This gift basket is the ultimate kit to embark upon a serious exploration of Italian cuisine. It...
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EatItalian.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the EatItalian.com Services. When you provide us Content, you grant EatItalian.com a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the EatItalian.com Services, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses.
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The EatItalian.com Services may contain proprietary information, materials, and original works of authorship owned by EatItalian.com or licensed to EatItalian.com by third parties ("EatItalian.com Content"). EatItalian.com grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the EatItalian.com Content (excluding any software code) solely for your personal use in connection with any authorized use of the EatItalian.com Web site and accessing the EatItalian.com Services. EatItalian.com reserves all other rights in and to the EatItalian.com Content. You may not modify, translate, or create derivative works of any EatItalian.com Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any EatItalian.com Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with EatItalian.com Content.
In the event EatItalian.com creates a cookbook or other text, podcast or other publication featuring content found on EatItalian.com, EatItalian.com will notify you if your recipe, profile content or any other content you have on EatItalian.com has been chosen. At that time, we will ask for permission to publish your information. This does not apply to marketing and PR efforts such as, but not limited to, newsletter distribution and media outreach.
You represent and warrant that: (i) you own the Content posted by you on or through the EatItalian.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the EatItalian.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EatItalian.com Services. EatItalian.com reserves the right to investigate and take appropriate legal action against anyone who, in EatItalian.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the EatItalian.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EatItalian.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);\
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or joining and participating in a EatItalian.com contest, sweetpstakes or giveaway as a sweepstakes enthusiast or using an auto-fill program to enroll in contests and sweepstakes.
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Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the EatItalian.com Services in a timely manner with a valid payment method.
When you are accepted to register to sell items in the Marketplace, we will create a vendor account for you. All sales made through the Eatitalian.com service are subject to our transaction or percentage of selling price fees. When sales are made by EatItalian.com members or the public, we process the credit card through Authorize.net. Orders are then posted to your vendor account and are considered ready for fulfillment by you. We will make payment to you twice per month on fully completed and shipped orders upon payment request made by you to us. All payment to vendors will be made by check or wire transfer.
Vendors who sell in the EatItalian.com marketplace are fully responsible for customer service, fulfillment and customer relations. The EatItalian.com marketplace is simply a platform for you to sell your merchandise. EatItalian.com is not responsible in an way for customer refunds, customer service, customer information or any other marketplace related service regarding EatItalian.com members or the public.
The conveyance of real property must take place in accordance with the laws of the relevant jurisdiction. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between EatItalian.com and any seller or buyer of real estate. EatItalian.com makes no representations about any real property advertised using the EatItalian.com Services; about the sellers of such properties; about the payment of any commissions that may otherwise be due to any third parties in connection with the purchase and sale or real property; about the accuracy of information provided by sellers; or about the financial capabilities of prospective buyers.
The following types of goods and services are prohibited from the EatItalian.com Services, including but not limited to the Marketplace. THIS IS NOT A COMPLETE LIST. Any transaction that is otherwise prohibited by the law of any jurisdiction applicable to the transaction shall be prohibited from the EatItalian.com Services. We, in our sole discretion, reserve the right to prohibit any goods or services for any reason without notice. Users must not list goods or services in the Marketplace that require government authorization for distribution to third parties unless they take all necessary steps to ensure that purchases are made only as authorized by law.
Copyright Policy. Please refer to our Copyright policy.
If two or more Members claim the same business name, location, telephone number, e-mail address, Web site, or other means of identification, we will determine, in our sole discretion, to which Member, if any, it should be awarded, and our decision will be final and binding unless one of the affected Members invokes arbitration against all other affected Member(s). Any controversy or claim arising out of or relating to a dispute over which Member shall be entitled to claim a business name, location, telephone number, e-mail address, Web site, or other means of identification, shall be settled by arbitration between the affected Members administered by the American Arbitration Association under its Commercial Arbitration Rules with Expedited Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We will not be a party to the arbitration or pay any arbitration fees or costs, but will abide by the arbitrator's award, unless set aside by a court.
WE ARE NOT RESPONSIBLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATION IN OR USE OF THE EATITALIAN.COM SERVICES, ATTENDANCE AT A EATITALIAN.COM EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE EATITALIAN.COM SERVICES, FROM THE GOODS OR SERVICES SOLD THROUGH THE EATITALIAN.COM SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE EATITALIAN.COM SERVICES, WHETHER ONLINE OR OFFLINE. IN NO EVENT SHALL EATITALIAN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EATITALIAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EATITALIAN.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EATITALIAN.COM FOR THE EATITALIAN.COM SERVICES DURING THE TERM OF MEMBERSHIP.
If EatItalian.com should be found liable despite the terms of this User Agreement, you can recover from EatItalian.com only your actual direct damages up to an amount equal to the greater of (a) the fees you paid to EatItalian.com in the 12 months before the act giving rise to the liability, or (b) $100. You cannot recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed, whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose.
This limitation applies to:
It also applies even if:
Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.
5. U.S. Export Controls. Software available in connection with the EatItalian.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the EatItalian.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
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8. Other. This Agreement is accepted upon your use of the EatItalian.com Website or any of the EatItalian.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and EatItalian.com regarding the use of the EatItalian.com Services. The failure of EatItalian.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EatItalian.com is a trademark of EatItalian.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@EatItalian.com with any questions regarding this Agreement.
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