Last Updated: July 6, 2020
ICD PUBLICATIONS, INC.
ICD/The Gourmet Insider is a resource created for aspiring and accomplished home cooking and beverage enthusiasts, designed to deliver information, instruction and inspiration to feed your culinary and entertaining pursuits. The Site is accessible at thegourmetinsider.com and at any other websites now owned or operated by ICD (also, “We” and “Us”) or that We may own or operate in the future (“Site” or “Sites”), including any applications that We make available on mobile devices (“App” or “Apps”) to the extent that they are available now or in the future. These Terms apply to your use of all Sites (regardless of the manner in which, or the device from which the Sites are accessed). The Site and App are collectively known as the “Service.” Unless ICD states otherwise, or the context suggests otherwise, all references to the Site or App in these Terms relate to the Service.
TERMS AND CONDITIONS
THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH USERS MAY [SUBSCRIBE TO PUBLICATIONS, OBTAIN BUSINESS INFORMATION] ICD HAS NO CONTROL OVER THE CONDUCT OF MEMBERS, GUESTS, AND OTHER USERS OF THE SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you accept or agree to these Terms on behalf of a company or other legal entity by continued use of the Service, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
CHANGES TO THE SERVICES OR TO THESE TERMS
ICD reserves the right, at its sole discretion, to change the Service or to change these Terms, including various fees, at any time and without prior notice. If We change these Terms, We will provide you with notice of the change on the Site or the App. We will also update the “Last Updated” date at the top of these Terms.
This Service is intended for use by persons who are 18 or older. Any access to or use of the Service by anyone under 18 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older.
HOW THE SERVICE WORKS
The Service can be used to subscribe to publications and receive news and information on affiliated topics.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service and Content. In connection with your use of the Service and Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained within the Service;
- use the Site or Service for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies ICD endorsement, partnership, or otherwise misleads others as to your affiliation with ICD;
- dilute, tarnish or otherwise harm the ICD brand in any way, including through unauthorized use of the Service or Content, registering and/or using “ICD” or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to ICD’s domains, trademarks, taglines, promotional campaigns, or content relating to the Service;
- copy, store, or otherwise access or use any information contained in the Site or Content for purposes not expressly permitted by these Terms;
- infringe the rights of ICD or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual right;
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- use the Service to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
- use the Service or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Service or Content, or collect or store any personally identifiable information about any other user;
- register for more than one ICD account or register for an ICD account on behalf of an individual other than yourself;
- recruit or otherwise solicit any user to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Service or Content;
- engage in disruptive, circumventive, abusive, or harassing behavior in any area or aspect of the Service;
- post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Service, or any individual element within the Service, or Content, ICD’s name, any trademark, logo, or other proprietary information owned by ICD, or the layout and design of any page or form contained on a page on the Site, or in the Service or Content, without ICD’s express written consent;
- access, tamper with, or use non-public areas of the Service, ICD’s computer systems, or the technical delivery systems of ICD’s providers;
- attempt to probe, scan, or test the vulnerability of any ICD system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ICD, any of ICD’s providers, or any other third party (including another user) to protect Service and Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or Content;
- advocate, encourage, or assist any third party in doing any of the foregoing.
ICD has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, ICD may take a range of actions against you, including but not limited to deactivating or canceling your account for a violation of this section or these Terms.
ICD may access, preserve, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ICD or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property, or safety of ICD, its users, or members of the public. You acknowledge that ICD has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. ICD reserves the right, at any time and without prior notice, to remove or disable access to any content that ICD, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
INTELLECTUAL PROPERTY OWNERSHIP AND RIGHTS NOTICES
The Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service and Content, including all associated intellectual property rights, are the exclusive property of ICD and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of ICD used on or in connection with the Service, and Content are trademarks or registered trademarks of ICD in the US and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Service and Content are used for identification purposes only and may be the property of their respective owners.
The Service has different products, features, and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features, or offerings. If additional terms are available for the relevant product or Service you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, ICD grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own personal use. ICD reserves all rights in the App not expressly granted to you by these Terms.
ICD CONTENT LICENSE
Subject to your compliance with these Terms, ICD grants you a limited, non-exclusive, and non-transferable license, to access and view any ICD content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ICD or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site or App, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of ICD and you hereby irrevocably assign to ICD and agree to irrevocably assign to ICD all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At ICD’s request and expense, you will execute documents and take such further acts as ICD may reasonably request to assist ICD to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
ICD respects copyright law and expects its users to do the same. ICD’s policy is to terminate the accounts of users who repeatedly infringe, or who are believed to be repeatedly infringing the rights of copyright holders.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. EXCEPT AS PROVIDED IN THESE TERMS, YOU ARE SOLELY LIABLE FOR YOUR USE OF THE SERVICE.
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ICD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ICD MAKES NO WARRANTY THAT THE SITE, SERVICE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ICD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ICD OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, INCLUDING WITHOUT LIMITATION OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. ICD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. ICD EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY REGISTERED USER, GUEST OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ICD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ICD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID, OWE OR RECEIVED IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE THE BASIS OF THE BARGAIN BETWEEN ICD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold ICD and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service, or Content or your violation of these Terms; or (b) your interaction with any other user of the Service or Content.
Except as they may be supplemented by additional ICD policies, guidelines, standards, or terms for a specific product, feature, service, or offering, these Terms constitute the entire and exclusive understanding and agreement between ICD and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ICD and you regarding the Service and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without ICD’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ICD may assign or transfer these Terms at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ICD (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Service will be interpreted in accordance with the laws of the State of Illinois, without regard to its conflict-of-law provisions. You and We agree to submit to the personal jurisdiction of a state court located in the 19th Judicial Circuit Court, Lake County, IL—18 N County Street, Waukegan, IL 60085, for any actions in which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and ICD agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ICD are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and ICD otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Virginia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and ICD otherwise agree, the arbitration will be conducted in Waukegan, IL. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if ICD changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ICD’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ICD in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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