Use of the Site is limited to Users eighteen (18) years of age and older. By using the Site, you represent and warrant that you are eighteen (18) years of age or older.Notwithstanding anything to the contrary herein, we do not currently accept personal information from European Union residents. As such, Users that are European Union residents should not be submitting such information to our Site. When you submit information to us, you are verifying that you are a resident of the United States.
- Your Privacy
- Ownership of Site Content
All content, information and data (including, but not limited to catalogues, graphics, designs, logos, text, applications, photographs, videos, [recipes], software, sound, and their format, arrangement and selection) (collectively referred to herein as the “Content”), are proprietary property of the Company and/or its third party providers, with all rights reserved. The Company and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content.No Content may be modified, distributed, copied (except as permitted by the next sentence of this paragraph), reproduced, published, displayed, posted, transmitted, or sold or licensed in any form or by any means, in whole or in part, without the Company’s prior written consent. You are permitted to print copies of the Content for your own personal, noncommercial use, provided that you do not make any modifications to, or create any derivative works from, the Content, and that you keep all copyright or other proprietary notices intact. Any use of the Site and its Content other than as specifically authorized herein, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted herein and subjects you to the possibility of prosecution.
Any trademarks, service marks and logos utilized and/or appearing on the Site are the property of the Company or other third parties, and may not be used by you without the owner’s prior written consent.
The Site may make available listings, descriptions and images of goods (“Products”) for general information purposes. The Company makes no representations as to the completeness, accuracy, reliability, validity or timeless of such Products (including any [coupons], [discounts], and [prices] contained therein). Such information and Product availability are subject to change without notice. While we have done our best to display the colors of the Products as accurately as possible, the colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. In addition, any weights, measures and other descriptions are approximate and are solely provided for convenience.
- Site Safety
To help make the Site a safe and welcoming environment for all Users, you agree that:
- You will not use the Site to bully, intimidate, or harass any User.
- You will not post or transmit any content that is hate speech, or that is threatening or incites violence, or that contains gratuitous or graphic violence, or that is pornographic or contains nudity.
- You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
- You will not collect other Users’ content or information, or otherwise access the Site, using automated means.
- You will not violate this Agreement yourself or facilitate or encourage any violations of this Agreement by others.Although we provide these rules for User conduct, we do not control or direct Users’ actions on the Site and are not responsible for any information Users post, transmit, or share on the Site. Therefore, we are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable material you may encounter on the Site. We are also not responsible for the conduct of any User, whether on the Site, elsewhere in the cyber world, or in the real world.
- Site Integrity
- Except for scheduled maintenance, we try to keep the Site up and running at all times. However, we cannot do it alone. We need the commitment of Users to help. Accordingly, to assist us in maintaining the stability and reliability of the Site, you agree that:
- You will not upload viruses or other malicious code to the Site or any page on the Site; and
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other functionality of the Site.
- User Generated Content
- Third Party Websites and Content
The Site may contain links to other web sites (“Third Party Sites”) as well as catalogues, graphics, photographs, text, designs, logos, sound, video, information, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate or relating to any applications you use or install from any such site.
- Copyright Complaints and Repeat Infringer Policy
We prohibit users from uploading, posting or otherwise transmitting any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement (as set forth below), we have adopted a policy of promptly removing or disabling access to the allegedly infringing material and terminating access to the Site by repeat infringers in accordance with the Digital Millenium Copyright Act (“DMCA”). Company may also at its sole discretion limit or terminate access to the Site of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your own copyrighted work is accessible through your use of the Site in violation of your copyright, you may provide our designated agent with written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner´s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
Loumidis Foods, Inc.
1270 Valley Brook Avenue, Ste 100B
Lyndhurst, NJ 07071Or by email: email@example.comUpon receiving a proper written communication as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter notification procedure set forth in the DMCA, 17 U.S.C. § 512(g)(2) and (3).Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content is copyright infringing. Filing a false notification constitutes perjury.
- Limitation of Liability
WE TRY TO KEEP THE SITE UP (OPERATIONAL), BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE (INCLUDING THE PRODUCTS AND CONTENT THEREIN) “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, PRODUCTS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SITE (INCLUDING THE CONTENT OR THE PRODUCTS THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SITE (INCLUDING THE CONTENT AND PRODUCTS THEREIN) WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold the Company and each of its shareholders, directors, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, or in connection with, (a) your use of the Site; (b) your use of any material posted on, or available through, the Site (including the Products and Content); or (c) your violation of this Agreement. You also agree to indemnify and hold harmless the Company Parties as a result [of any content posted] or made available by you, any violation of law that occurs by you through your use of the Site, and/or anything you do using the Site and/or the information contained therein (including the Content and Products). This means that if anyone brings a claim against us related to your actions, content, or information made available through your use of the Site (including the Content and Products therein), you will be responsible for all damages, losses, and expenses of any kind (including reasonable legal fees and costs) incurred by us related to such claim.
The Company may delete [any content or information that you have posted through your use of the Site] and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
- Applicable Laws
- Other General Provisions
Last Updated: May 30, 2020