The Culinary Institute of America :: Worlds of Flavor Spain
TERMS AND CONDITIONS
DESCRIPTION OF SERVICES
The Culinary Institute of America ("CIA") currently provides users
with access to bulletin board services and personalized e-mail services for
current students and alumni (the "Services"). By registering, you
understand and agree that use of CIA's website may involve exposure to advertisements
and may entail receipt of certain communications from CIA, such as service
announcements, administrative messages and newsletters. Unless explicitly
stated otherwise, any new features added to these Services shall be subject
to these Terms and Conditions.
In consideration of your registration and use of these Services, you agree
to provide and timely maintain true, accurate, current and complete information
about yourself as prompted by the registration form. If you provide any information
that does not comport with these requirements, or if CIA has reason to suspect
that information you provided is untrue, inaccurate, not current or incomplete,
CIA has the right to suspend or terminate your account and refuse any and
all current or future use of any or all Services.
You must be at least 13 years of age to register as a user.
All information used for registration and certain other information about
PASSWORD AND SECURITY
Upon completing registration, you will be assigned a password and user name.
You bear sole responsibility for maintaining the confidentiality of the password
and user name, and are fully responsible for all activities that occur under
your password or user name. You agree to immediately notify CIA of any unauthorized
use of your password, user name or account or any other breach of security,
and ensure that you exit from your account at the end of each session. CIA
is not liable for any loss or damage arising from your failure to comply with
these Terms and Conditions.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials (collectively, "Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. CIA does not control or
guarantee the accuracy, integrity or quality of such Content. By using the
Services, you may be exposed to Content that is offensive, indecent or objectionable.
CIA is not liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, e-mailed, transmitted or otherwise made available
through these Services.
You agree to not use these Services to:
a. upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under any contractual
or fiduciary relationships;
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
right of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy, interfere with or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
j. interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
CIA does not screen all Content, and by registering, you acknowledge that
CIA or its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via these
Services. Without limiting the foregoing, CIA and its designees have the right
to remove any Content that violates these Terms and Conditions or that is
otherwise objectionable. All risks associated with the use of any Content
are borne by the user, including any reliance on the accuracy, completeness,
or usefulness of such Content.
You acknowledge and agree that CIA may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms and Conditions; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of CIA, its users or the public.
You acknowledge that the technical processing and transmission of the Services,
may involve transmissions over various networks that may not be secure. These
transmissions may involve changes to conform and adapt to technical requirements
of connecting networks or devices.
CIA does not claim ownership of submitted Content. However, by posting, uploading,
inputting, e-mailing, providing or submitting Content, you are granting CIA,
permission to use such Content including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Content and to publish your name
in connection with your Content.
No compensation will be paid with respect to the use of your Content as provided
herein. CIA is under no obligation to post or use any Content you may provide.
By posting, uploading, inputting, providing or submitting Content, you warrant
and represent that you own or otherwise control all of the rights, including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
You agree to indemnify and hold CIA, and its subsidiaries, affiliates, officers,
agents, or other partners and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through the Services,
your use of the Services, your connection to the Services, your violation
of the Terms and Conditions, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Services, or access to the Services.
You acknowledge that CIA may establish general practices and limits concerning
use of any Services, including without limitation the maximum number of days
that e-mail messages will be retained, the maximum number of e-mail messages
that may be sent from or received by an account, the maximum size of an e-mail
message that may be sent from or received by an account, the maximum disk
space that will be allotted on CIA or CIA's partner's servers on your behalf,
and the maximum number of times and duration you may access Services in a
given period of time.
You agree that CIA has no responsibility or liability for the deletion, corruption
or failure to store any messages or other Content maintained or transmitted
via these Services. You acknowledge that CIA reserves the right to suspend
or terminate accounts that are inactive for an extended period of time.
MODIFICATIONS TO SERVICES
CIA reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) with or without
notice. You agree that CIA shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Services.
You agree that CIA, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Services, and remove and discard any Content
within the Services, for any reason, including, without limitation, for lack
of use or if CIA believes that you have violated or acted inconsistently with
the letter or spirit of the Terms and Conditions. CIA may also in its sole
discretion and at any time discontinue providing the Services, or any part
thereof, with or without notice. You agree that any termination of your access
to the Services under any provision of these Terms and Conditions may be effected
without prior notice, and acknowledge and agree that CIA may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Services. Further, you
agree that CIA shall not be liable to you or any third-party for any termination
of your access to the Services.
You acknowledge and agree that the Services and any necessary software used
in connection with the Services ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content contained
on the site or in information presented to you through the Services is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by CIA or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Services or the Software, in whole or in part.
CIA grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, or to sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Services. You agree not to access the Services by any means other than
through the user interface that is provided by CIA for use in accessing the
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND 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. CIA EXPRESSLY DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
CIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE 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 THE
DOWNLOAD OF ANY SUCH MATERIAL INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIA
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIA SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
Without CIA's prior permission, you agree not to display or use CIA's Marks
in any manner. These marks include, but are not limited to:
The Culinary Institute of America ®
Preparation is Everything ®
mise en place ®
The Professional Chef ®
Remarkable Service (SM)
Apple Pie Bakery Café (SM)
We Speak Food (SM)
CIA provides links to third party Web sites solely as a convenience to you.
If you click-on these links, you will leave CIA's site. CIA has not reviewed
all of these third party sites, and neither controls, nor is responsible for
any of these sites or their content. CIA does not endorse or make any representations
of any kind about these sites or any of the content and products and services
provided on them. You agree that your use of any third party Web site from
a link on CIA site is entirely at your own risk.
This Agreement shall be governed by and construed in accordance with the laws
of the State of New York. By accessing this Web site, you and CIA agree that
the statutes and laws of the State of New York, without regard to choice of
law principles thereof, will apply to all matters relating to use of the Web
site. You consent irrevocably to personal jurisdiction in the federal and
state courts of New York County, New York for any action arising out of or
relating to your use of the Web site. The federal and state courts of New
York County, New York shall have exclusive jurisdiction over all such actions.
This Agreement constitutes the entire agreement between you and CIA with
respect to your use of the Web site. The provisions of this Agreement are
severable. In the event any provision is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the validity
or enforceability of the remaining provisions.
By using this Web site, you agree to these terms.
Last Updated: 10/27/2008
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of America. All rights reserved.