Terms of Use
All documents and information on the The Gourmet Deli web site are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this web site may be reproduced in any form or by any means without the express written consent of The Gourmet Deli.
License to Use the Site
The Gourmet Deli grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms of use. Except as expressly provided herein or otherwise allowed by The Gourmet Deli, you may not use the Site or the Services for any commercial purpose.
Changes to Terms of Use
The Gourmet Deli reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
The Gourmet Deli owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws. The Gourmet Deli, and/or its third party providers, are the owners of the copyright in the entire Site. The Gourmet Deli owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms of use, without the express written permission of The Gourmet Deli. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of The Gourmet Deli and its affiliates or the copyright holder identified in the individual Content's copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of The Gourmet Deli and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
This Site also contains trademarks of The Gourmet Deli protected under Canadian and International Trademarks laws. Use of such marks without The Gourmet Deli's written permission is strictly prohibited.
Change to Site or Content
The Gourmet Deli shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. The Gourmet Deli may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.
Services
Upon a Member's registration on the Site, The Gourmet Deli will create an online account for the Member containing information provided by the Member (the "Member Account"), which account shall be accessible and modifiable by the Member thereafter at the Site using a password and user name, in accordance with the Privacy Policy. For more information about how The Gourmet Deli collects, maintains and uses Member information, please consult the Privacy Policy.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to The Gourmet Deli that you:
- Will only use this Site, its Content and its Services for lawful purposes in accordance with these Terms of Use
- Agree and consent to our Privacy Policy
- Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of The Gourmet Deli or third parties in connection with your use of the Site
- Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide
- Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account
- Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services
- Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site
- Will not scroll faster than others in chat rooms in a way that affects others' right of enjoyment of the Site and
- Will not access or attempt to access unauthorized areas of the Site, tamper with other users' postings, or unreasonably load or burden the Site's servers.
Members who violate these terms of use, at The Gourmet Deli's sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that The Gourmet Deli has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms of use and any other operating rules that The Gourmet Deli may establish from time to time. Notwithstanding this right of The Gourmet Deli, The Gourmet Deli does not and cannot review all materials posted to the Site by users, and The Gourmet Deli is not responsible for any such materials posted by users. The Gourmet Deli reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in The Gourmet Deli's sole discretion, such materials are objectionable or in violation of these terms of use. The Gourmet Deli does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Gourmet Deli reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless The Gourmet Deli, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. The Gourmet Deli reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Gourmet Deli.
Links to Other Web Sites
The Site may contain links and pointers to other Web sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by The Gourmet Deli or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that The Gourmet Deli or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of The Gourmet Deli or any of its affiliates. The Gourmet Deli is not responsible for content on or services provided by other Web sites that are linked to or from the The Gourmet Deli site, including without limitation The Gourmet Deli's partners' Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Content and Liability Disclaimer
The Gourmet Deli shall not be responsible for any errors or omissions contained on any The Gourmet Deli web site, and reserves the right to make changes anytime without notice. Mention of non-The Gourmet Deli products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by The Gourmet Deli. All The Gourmet Deli and third-party information provided on any The Gourmet Deli web site is provided on an "as is" basis.
In no event shall The Gourmet Deli be liable for any damages whatsoever, and in particular The Gourmet Deli shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any The Gourmet Deli web site, any The Gourmet Deli product or service. This includes damages arising from use of or in reliance on the documents or information present on any The Gourmet Deli web site (including any information posted or placed by anyone other than The Gourmet Deli), even if The Gourmet Deli has been advised of the possibility of such damages.
Feedback Information
Any information provided to The Gourmet Deli in connection with any The Gourmet Deli web site shall be provided by the submitter and received by The Gourmet Deli on a non-confidential basis. Such information shall be considered non-confidential and property of The Gourmet Deli. By submitting any such information to The Gourmet Deli you agree to a no-charge assignment to The Gourmet Deli of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. The Gourmet Deli shall be free to use such information on an unrestricted basis.
Trademarks
The trademarks, logos, and service marks (collectively "Trademarks") appearing on the The Gourmet Deli web site are the property of The Gourmet Deli or their respective parties. Nothing contained on the The Gourmet Deli web site should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.
