JoyofKosher.com

 

 

Terms and Conditions

 

Last updated April 14, 2011

General Overview

 

The following terms and conditions (“Terms and Conditions”) set forth in this terms and conditions notice (the “Terms and Conditions”), shall and hereby do apply to the relationship between, including but not limited to Joy of Kosher, joyofkosher.com (“Joy of Kosher”), and the end user (“You” or “Your”).

Acceptance of Terms and Conditions

 

Please read these Terms and Conditions carefully before using this Web site. By viewing or otherwise using this Web site, you agree you are 18 or older and agree to the Joy of Kosher Privacy Policy and to these Terms and Conditions.

General

 

We reserve the right in our sole discretion to change, modify, add, or delete portions of the Terms and Conditions at any time. We will provide Terms and Conditions of such changes only by posting the updated Terms and Conditions on our web site and changing the “last updated” date listed above. This Terms and Conditions applies exclusively to your access to, interaction with, and use of, this web site and does not alter in any way the terms or conditions of any other agreement you might have with Kosher Media Network, LLC for products, services, or otherwise. We encourage you to review our Terms and Conditions each time you visit our site to see if it has been updated since your last visit. By using any service, you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions or comments about the web site please email: info@joyofkosher.com.

Privacy Policy

Joy of Kosher believes strongly in protecting user privacy. Joy of Kosher has therefore adopted a Privacy Policy. Users of this Web site should refer to the Privacy Policy, available for viewing here, before providing any information.

User Registration

(A) In order to access or use some features of the Web site, you will need to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to joyofkosher.com.

(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at info@joyofkosher.com of any breach of security or unauthorized use of your Membership. As part of the membership process, you will be asked to select a username and password. You may not choose a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any username in our sole discretion. Your username and password are for your personal use only, and may not be used by any other person. You agree not to transfer or resell your use of or access to the Site (including your username and password) or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, username or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your Member information, and immediately notify us by emailing us at info@joyofkosher.com. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account.

(C) Recipes or other content saved by a member will be public and viewable by all.

(D) All members are automatically signed up to win giveaways drawn at random. Notification will appear within your member recipe box, if you have won.

Community/Blog

We welcome you to visit and participate in the “Community” or “Blog” section of the Site (“Community/Blog”). Community/Blog may include elements such as a User Profile, Save Option, Comment Service, Rating Service, Personalized URLs, Bulletin Board service (such as message boards on the Site), Q&A Hours, and other interactive services we may offer from time to time. We value your participation in Community/Blog and ask you to please help us to maintain a friendly, safe and informative environment by abiding by these Term and Conditions as well as any Community/Blog rules and guidelines posted on those sections of the Site. Contributors and users not connected with us may provide by our staff, special guest experts, or information provided in Community/Blog, some of who may use anonymous screen names. The opinions expressed in the Community/Blog are not necessarily those of Joy of Kosher. All statements, advice, opinions expressed, and content provided, by Members in Community/Blog are those of such Members only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in Community/Blog (including errors or omissions in Community/Blog postings, content or links and images embedded in Community/Blog postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Community/Blog and/or the Site.

Information, including “Personally Identifiable Information” (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in Community/Blog will be accessible to other Members participating in Community/Blog, including people you may not know and whose actions we may not control. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, Joy of Kosher has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community/Blog or any other part of the Site. If you choose to make any of your Personally Identifiable Information or other information publicly available in Community/Blog, you do so at your own risk.

Content

All Web site materials, including, without limitation, the Joy of Kosher logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Kosher Media Network, LLC or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary Terms and Conditions intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Kosher Media Network, LLC, is strictly prohibited.

Copyright

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. Joy of Kosher and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

Patent Notice

Certain processes operable on this website and/or functionalities of this website may be covered by one or more of U.S. Patent Nos. 5,937,402; 5,522,077; and 6,101,502.

