The owner of this website, Mizkan America, Inc. or affiliate (referred to either as “Website Owner” or “we” or “us” or “our”), provides the content, information and materials contained on this website or any of the pages comprising the Website (“Website”) to users or visitors (referred to either as “you” or “your” hereinafter) solely for your convenience. We hope that you will enjoy your visit to this Website and will find its content to be informative and helpful.
USE OF SITE
OWNERSHIP OF WEBSITE MATERIALS
All right, title and interest in and to the content of this Website, including text, images, graphics, audio and video material, proprietary information, the selection, sequence and “look and feel” and arrangement of items, and all copyrightable or otherwise legally protectable elements of the Website (“Website Materials”), is the property of Website Owner, its successors and assigns or its licensors. The trademarks, names, brand names, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered or unregistered trademarks of the Website Owner, its successors and assigns or its licensors. Nothing contained on this Website should be construed as granting any license or right to use any Trademark or Website Materials without the prior written permission of the Website Owner.
The Website Owner may, from time to time, include on this Website one or more links to external websites which have no connection with this Website or the Website Owner (“Linked Site”). A link to a Linked Site is provided solely for your convenience. The inclusion of any Linked Site does not imply a referral by Website Owner to, or an approval, sponsorship or endorsement by Website Owner of, the Linked Site, its content or any products or services which may be offered at that Linked Site. Linked Sites are beyond the control of the Website Owner, and the Website Owner is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such sites. The Website Owner shall not be liable for any damage that might result from your use of the information or products or services at a Linked Site. Use or reliance on any Linked Site and the content thereat is at your own risk. When visiting Linked Sites, you must refer to that Linked Site’s terms and conditions of use. No hypertext links to this Website shall be created from any website controlled by you or otherwise without the express prior written permission of the Website Owner. Please contact us at Bertolli.email@example.com if you would like to link to this Website or would like to request a link to your website.
INFORMATION ON THE WEBSITE
From time to time the Website Owner updates the content, information, promotions, commentary, notes, data or other materials on the Website (“Information”), including Information which may be provided on this Website by any third person or data or content provider authorized by the Website Owner (“Third Person Provider”). However, neither the Website Owner nor any Third Person Provider make any representations or warranties as to the sequence, accuracy, completeness, currency or reliability of the Information and shall not be bound in any manner by any Information contained on the Website. The Information is offered for general informational purposes only. No Information shall be construed as advice or recommendation. You (and your company if any) rely on the Information contained on this Website at your own risk. The Website Owner reserves the right at any time without prior notice to change or discontinue any Information on this Website. If you find an error or omission at this site, we would appreciate your letting us know.
THIS WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Website Owner makes no warranties, representations, statements or guarantees (whether express or implied in law, including implied warranties of merchantability or fitness for a particular purpose, title and non-infringement) regarding the Website, the Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, the Website Owner makes no warranty that (i) the operation of the Website will meet the your requirements; (ii) access to the Website will be uninterrupted or timely or free of defects or errors, (iii) access to the Website will be secure, free of malicious code, including viruses, worms, time bombs, cancelbots, malware, spyware, Trojan horses or other potentially harmful software programs, materials or information (collectively “Malware”), (iv) the results that you may obtain from your use of the Website will be accurate or reliable; or (v) defects or errors on the Website will be corrected. You (and not Website Owner) assume the entire cost of all servicing, repair, or correction that may be necessary to your computer equipment and software as a result of any Malware, errors or any other problems whatsoever you may have as a result of using this Website.
PUBLIC FORUMS AND USER SUBMISSIONS
You hereby assign and waive all of your respective right, title and interest in all copyrights and moral rights and other intellectual property and proprietary rights in any material you post on a Public Forum, including but not limited to comments, messages or information.
PERMISSIBLE USE OF THE WEBSITE
The Website is to be used solely for your personal and non-commercial use and for no other purposes. The following are strictly prohibited:
PROHIBITED USE OF THE WEBSITE
The Website Owner grants no permission to use, and you shall not use, the Website or any Public Forum to do any of the following (“Prohibited Use”):
The Website Owner reserves the right to remove any material or information constituting a Prohibited Use submitted or posted by you in the Public Forum or elsewhere on the Website without notice to you, if the Website Owner becomes aware and determines, in its sole and absolute discretion that you have posted such prohibited materials or are likely to do so.
