THIS AGREEMENT GOVERNS YOUR USE OF THE CULTURALLY DELICIOUS WEBSITE.
This website is owned and operated by Culturally Delicious. Access and use of this website is provided by Culturally Delicious to you on condition that you accept these Terms of Service, and by accessing or using this website, you agree to these Terms of Service. If you do not agree to accept and abide by these Terms of Service you should not access or use this website.
Culturally Delicious may revise and update these Terms of Service at anytime and without notice. You are cautioned to review the Terms of Service posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
Use of the Website
This website and its contents (the “Content”) are intended for customers of Culturally Delicious. You may not use this website or the Content for any purpose not related to your business with Culturally Delicious. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with Culturally Delicious; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Culturally Delicious product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in Culturally Delicious’ discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse, this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of Culturally Delicious and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with Culturally Delicious, such as a Royalty Free License Agreement, any other use of these Materials without Culturally Delicious’ written permission is prohibited.
We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Culturally Delicious and any other product or service name or slogan contained in the webite are trademarks of Culturally Delicious and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Culturally Delicious or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Culturally Delicious” or any other name, trademark or product or service name of Culturally Delicious without our prior written permission. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Culturally Delicious and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Currency of Website
Culturally Delicious updates the information on this website regularly. However, Culturally Delicious cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Culturally Delicious may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
This website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Culturally Delicious monitors or endorses these websites. Culturally Delicious does not accept any responsibility for such websites. Culturally Delicious shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Culturally Delicious shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Culturally Delicious recommends that you install appropriate anti-virus or other protective software.
Website and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CULTURALLY DELICIOUS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL CULTURALLY DELICIOUS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) UNITED STATES’ DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Culturally Delicious harmless against all claims or liability asserted against Culturally Delicious arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Service.
Notice and Procedure for Making Claims of Infringement
Culturally Delicious respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Culturally Delicious with a written communication addressed to us including substantially the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- description of the copyrighted work or other intellectual property that you claim has been infringed
- a description of where the material that you claim is infringing is located on the website
- 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 copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Please address your letter as follows:
3517 Johnson Street, #1671
Metairie, LA 70001-5100
Feel free to visit our “Contact Us” page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Culturally Delicious is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:
- Culturally Delicious has no obligation concerning such information
- the information is non-confidential
- Culturally Delicious may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation
- the information is truthful and disclosure of the information does not violate the legal rights of others
This website is controlled, operated and administered by Culturally Delicious from within the State of Louisiana, United States. This website can be accessed from all states and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Louisiana, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the State of Louisiana and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Louisiana and acknowledge that you do so voluntarily.
Culturally Delicious’ failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Service is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Service and all documents relating thereto be drawn up in English.
If you have concerns relating to this website or these Terms of Service, please use our “Contact Us” form.