Please read these terms and conditions before you continue to browse and use this website. By continuing to use this website, you agree to comply with, and be bound by, these Terms of Use.
INTRODUCTION AND ACCEPTANCE OF TERMS OF USE
Welcome to www.sweetandsabroso.com (the “Website”). Sweet and Sabroso (“we”, “us” or “our”) provides the Service (as defined below), including, without limitation, the Website, subject to these Terms of Use, and by using the Website, you agree to comply with these Terms of Use. We may modify these Terms of Use from time to time, with or without notice to you. Please periodically review these Terms of Use for modifications. By continuing to use the Website after these Terms of Use have been amended, you agree to comply with such amended Terms of Use. From time to time we may also post on the Website other terms, policies, guidelines or rules applicable to your use of the Services, including, without limitation, any new features or functionality that enhance or augment the Services, and by using the Website, you further agree to comply with any such other terms, policies, guidelines or rules.
DESCRIPTION OF SERVICE
As used in these Terms and Conditions, the “Service” shall mean, collectively, the Website, including, without limitation, the Website Content (as defined below) and the services available on or through the Website, as the same may be amended, augmented or enhanced from time to time. As used in these Terms and Conditions, the “Website Content” shall mean, collectively, the content, information, features, text, data, URLs, images, graphics, audio clips, video clips, advertising and other materials available on the Website. The Service is being provided for your informational and/or entertainment purposes only, and is not intended to replace or substitute professional nutrition, health, financial, legal or other advice. In addition to the disclaimers and limitations set forth below under the headings entitled, DISCLAIMER OF WARRANTIES and LIMITATIONS ON LIABILITY, you acknowledge and agree that we (including, without limitation, our owners, managers, members, employees, officers, agents and representatives) make no representations or warranties and expressly disclaim any and all liability arising from or in connection with the accuracy, completeness, availability or usefulness of the Service. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that we (including, without limitation, our owners, managers, members, employees, officers, agents and representatives) shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
PRIVACY POLICY
As a condition of using the Service, you further agree to comply with our Privacy Policy, as may be amended from time to time.
OUR INTELLECTUAL PROPERTY
We will enforce our intellectual property rights to the fullest extent permitted by applicable law. You acknowledge and agree that the Service contains confidential and/or proprietary information and materials owned or licensed to us that is protected by applicable state, federal and international intellectual property and other laws, including, without limitation, copyright, trademark, service mark and patent laws (collectively, “Our Intellectual Proprietary”). Our Intellectual Property includes, without limitation, the Website, including, without limitation, the design elements, layout, look and feel, appearance and graphics of the Website, all recipes, photographs, and videos available on or through the Service, and our service marks, Sweet and Sabroso and A Pinch of Spain, A Dash of Cuba. You agree that you will not (and will not cause or permit any third party) to copy, reproduce, distribute, make derivative works, perform, publish, sell or otherwise use any of Our Intellectual Property, whether in whole or in part, for any commercial purpose or any other purpose that violates any applicable state, federal or international intellectual property or other law. Without limitating the generality of the foregoing, you further agree that reproduction, including downloading, of Pablo Picasso works is prohibited by copyright laws and international conventions without the express written permission of Artists Rights Society (ARS), New York.
THIRD PARTY WEBSITES
The Service may provide links to external, third party websites, resources or other references (collectively, “Third Party Websites”) for your convenience to provide you with further information or to permit you to share your activities on certain social media websites. You acknowledge and agree that your use, correspondence or other transactions or business dealings with or through any such Third Party Website (collectively, the “Third Party Website Transactions”), including, without limitation, Third Party Website Transactions for the purchase, sale or delivery of goods or services, participation in a contest or promotion, or any other terms, conditions, warranties or representations associated with Third Party Website Transactions are solely between you and such Third Party Websites. You further acknowledge and agree that we (including, without limitation, our owners, managers, members, employees, officers, agents and representatives) do not control or endorse, make no representations or warranties and expressly disclaim, any and all liability arising from or in connection with any such Third Party Websites or Third Party Website Transactions, including, without limitation, their availability, accuracy, completeness, usefulness, legality, content, advertising, goods, services, contests, promotions, materials or other information provided by or through such Third Party Websites or Third Party Website Transactions. agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Web sites on the Service.
USER CONTENT AND CODE OF CONDUCT
By posting, uploading or submitting any text, email, comment, image, photograph, audio, video or other material or content on or through the Service (collectively, “User Content”), you acknowledge and agree that we shall have the right, in our sole and absolute discretion. We encourage and invite our users to provide comments and share ideas. However, it is also very important to us that our users feel at ease and safe when using the Service. Accordingly, we require our users to comply with the terms and conditions of this section (collectively, this “User Code of Conduct”).
