Terms of Use Agreement

ATTENTION: PLEASE READ THIS TERMS OF USE AGREEMENT ("Terms") CAREFULLY BEFORE USING THIS WORLD KITCHEN, LLC. ("World Kitchen") WEB SITE. BY USING THIS WEB SITE YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

 

Please check these Terms and Privacy Policy periodically for changes. Your continued use of this web site will mean you accept these changes. World Kitchen reserves the right to modify, suspend, terminate, or restrict your use of any portion of this web site at any time, without notice.

 

Introduction

This web site has been developed by World Kitchen to provide you with information about World Kitchen's products and services. This web site may from time to time provide new information or data, but otherwise it is an archive of materials for your use. Like any printed material, the information and data on this web site may become out of date over time.

 

Limitations of use of Intellectual Property

World Kitchen will aggressively enforce its intellectual property rights to the fullest extent of the law.

 

Copyright

World Kitchen either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this web site, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this web site. Except as provided in these Terms, World Kitchen prohibits the copying, redistribution, modification or public display of any Content on this web site without its express written permission. World Kitchen hereby authorizes you to display on your computer, download and print pages of this web site, subject to the following provisions: (i) the copyright and other proprietary notices appear on all such printouts; (ii) the information will not be altered in any manner; (iii) you do not use the Content in a manner that suggests an association with World Kitchen or any of World Kitchen's products, services or brands; (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this web site and (v) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of World Kitchen or any third party.

 

Trademark

The trademarks, logos, and service marks identified by ® , ™ or SM symbols or which appear in type form different from that of the surrounding text are listed on Exhibit A, are marks owned or licensed by World Kitchen. World Kitchen claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on this web site. Such third-party trademarks are used only to identify their respective owners, and no sponsorship or endorsement on the part of World Kitchen should be inferred from the use of these marks.

 

User Submissions

For an explanation of the practices and policies of World Kitchen related to the collection, use and storage of our users' information, please read our Privacy Policy. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any applicable law. By placing material on or communicating with this web site, you hereby grant to World Kitchen the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold World Kitchen harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant World Kitchen the right to use your name in connection with the reproduction or distribution of such material.

 

External Links

World Kitchen may provide links to third party web sites, and some of the content appearing to be on this web site may in fact be supplied by third parties (e.g. instances of framing of third party web sites or incorporation of content through framesets). World Kitchen assumes no liability for any damages you may suffer from visiting such linked web sites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked web sites. Any links contained on this web site shall not be construed as an endorsement by World Kitchen of any such linked web site. World Kitchen has not reviewed or researched the full content on these linked web sites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a web site that is linked to this web site, please contact webmaster@worldkitchen.com and we will determine if the link should be removed from this web site. You may not provide a link to this web site without our express written permission. If you would like to provide a link to this web site, please contact webmaster@worldkitchen.com. Prohibited Activities and Content The following is a partial list of the kinds of activities and content that are prohibited on or through this web site: (a) submitting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging in activities or submitting content that harasses or advocates harassment of another person; (d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam"; (e) engaging in activities, or submitting content, or promoting information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contains restricted or password only access pages, or hidden pages or images; (g) submitting content that displays pornographic or sexually explicit material of any kind; (h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting content that solicits passwords or personally identifiable information for commercial or unlawful purposes from other users; and (j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

 

Access to This Web Site

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of this web site or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this web site; and (c) take any action that imposes an unreasonable or disproportionately large load on World Kitchen's hardware and software infrastructure. World Kitchen does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print. World Kitchen shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to this web site.

 

Notification of Copyright Infringement

It is World Kitchen's policy to respond to claims of intellectual property infringement. World Kitchen will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, if you believe that content appearing on this web site infringes any copyright rights, please send a notification of copyright infringement to World Kitchen's Designated Agent for this web site: webmaster@worldkitchen.com. To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

THE CONTENT OF THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Although World Kitchen uses reasonable efforts to maintain the accuracy and currency of the Content of this web site, World Kitchen makes no warranties or representations as to its accuracy or currency. This web site may contain typographical errors and technical inaccuracies. World Kitchen assumes no liability or responsibility for any errors or omissions in the Content of this web site.

Although World Kitchen uses reasonable efforts to ensure that all software provided at this web site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. World Kitchen may update and/or modify the information contained on this web site at any time and without notice.

 

Limitation of Liability

This web site may contain forward-looking statements that reflect World Kitchen's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current programs, ongoing commercialization of products, regulatory approvals of products, validity and enforcement of patents, the stability of its commercial relationships, and the general economic conditions.

IN NO EVENT WILL WORLD KITCHEN, ITS AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. BY USING THIS WEB SITE, YOU HEREBY RELEASE WORLD KITCHEN, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEB SITE.

 

General

If you breach any of these Terms, your authorization to use this web site automatically terminates and you must immediately destroy any downloaded or printed Content. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this web site must be filed within one (1) year after such claim or cause of action arises, or forever be barred. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. These terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States of America applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms and/or your use of this web site shall be resolved exclusively by the state or federal courts located in Chicago, Illinois. By using this web site, you agree to be bound by these Terms and consent to the collection, use and storage of your information by World Kitchen in the manner described in our Privacy Policy. World Kitchen reserves the right to make changes to these Terms and our Privacy Policy from time to time. When using this web site, you should review the current Terms and Privacy Policy to determine if they have been amended since your last visit.

Last updated on: August 08, 2006