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Terms & Conditions
Any use by you of the website operated by
Food Kingdoms Limited, foodkingdom.com (the "Site") is conditional upon your acceptance
of these Terms & Conditions, including our Privacy Policy. We reserve the right
to amend these Terms & Conditions from time to time without notice and at our
discretion. It is your responsibility periodically to review this page for updates
to these Terms & Conditions, which shall come into effect once posted. Your
continued use of the Site will be deemed as acceptance of these Terms & Conditions,
including our Privacy Policy.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS
PLEASE LEAVE THE
SITE
NOW
.
This Site is made available by Food Kingdoms
Limited and its subsidiaries, affiliates, parent companies and any of their related
businesses are referred to in these Terms & Conditions as "we", "us" or "our".
1. RIGHTS
1.1 All rights in all material and content
(including, but not limited to, text, images, web pages, sound, software (including,
code, interface and website structure) and video, and the look and feel, design
and compilation thereof) at this Site are owned by us or our licensors. You agree
that you are permitted to use this material and/or content only as set out in these
Terms & Conditions or as otherwise expressly authorised in writing by us or
our licensors, and that you may not otherwise copy, reproduce, transmit, publicly
perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge,
share or make available to any person, or create derivative works of such material
or content.
2. INTELLECTUAL PROPERTY
2.1 We are the owner and/or authorised user
of all trade marks, service marks, patents, copyrights, database rights and all
other intellectual property appearing on or contained within the Site, unless otherwise
indicated. Except as provided in these Terms & Conditions, use of the Site does
not grant you any right, title, interest or license to any such intellectual property
you may access on the Site. Except as provided in these Terms & Conditions,
any use or reproduction of the intellectual property is prohibited.
3. COPYING
3.1 You may view this Site and you are welcome
to print hard copies of material on it solely for your lawful, personal, non-commercial
use. All other copying, whether in electronic, hard copy or other format, is prohibited
and may breach intellectual property laws and other laws world-wide. Furthermore,
you are not entitled to reproduce, transmit, publicly perform, distribute, adapt,
translate, modify, bundle, merge, share or make available to any person, or create
derivative works of such material, or use it for commercial purposes, without our
prior written consent. All other rights are reserved.
4. ACCEPTABLE USEAGE POLICY
4.1 This Site may contain discussion groups,
bulletin boards, chat rooms and other interactive services. We support the free
flow of information and ideas over the Internet but do not actively monitor use
of our discussion groups, bulletin boards or chat rooms. Similarly, we do not exercise
editorial control over the content of any third party sites, electronic mail transmission,
text message, news group, bulletin board, chat room or other material created or
accessible over or through the Site. As a result, you may be exposed to content
on the Site or on sites accessible over or through the Site that you find offensive
or objectionable. However, we do reserve the right to monitor our discussion groups,
bulletin boards, chat rooms and other interactive portions of the Site and to remove
any content which, in our sole discretion, constitutes a misuse of these interactive
services and may restrict, suspend or terminate your use of these services or the
Site where we believe that there has been such a misuse.
The following examples constitute a misuse
of the interactive services:
(a) using the services for any improper,
unlawful or immoral purpose, causing any nuisance by your use of the services or
causing the operation of the services to be jeopardised or impaired;
(b) using the services to create, host or
transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory,
offensive, or obscene material or engaging in activities which would cause offence
to others on grounds of race, religion, creed or sex;
(c) using the services to harm, or attempt
to harm, minors in any way;
(d) using the services to create, host or
transmit any material that threatens or encourages bodily harm or the destruction
of property or would constitute a criminal offence or give rise to civil liability;
(e) using the services to create, host or
transmit material which infringes the copyright, trademark, patent, trade secret
or other intellectual property or proprietary rights of any other party;
(f) using the services to create, host or
transmit unsolicited advertising material to other users;
(g) using the services to create, host or
transmit any material that harasses another; using the services to make fraudulent
offers to sell or buy products, items or services;
(h) adding, removing or modifying identifying
network header information in an effort to deceive or mislead;
(i) using the services to access, or to attempt
to access, the accounts of others or to penetrate, or attempt to penetrate, our
or a third party's security measures, computer software, hardware, electronic communication
system, or telecommunications systems;
(j) using the services to collect, or attempt
to collect, personal information about third parties without their knowledge or
consent or to engage in screen scraping, database scraping or any other activity
with the purpose of obtaining lists of users or other data;
(k) using the services for any activity which
adversely affects the ability of other people or systems to use the services or
the Internet generally;
(l) reselling, repurposing or redistributing
any services provided by us our contractors or our licensees without our prior written
consent; or impersonating any person or entity or using a false name that you are
not authorised to use.
This list only serves to provide examples
and is not meant to be an exclusive list of the type of misuses of the interactive
services that may result in the restriction, suspension or termination of your access
to the Site. Due to the global nature of the Internet, users hereby agree to comply
with all local rules regarding on-line conduct and acceptable content. Users also
agree to comply with any applicable rules regarding the export of any data from
any country.
4.2 The opinions expressed in live chat rooms
and/or posted on bulletin boards or on other interactive services are not necessarily
ours. Any statements, advice and opinions made by such participants are those of
such participants only. We neither endorse nor shall be held responsible for any
such statements, advice or opinions.