Users are prohibited from posting, uploading or otherwise submitting User Content on or through the Service that is, whether in whole in part: (1) obscene, pornographic, profane, indecent or sexual in nature; (2) disrespectful or offensive; (3) defamatory, libelous or contains information that distorts or misrepresents any person, place or thing; (4) abusive, harassing, violent, hateful or bullying; (5) intolerant of any person or group based on race, ethnicity, gender, religion, sexual orientation, age, disability or otherwise; (6) criminal, threatening or intimidating; (7) infringing upon a third party’s intellectual property rights; (8) in violation of any term or condition contained in these Terms of Use or applicable law; (9) junk mail, “spam” material, a chain letter or other form of bulk communication; or (9) damaging, interferes with, disrupts access to or impairs the functionality of the Service.
In the event that we determine, in our sole and absolute discretion, that a user has posted, uploaded or submitted User Content that violates or is otherwise inconsistent with the terms of this User Code of Conduct (each, a “Prohibited Post”), we will have the right to remove such Prohibited Post from the Website, and in the event of multiple Prohibited Posts by a single user, block such user from posting, uploading or submitting any further User Content on or through the Service on a temporary or permanent basis, in each case, as determined by us in our sole and absolute discretion. We shall have the right to remove any such Prohibited Post or block a user as described in the paragraph with or without notice to the applicable user. You further acknowledge and agree that we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user of the Service who is or has posted, uploaded or submitted User Content on or through the Service that is the subject of such law enforcement or court order request or direction.
Although we may periodically review or monitor User Content that is posted, uploaded or submitted on or through the Service, we shall have no obligation to monitor or review such User Content. In no event shall we be responsible, or otherwise liable to you or any other party, for any claims, damages, losses or expenses arising from, or in connection with, the conduct of any user of the Service or any Prohibited Post or other User Content posted, uploaded or submitted on or through the Service.
You agree that you will use the Service in compliance with this User Code of Conduct and all applicable laws, rules and regulations. In addition, you represent, warrant and covenant as follows: you own or otherwise control all of the rights to any and all User Content that you post, upload or submit on or through the Service, all such User Content is true and accurate, and use of such User Content will not cause harm to any person or entity or cause any other user of the Service to violate the User Code of Conduct.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (1) THE SERVICE OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION THROUGH THE SERVICE; (4) NO VIRUSES WILL BE TRANSMITTED BY OR THROUGH THE SERVICE; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE WE (INCLUDING, WITHOUT LIMITATION, OUR OWNERS, MANAGERS, MEMBERS, EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (1) THESE TERMS OF USE; (2) YOUR USE OR INABILITY TO USE THE SERVICE OR ANY INFORMATION OR PRODUCT OBTAINED THROUGH THE SERVICE; (3) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, OR FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE SERVICE; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, and hold us and our owners, managers, members, employees, officers, agents and representatives harmless from and against any third party claim, demand, damage, cost or expense, including, without limitation, actual attorneys’ fees and costs, arising from or in connection with your use of the Service or any violation of these Terms of Use.
GOVERNING LAW AND VENUE; WAIVER OF JURY TRIAL
These Terms of Use shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any dispute, claim or cause of action arising from or in connection with these Terms of Use or the Service shall be brought in the federal or state courts of Los Angeles County, California having competent jurisdiction over such dispute, claim or cause of action, and you and we hereby irrevocably submit to the personal and exclusive jurisdiction and venue of such courts. YOU AND WE FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY CONTROVERSY DISPUTE, CONTROVERSY OR CLAIM ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICE.
TIMING OF CLAIMS
NOTWITHSTANDING ANY STATUTE OR OTHER APPLICABLE LAW TO THE CONTRARY, YOU AGREE THAT ANY DISPUTE, CLAIM OR CAUSE OF ACTION ARISING OUT OF THESE TERMS OF USE OR THE SERVICE CLAIM MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE THAT SUCH DISPUTE, CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL BE FOREVER BARRED.
MISCELLANEOUS
These Terms of Use constitute the entire agreement, and supersede any prior agreements, whether oral or written, between you and us with respect to the subject matter of these Terms of Use. You may also be subject to additional terms and conditions when you use or access affiliate services, third-party content or third-party software, including, without limitation, Third Party Websites as described above in these Terms of Use. Any failure or delay by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by us of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the other provisions of these Terms of Use shall remain in full force and effect. The headings used in these Terms of Use are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of these Terms of Use.
CONTACTING US
If you have any questions or comments, or wish to report a violation of these Terms of Use, please contact us by email at info@sweetandsabroso.com.
© 2017 Sweet and Sabroso. All rights reserved.
Last updated: April 18, 2018
