “Content”). This Terms of Use Agreement (this “Agreement”) constitutes the Website terms of use (the “Terms”) and you should carefully review the Agreement before continuing on with your use of the Website. The Terms shall govern your use of the Website and apply to all Internet traffic visiting the Website.
By registering and/or accessing or using the Website, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THE WEBSITE.
Villa Cocina, a DeKalb County Georgia corporation and its subsidiaries and affiliates (collectively, “Villa Cocina”) hereby reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. By using the Website after we have posted notice of such modifications, alterations or updates you agree to be bound by the revised Terms. The Website will permit you to link to other Websites that may or may not be affiliated with the Website and/or Villa Cocina, and that may have terms of use that differ from, or contain terms in addition to, the Terms. Your access to such Websites through links provided on the Website is governed by the terms of use and policies of those websites, not the Terms.
Privacy. Registration data and certain other information about you shall be subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found at http://www.villacocina.com/privacy-policy. The Privacy Policy is subject to change and the most recently published Privacy Policy shall apply.
Trademarks, Copyrights, and Restrictions. The Website is controlled and operated by Villa Cocina, which can be reached at P.O. Box 309, Tucker, Georgia 30085. You acknowledge and agree that all Content on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are validly owned and controlled by Villa Cocina, or by third party content providers, affiliates, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to Villa Cocina.
Content on the Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, modifying, copying, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing the Content within another website, use on any other website, transferring or selling any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; obtaining or attempting to obtain any materials or information through any means not made readily accessible by the Website, is expressly prohibited without the prior written permission of Villa Cocina and the Providers. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, provided the printouts retain all copyright, trademark and proprietary notices, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Villa Cocina and the Providers. Without the prior written consent of Villa Cocina or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of at Villa Cocina and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited to the fullest extent permitted by law. As a condition to your use of the Website, you represent and warrant to Villa Cocina that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Website immediately terminates without the necessity of any notice. Villa Cocina retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on the Website without prior written consent of Villa Cocina. The Villa Cocina name and logo is a service mark of Villa Cocina. Other proprietary marks may be designated as such from time to time on the Website. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any Villa Cocina registered service marks or other proprietary marks of Villa Cocina.
Security. For certain types of communications through the Website, Villa Cocina requires the use of encryption technologies provided for your protection and/or use by you of a User ID and Password. You are responsible to protect your User ID and Password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies, if applicable. While Villa Cocina provides these technologies and uses other reasonable precautions to protect confidential information and provide suitable security, Villa Cocina does not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Additional Information. All information, other than personal information subject to the Villa Cocina Privacy Policy, submitted to Villa Cocina through the Website or any related website is the property of Villa Cocina. Villa Cocina shall be free to use any ideas, concepts, know-how or techniques that you may submit to us through the Website to improve our services. Villa Cocina shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in our Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Prohibited Activities. You are specifically prohibited from any use of the Website, and you agree not to use or permit others to use the Website under your account, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Website; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy pages of the Website, or the Content without Villa Cocina prior written permission, provided that generally available third party web browsers including but not limited to Internet Explorer, Chrome or Firefox may be used without such permission.
Links. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. You hereby acknowledge that the content of any Linked Sites is not under Villa Cocinas’ control, and you agree that Villa Cocina is not responsible for, and does not endorse, such content, whether or not Villa Cocina is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to the website or provide any links that state or imply any sponsorship or endorsement of your website by Villa Cocina, or the Providers.
Disclaimer of Warranties and Liability. ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Villa Cocina DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Villa Cocina, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Villa Cocina DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, PROPERTY AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT Villa Cocina) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER SYSTEM OR MOBILE DEVICE. YOU EXPRESSLY AGREE THAT NEITHER VILLA COCINA, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VILLA COCINA AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SPYWARE, HACKING, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VILLA COCINA IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, VILLA COCINA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. To the greatest extent permitted by law, you agree to indemnify, defend, and hold harmless Villa Cocina and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
Third Party Rights. These Terms are for the benefit of Villa Cocina and its Providers, its and their officers, directors, members, managers, subsidiaries, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. You expressly authorize the Providers and their duly authorized representatives and participants to access the Website for the purpose of monitoring compliance with such Provider’s rules and display of such participant’s content on the Website.
Jurisdictional Issues. Unless otherwise specified, the Content contained in the Website is presented solely for your convenience and/or information. The Website is controlled and operated by Villa Cocina from its offices within DeKalb County, Georgia. Villa Cocina makes no representation that Content in its Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in the Website in violation of U.S. export laws and regulations. The Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Villa Cocina brings to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the state or Federal courts located in and for DeKalb County, Georgia and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns. A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire agreement between Villa Cocina, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the most recent published Terms or terms of use or understanding shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY AT VILLA COCINA.