Trademarks

“Joyofkosher.com,” “Joy of Kosher,” and other trademarks on this Web site are trademarks of Joy of Kosher or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Joy of Kosher. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Joy of Kosher, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Joy of Kosher. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.

Joy of Kosher might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web site. Except to the extent we may have granted you licenses to certain intellectual property in this Terms and Conditions, our providing you with such Webpages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web site only, provided such link does not portray Joy of Kosher or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Joy of Kosher trademark, logo, or other proprietary information, including the images found at this web site, the content of any text, or the layout/design of any page or form contained on any page of the web site, without Joy of Kosher’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Joy of Kosher or any third party.

Third-Party Content & Services

Joy of Kosher may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Joy of Kosher does not monitor nor does Joy of Kosher have control over any Third-Party Content. Joy of Kosher does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Joy of Kosher does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.

Online Submissions

By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other items (each, a “Submitted Item”) to Joy of Kosher, you hereby grant to Joy of Kosher, its affiliates and subsidiaries an irrevocable, nonexclusive, perpetual, worldwide, royalty-free. transferable right and license to use, display, publicly perform, modify, reformat, translate, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit the Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, and to sub-license or otherwise allow others to do so.  Such exploitation may be in any manner or medium now existing or hereafter devised (including but not limited to online, print, film, or electronic storage devices).   Publication or use of any Submitted Items is at the sole discretion of Joy of Kosher, which is under no obligation to publish, use or compensate you for any Submitted Item.

You hereby represent and warrant that you have the necessary right, power, and authority to grant the license set forth herein to your Submitted Items, and that such Submitted Items do not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.  You agree to indemnify and hold harmless Joy of Kosher, its affiliates and subsidiaries against any claim pertaining to your Submitted Items. Under no circumstances will Joy of Kosher be liable in any way for any Submitted Item, including, but not limited to, any errors or omissions in any Submitted Item, or any loss or damage of any kind incurred in connection with use of or exposure to any Submitted Item posted, emailed, accessed, transmitted or otherwise made available via Joy of Kosher.

You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Joy of Kosher does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. Joy of Kosher shall have no obligation to monitor any Submitted Item, however, Joy of Kosher and its agents reserve the right to monitor Submitted Items from time to time and may remove or block any Submitted Item, including disabling access to Submitted Items that you have downloaded from Joy of Kosher.  You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.
User ConductThis Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:

· Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other content that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;

· Upload or transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

· Upload, e-mail, transmit, or otherwise make available any content that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

· Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

· Without Joy of Kosher’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;

· Harm minors in any way; or

· Upload, post, e-mail, transmit, or otherwise make available any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer

THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. JOY OF KOSHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JOY OF KOSHER DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. JOY OF KOSHER DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.

Joyofkosher.com reserves the right to change any and all content contained on this web site at any time without Terms and Conditions. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by joyofkosher.com.

Limitation of Liability

IN NO EVENT SHALL JOY OF KOSHER OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF JOY OF KOSHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless joyofkosher.com, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the web site or any content you provide, including, but not limited to, any claim by a third party that any content infringe or violate such third party’s rights or interests.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any content at any time and for any reason, including, but not limited to content that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our web site, and any Material content transmitted by you via or in connection with our web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our web site from fraudulent, abusive, or unlawful use of our web site.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS TERMS AND CONDITIONS OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of New York, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Brooklyn, NY and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Terms and Conditions.

Termination

Joy of Kosher reserves the right, in its sole discretion at any time, to terminate your license to use this web site, to block or prevent future access to and use of this web site, and to remove and discard any content.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL TERMS

Copyright Complaints

Joyofkosher.com respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, Joy of Kosher may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, Joy of Kosher may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).

Joy of Kosher’s Designated Agent may be reached at:

Kosher Media Network, LLC

1575 50 Street

Brooklyn, NY 11219

646-543-1555

or by email at: info@KosherMediaNetwork.com

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

· 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.

· 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 us to locate the material.

· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

· A statement that you have 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.

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.