- Your Acceptance
- By using and/or visiting this website, its contents and features, including all functionalities available through the SMILINISLANDFOODS.COM domain name, the "SMILINISLANDFOODS.COM Website", hereinafter referred to as "Website", you hereby agree to abide by the following conditions:
(1) These terms and conditions (the "Terms of Service"),
(2) SMILINISLANDFOODS.COM privacy notice, found at www.SMILINISLANDFOODS.COM and incorporated here by reference
- SMILINISLANDFOODS.COM , at its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions and may attempt to notify you when major changes are made to these Terms of Service. However, you should periodically review the most up-to-date version at your discretion. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The SMILINISLANDFOODS.COM website includes all aspects of SMILINISLANDFOODS.COM , including but not limited to all products, software and services offered via the website
- The SMILINISLANDFOODS.COM website may contain links to third party websites that are not owned or controlled by SMILINISLANDFOODS.COM. Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the ‘Website” will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly absolve SMILINISLANDFOODS.COM from any and all liability arising from your use of any third-party website.
- SmilinIslandFoods.com Accounts
- In order to access some features of the Website, you will have to create a SmilinIslandFoods.com account. You may never use another person or company’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SMILINISLANDFOODS.COM immediately of any breach of security or unauthorized use of your account.
- Although Website will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of SMILINISLANDFOODS.COM or others due to such unauthorized use.
- General Use of the Website—Permissions and Restrictions
SMILINISLANDFOODS.COM hereby grants you permission to access and use the Website as per the following conditions specified in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Website’s prior written authorization.
- You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies.
- You agree not to access User Submissions (defined below) or Website Content through any technology or means other than the pages of the Website itself, or other explicitly authorized means designated by Website
- You agree not to use the Website, for any commercial use, without the prior written authorization of Website :Prohibited commercial uses include any of the following actions taken without Website’s express approval:
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers over a given period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SMILINISLANDFOODS.COM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Website reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
- SMILINISLANDFOODS.COM reserves the right to discontinue any aspect of the Website at any time.
- Your Use of Content on the Site
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the SMILINISLANDFOODS.COM website or any third-party website, targeted to the content of specific User Submissions or Website content;
- and any use of the Website or its related services that Website finds, in its sole discretion, to use Website's resources or User Submissions with the effect of competing with or displacing the market for Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A)The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SMILINISLANDFOODS.COM subject to copyright and other intellectual property rights under the law of the United States of America. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SMILINISLANDFOODS.COM reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions solely:
- User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
- You may access Website Content, User Submissions and other content only as permitted under this Agreement. Website reserves all rights not expressly granted in and to the Website Content Service.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
- for your information and personal use;
- as intended through the normal functionality of the Website Service; and
- Your User Submissions and Conduct
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Website all of the license rights granted herein.
- Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Website expressly disclaims any and all liability in connection with User Submissions. SMILINISLANDFOODS.COM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Website reserves the right to remove Content and User Submissions without prior notice.
- Account Termination Policy
- SMILINISLANDFOODS.COM will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
- Website reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SMILINISLANDFOODS.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
- 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SMILINISLANDSFOODS .COM WEBSITE.WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL SMILINISLANDFOODS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SMILINISLANDFOODS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by SMILINISLANDFOODS.COM from its facilities in the United States of America. SMILINISLANDFOODS.COM .com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless SMILINISLANDFOODS.COM its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Website without restriction.
- No Waiver
You agree that: (i) These Terms of Service shall be governed by the internal substantive laws of the State of Florida without respect to its conflict of laws principles. Any claim or dispute between you and Website that arises in whole or in part from the SMILINISLANDFOODS.COM Website shall be decided exclusively by a court of competent jurisdiction located in Dade County, Florida . These Terms of Service, together with the Privacy Notice at http://www.SMILINISLANDFOODS.COM/privacy and any other legal notices published by SMILINISLANDFOODS.COM on the Website, shall constitute the entire agreement between you and SMILINISLANDFOODS.COM concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Website’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. to and acceptance of its revised terms. FURTHER YOU SMILINISLANDFOODS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.