TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY
ACCEPTANCE OF TERMS
This website is operated by Caribbean Food Delights, Inc. Your use of this website and any official social media pages controlled by us (the “Site“) is subject to the terms and conditions set out below (“Terms of Use“). By accessing and using the Site you are agreeing to be bound by these Terms of Use. By using the Site, you agree that you are of legal age to enter into these Terms of Use, and if you are not, you have obtained parental or guardian consent to enter into these Terms of Use. You should not access or use the Site unless you have read and agreed to these Terms of Use.
COPYRIGHT NOTICE
The information, content, software, downloads, interfaces, graphics, text, design, audio and video clips, images, buttons, trademarks, service marks, trade names and logos (the “Materials“) contained on the Site and the Site itself is the exclusive property of and owned by Caribbean Food Delights, Inc., its licensors or content providers and is protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. Caribbean Food Delights, Inc. retain all right, title, interest and intellectual property rights in and to the Materials.
Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Caribbean Food Delights, Inc., its licensors or any third party.
Caribbean Food Delights, Inc. does not warrant that your use of the Materials on the Site will not infringe the rights of third parties.
USE OF MATERIALS
Images and graphics on the Site are property of Caribbean Food Delights and may not be used for commercial purposes. You may access, share, copy, download or print any Materials contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on such Material. The Materials are provided to you under a license that is revocable at any time at Caribbean Food Delights, Inc.’s discretion.
Any other use of the Materials, products and services contained on or forming part of this Site including their modification, distribution, republication, licensing, extraction, re-utilization, incorporation or integration with other Materials, re-delivery using framing technology, the creation of derivative works from or reselling of, is strictly prohibited and is a violation of the proprietary rights of Caribbean Food Delights, Inc.
MATERIALS SHARED BY YOU
If you share/upload Materials with us and other users of the Site, such Materials may become publicly accessible.
You hereby grant to Caribbean Food Delights, Inc. a worldwide, non-exclusive, transferable, royalty and compensation free, perpetual, irrevocable right and license to use, reproduce, distribute, adapt, derive, transmit and display, publicly or otherwise, such Materials, in any media form and to sub-license those rights for Caribbean Food Delights, Inc.’s business purposes.
If you share/upload ideas to the Site, we are under no obligation to respect such ideas and may use them for any purpose whatsoever. You waive any moral or other rights in any Materials you submit to the Site.
You are responsible for the legality, reliability, appropriateness, originality and copyright of such Materials.
You agree that you have the right to share such Materials through the Site, such Materials comply with all applicable laws, do not infringe the rights of any third party and are not unlawful, fraudulent, proprietary, false, defamatory, obscene, offensive, illegal or confidential.
CONDUCT ON THE SITE
Your use of the Site must at all times comply with all applicable laws, rules and regulations.
You will not use the Site or share or upload Materials or computer programs on the Site in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site or the facilities and/or services that are available on it or interfere with any other party’s use of the Site, its facilities and/or services.
You will not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
You may not attempt to gain unauthorized access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to the Site or any other Site operated by Caribbean Food Delights, Inc. through hacking, password mining or any other means. You shall not attack the Site via a denial of service attack.
You agree not to use the Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users).
LINKS TO THIRD PARTY SITES
This Site contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to these Terms of Use. Your access to any other websites through the Site is at your own risk. We are not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with third party websites. Caribbean Food Delights, Inc. reserves the right to terminate a link to a third party websites at any time. Caribbean Food Delights, Inc. provides links to third party websites for your convenience and the fact that Caribbean Food Delights, Inc. provides any such links does not mean that Caribbean Food Delights, Inc. sponsors, endorses or authorizes such websites.
DISCLAIMER
All use by you of the Site is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading from, uploading to and/or using of, or referring to or relying on facilities, services or Materials provided on the Site, or any other information obtained from your use of the Site. You agree that Caribbean Food Delights, Inc. will not be liable for damages arising out of your use or your inability to use the Site, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
This Site is available to all users “as is”. Caribbean Food Delights, Inc. makes no representations, warranties or undertakings that the Site, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Caribbean Food Delights, Inc. accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Caribbean Food Delights, Inc., which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Site. Caribbean Food Delights, Inc. makes no representations, conditions, warranties or undertakings about any of the facilities, services and/or Materials on the Site, either express or implied, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.
You should note that the pages contained in the Site may contain technical inaccuracies and typographical errors. The information in the Site may also be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date and exclude all liability for any failure to do so. You should also note that there are certain inherent risks in using the Internet and the World Wide Web and by accessing and using the Site you indicate your understanding that your use and the use generally of the Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.
AVAILABILITY
Although Caribbean Food Delights, Inc. endeavors to ensure the Site is available at all times, there may be occasions when interruption to the Site may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Caribbean Food Delights, Inc. shall not be liable to you or any third party for any loss incurred by you resulting from the interruption, modification, suspension or discontinuance of the Site, whether it was justified or not, negligent or intentional, inadvertent or advertent.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither Caribbean Food Delights, Inc. nor any of its officers or other representatives will be liable for loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities, services and/or Materials offered through or from the Site, including, but not limited to, direct loss, loss of data, work stoppage, computer failure or malfunction, business interruption, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if Caribbean Food Delights, Inc. has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall Caribbean Food Delights, Inc. nor any of its officers or other representatives assume any responsibility or liability for any damages whatsoever resulting from the conduct of any third party on or in relation to the Site of from the Materials shared/uploaded by any third party to the Site.
INDEMNITY
You agree to defend, indemnify and hold Caribbean Food Delights, Inc. and (as applicable) Caribbean Food Delights, Inc. employees, agents, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use, any claims made by or liabilities to any third party resulting from any activities relating to your use or misuse of the Site or any allegation that any Materials that you make available or create through the Site infringe the intellectual property rights of any third party.
SUSPENSION/TERMINATION/ FURTHER ACTION
Failure to comply with these Terms of Use may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Site.
Immediate, temporary or permanent removal of any posting or Material uploaded by you to our Site.
Legal action against you for reimbursement of all costs on an indemnity basis resulting from the breach.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall survive expiration or termination of these Terms of Use.
PRIVACY POLICY
Caribbean Food Delights, Inc. respects and protects the privacy of the individuals who access the Site and use its facilities and/or services. For full details of the manner in which Caribbean Food Delights, Inc. and the Site uses cookies, the type of information we collect, how we use it and under what circumstances we disclose information, please read our Privacy Policy which is hereby incorporated into and forms part of these Terms of Use.
CHANGES IN TERMS OF USE
To the greatest extent permitted by applicable law, Caribbean Food Delights, Inc. reserves the right, without notice to you, to change the content, services, presentation, performance, facilities and/or availability of any part of the Materials or the Site at our sole discretion, including these Terms of Use from time to time.
JURISDICTION AND GOVERNING LAW
These Terms of Use are governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Irish Courts.
MISCELLANEOUS
Any waiver of any provision of these Terms of Use must be in writing signed by Caribbean Food Delights, Inc. to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and Caribbean Food Delights, Inc. relating to use of the Site, its facilities and/or services and supersede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by Caribbean Food Delights, Inc.
QUESTIONS OR COMMENTS?
If you wish to contact us to discuss any matter in relation to these Terms of Use, please feel free to contact us at Caribbean Food Delights, Inc. 117 Route 303, Suite B, Tappan, NY 10983, 845.398.3000.