INDEMNITY FOR PROHIBITED USE OF THE WEBSITE
You hereby agree to indemnify the Website Owner against any and all losses (whether direct, indirect or consequential), liabilities, obligations, damages, personal injuries, judgments, payments in settlement, awards, interest, penalties, fines, costs, expenses and expert witness and attorneys’ fees (collectively “Losses”) which the Website Owner or any third person incurs in connection with any claim, demand, complaint, cause of action, action, suit, arbitration, judgment, settlement, grievance, proceeding, ruling, order, charge or investigation of any kind or nature (collectively “Claim”) which is directly or indirectly caused by or attributable to any Prohibited Use of the Website by you. You should be aware that it is the general policy of the Website Owner to cooperate with law enforcement authorities, court orders or other legal process requesting or directing Website Owner to disclose the identity of anyone making a Prohibited Use of the Website and also to disclose such identity proactively if the Website Owner has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Website Owner, its employees, its vendors, its customers or the public.
DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any Losses or Claims incurred by you or any third person (including your company if any) which is directly or indirectly caused by or attributable to your access and use of the Website or the content, Website Materials or Information contained on the Website or your or your company’s personal information or material and information transmitted over our system. Without limiting the generality of the foregoing, neither the Website Owner nor any Third Person Provider shall be liable in any way to you or to any other person (including your company if any) for any Loss or Claim arising from any inaccuracy, error or omission, interruption, termination, defect, failure of performance, delay in operation or transmission, line failure or Malware on the Website, or for any actions taken in reliance thereon or occasioned thereby. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations or exclusions may not apply to you. However, in no event shall Website Owner’s total liability to you for any Loss or in connection with any Claim exceed the amount paid by you, if any, for accessing this site.
ALTERATION OF TERMS
COOKIES AND ACCESS LOG
The technologies used on the Website to collect usage information, including device identifiers, include cookies (namely, data files placed on a computer, tablet or other electronic device used to visit the Website (“Device”)). We may place cookies or similar files on your Device for security purposes when you visit this Website. Also, we keep access logs of people accessing our site. None of these will contain information that identifies individuals. Access log is used for statistical analysis and nothing else.
HOW TO CONTACT US
MISCELLANEOUS LEGAL TERMS
USE OF MATERIALS ON THE SITE
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
Deoleo is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you submit any feedback, suggestions, recipes or other communications (each referred to as a “Submission” and collectively referred to as “Submissions”) to the Site or to Deoleo, you hereby assign and waive all of your respective right, title and interest in all copyrights and moral rights and other intellectual property and proprietary rights in your Submission(s). You are granting Deoleo, its parent, affiliated companies, designees, and sub licensees permission to use your Submission in connection with the operation of their businesses including and without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Deoleo is under no obligation to post or use any Submission you may provide and Deoleo may remove any Submission at any time in its sole discretion.
CONDUCT ON THE SITE
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Deoleo’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Deoleo’s express written consent.
TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Deoleo or its affiliates, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Deoleo reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.
Without limiting the foregoing, everything on this Site is provided “as is” without warranties, representations and/or conditions of any kind, either express or implied, including, without limitation, warranties of title, implied warranties, representations or conditions of merchantable quality, merchantability, fitness for a particular purpose, or title and non–infringement of intellectual property. We do not warrant that this Site or the servers making the Site available are virus free or free of other harmful components, or that the Site and its functions will be uninterrupted or error free, or that defects will be corrected. By providing Content, information and materials on this Site, we do not in any way promise that they will remain available to you. Deoleo and its affiliates expressly disclaim any duty to update or revise the content of this Site, although we may modify the content at any time without notice. Your use of this Site is at your sole risk, and you assume full responsibility for any costs associated with your use of this Site. Deoleo and/or its affiliates shall not be liable for any harm, loss or damage of any kind related to your use or misuse of this Site, including, without limitation, in relation to correctness, accuracy, reliability, or otherwise.
In no event will DeoLeo be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive and inconsequential damages arising out of the use, inability to use, or the results of use of the Site, any websites linked to the Site, the content of the Site or the personal information accessible on the Site or sites linked to the Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will DeoLeo, its licensors or any other party involved in creating, producing, or delivering the Site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon the personal information accessible or content provided through the Site.
JURISICTION AND APPLICABLE LAW
The laws of Ontario and Canada shall bind the terms of this agreement. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Ontario and Canada. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, or for any service, content, feature or product offered through this Site.
ENTIRE AGREEMENT AND ADMISSIBILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.