5. NO WARRANTIES
5.1 THIS
SITE
IS PROVIDED "AS IS,"
AND
YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND
ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,
ALL
EXPRESS
AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
SITE
WILL BE
FREE
FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE
SITE
, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM
AND
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU
POST ON OR TRANSMIT THROUGH THE
SITE
WILL BE
SAFE
FROM UNAUTHORIZED ACCESS OR USE. IF YOU
ARE
DISSATISFIED WITH THE
SITE
, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
SITE
.
6. THIRD PARTY GOODS
AND
SERVICES
6.1 WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES
AND
OTHER ORGANISATIONS WHOSE GOODS OR SERVICES
MAY
BE ACCESSED OR DISPLAYED THROUGH OR ON THE
SITE
.
7. YOUR RESPONSIBILITY
7.1 You should always verify the information
set out in this Site with independent authorities before acting or relying on it.
It is your responsibility to use virus checking software on any material downloaded
from this Site and to ensure the compatibility of such software with your equipment.
7.2 In circumstances where you provide us
with information relating to any third parties, you warrant that you have received
that third party's consent in relation to such disclosure and that the third party
has been informed of, and agrees to, our Privacy Policy and the uses which we may
make of such information.
8. NO LIABILITY
8.1 TO THE FULLEST EXTENT PERMITTED BY LAW
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND
ASSIGNS, HEREBY DISCLAIM
ALL
LIABILITY FOR ANY LOSS,
COST
OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT
OF YOUR USE OF THE
SITE
OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE
SITE
, OR OTHER SITES ACCESSED FROM THIS
SITE
, WHETHER SUCH LOSS,
COST
OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE
AND
EVEN IF WE
ARE
EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR
ALL
DAMAGES, COSTS, LOSSES
AND
CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS
AND
CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE
SITE
EXCEED, IN THE AGGREGATE, £100.00 (UK).
9. MATERIALS SUBMITTED BY YOU
9.1 Unless specifically requested, we do
not solicit nor do we wish to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services, by email, or in
any other way. Any information or material submitted by you, and which has not been
specifically requested by us, will be deemed not to be confidential, secret or proprietary.
You agree that any information or materials submitted by you to this Site, whether
ideas, creative concepts or other materials, may be used, reproduced and disclosed
by us without restriction for whatever purpose we deem fit and without payment of
any sum or acknowledgement of you as their source. You also warrant that any "moral
rights" in posted materials have been irrevocably waived by the appropriate authors.
WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR
DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US
TO THE EXTENT PERMITTED BY LAW. This paragraph 9.1 does not affect any rights you
may have under data privacy laws that protect your personal information or similar
privacy laws, to the extent that such rights cannot be excluded.
10. USER INFORMATION
10.1 In the course of your use of the Site,
you may be asked to provide personal information to us (such information referred
to hereinafter as "User Information"). Our information collection and use policies
with respect to such User Information are set forth in the Site Privacy Policy,
which Privacy Policy is incorporated into these Terms & Conditions by reference.
You acknowledge and agree that you are solely responsible for the accuracy and content
of the User Information.
11. LINKS FROM
AND
TO THE
SITE
11.1 You acknowledge and agree that we have
no responsibility for the information provided by Web sites to which you may link
from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement
by or association with us of such sites or the content, products, advertising or
other materials presented on such sites. We have no control over these Linked Sites
and do not edit or monitor them. You acknowledge and agree that we are not responsible
or liable, directly or indirectly, for any damage, loss or cost caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods
or services available on such Linked Sites.
12. INDEMNITY
12.1 You will indemnify us against any loss,
damage or cost incurred by us arising out of your use of the Site, any of its services
or any information accessible over or through the Site, including information obtained
from linked sites, your submission or transmission of information or material on
or through the Site or your violation of these Terms & Conditions or any other
laws, regulations and rules. You will also indemnify against any claims that information
or material which you have submitted to us is in violation of any law or in breach
of any third party rights (including, but not limited to, claims in respect of defamation,
invasion of privacy, breach of confidence, infringement of copyright or infringement
of any other intellectual property right). We reserve the right to exclusively defend
and control any claims arising from the above and any such indemnification matters
and that you will fully cooperate with us in any such defences.
13. RESTRICTION, SUSPENSION
AND
TERMINATION
13.1 We may restrict, suspend or terminate
your access to the Site and/or your ability to avail of any of the services on the
Site, including interactive services, if we believe that you have breached these
Terms & Conditions at any time. Any such restriction, suspension or termination
will be without prejudice to any rights which we may have against you in respect
of your breach of these Terms & Conditions. We may also remove the Site as a
whole or any sections or features of the Site at any time. Please note that we have
the ability to trace your IP address and if necessary contact your
ISP
in the event of a suspected breach of these Terms & Conditions.
14. ENTIRE AGREEMENT
14.1 These Terms & Conditions, including
our Privacy Policy, constitutes the entire agreement between you and us in relation
to its subject matter and supersedes any and all prior promises, representations,
agreements, statements and understandings whatsoever between us. To the extent that
software is available through the Site, such software may be subject to a license
agreement that is distributed or included with such software and you agree to abide
by the terms and conditions of any such license agreements. The failure by us to
exercise or enforce any right or provision of the Terms & Conditions shall not
constitute a waiver of such right or provision. If any provision of the Terms &
Conditions is found by a court of competent jurisdiction to be unenforceable or
invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the other provisions
of the Terms & Conditions shall remain in full force and effect.
15. LAW
AND
JURISDICTION
15.1 These Terms & Conditions,
including the Privacy Policy and any matter relating to this Site, shall be governed
by English law. Disputes arising in connection with this legal notice shall be subject
to the exclusive jurisdiction of the English courts.
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