Welcome to Cheese & Olive ("Cheese & Olive," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
3. Eligibility. You must be at least thirteen (13) years of age to use the Service (although you must be at least eighteen (18) years of age to make purchases). By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
4. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Cheese & Olive, which may be revoked at any time, for any reason, in Cheese & Olive’s sole discretion.
5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Cheese & Olive of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cheese & Olive will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Cheese & Olive account.
6. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Cheese & Olive.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
h. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Cheese & Olive’s sole and reasonable discretion;
ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Cheese & Olive’s sole and reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Service, or any content on the Websites.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Cheese & Olive employee. If Cheese & Olive determines that any user has threatened, stalked, harassed, or verbally abused any Cheese & Olive employee or another Cheese & Olive Member, Cheese & Olive reserves the right to immediately terminate that user’s membership and suspend access to the Service.
m. You must not sell or transfer, or offer to sell or transfer, any Cheese & Olive account to any third party without the prior written approval of Cheese & Olive.
n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
o. You must not sell or resell any items on the Service without Cheese & Olive Cat’s prior written permission.
7. You Bear Risk of Upload. Cheese & Olive uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Cheese & Olive cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Cheese & Olive be liable for any copying or usage of Your Content not authorized by Cheese & Olive. You hereby release and forever waive any claims you may have against Cheese & Olive for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY CHEESE & OLIVE HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
8. Membership; Pricing; Charges on Your Account.
b. Billing. Cheese & Olive bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Cheese & Olive all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Cheese & Olive to charge your chosen payment provider (your "Billing Method") for the Service. You agree to make payment using that selected Billing Method. Cheese & Olive reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Billing Method. The terms of your payment will be based on your Billing Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Billing Method.
d. Items; Prices; Refusal of Sale. You acknowledge and agree that the items for sale on the Service, as well as the prices of items, are subject to change at any time and without notice. We do not promise or guarantee that you will be able to purchase a given item or that any item will cost a certain price. We reserve the right, to the extent permissible by law, to refuse a sale to anyone in our sole discretion.
9. Shipping; Shipping Costs and Taxes. We will ship your item via the United States Postal Service (or, for larger or bulk items, via UPS). Please be aware that shipping times vary by destination. Please allow a minimum of 10 business days for international shipments, due to the requirements of customs.
We may offer promotions or coupon codes through which users can obtain free shipping for certain orders. In this situation, you must use the coupon code in order to receive the free shipping.
Notwithstanding the foregoing, we reserve the right to increase your shipping charges if your item or the destination present special circumstances. If this is the case we will notify you and secure your permission before adjusting the shipment price.
You acknowledge and agree that, for international shipments, you are the importer and are solely responsible for following all guidelines as set forth within the country from which you are importing. Cheese & Olive is not responsible for any fees or costs associated with an international shipment.
10. Returns and Refunds. You may return an item for refund or exchange within 30 days of the item's shipment, so long as the item is in as-new condition. Items that are soiled, worn, altered, damaged, or used are not eligible for refund or exchange.
When returning an item, you may choose to receive either: (a) a refund for the item's value; or (b) a credit in the amount of the item's value, as well as for the initial shipping cost (but not the return shipping cost).
You are solely responsible for the cost of shipping returned items, unless the item arrived damaged or defective or as otherwise agreed by Cheese & Olive in writing.
Once you have shipped your item back to us, we will inspect the item to make sure it was returned in good condition. We will notify you as soon as practicable as to whether you will receive a refund or a credit. If your refund request is approved, we will remit it to the same credit card with which you purchased the item (less any shipping costs). We will remit your refund as soon as practicable; provided, however, that your bank may require a certain amount of time to process your refund.
Requests for a refund or exchange may be submitted at our shipping & returns page or by contacting us at email@example.com.
11. Modifications to Service.Cheese & Olive reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cheese & Olive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Blocking of IP Addresses. In order to protect the integrity of the Services, Cheese & Olive reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
14. Third Party Content. Cheese & Olive may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Cheese & Olive does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Cheese & Olive does not create Third-Party Content, nor does Cheese & Olive update or monitor it. Cheese & Olive is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Cheese & Olive users (collectively, the “Reference Sites”). Cheese & Olive does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
15. Intellectual Property. Cheese & Olive, the Cheese & Olive logos and any other product or service name or slogan contained in the Service are trademarks of Cheese & Olive or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cheese & Olive or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Cheese & Olive may provide you from time to time.
Cheese & Olive retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Cheese & Olive, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Cheese & Olive is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Cheese & Olive and for Cheese & Olive Members' use only. Distribution of Content to others is strictly prohibited. You agree that Cheese & Olive would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Cheese & Olive shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any meta tags or any other hidden text utilizing " Cheese & Olive " or any other name, trademark or product or service name of Cheese & Olive without our prior written permission. In addition, the look and feel of the Cheese & Olive Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Cheese & Olive and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Cheese & Olive. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Cheese & Olive’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
16. Ownership of Your Content; Licenses.
You acknowledge and agree that Your Content becomes the property of Cheese & Olive at the time it is uploaded by you. Cheese & Olive reserves the right, at any time and in its sole discretion, to remove Your Content from the Websites and/or Service. If it is important to you that Your Content is preserved, be sure to keep an original copy of it for yourself.
17. Copyright Policy.Cheese & Olive prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
4774 PK Granada #8464, Calabasas, CA 91372
When contacting us, please make sure that you include the following information:
a. a statement that you have identified Content on Cheese & Olive that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the Cheese & Olive URL(s) where such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Cheese & Olive user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Cheese & Olive will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
18. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Cheese & Olive has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Cheese & Olive to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Cheese & Olive of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Cheese & Olive may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Cheese & Olive accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
19. Limitation of Liability. In no event shall Cheese & Olive be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Cheese & Olive or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Cheese & Olive makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL CHEESE & OLIVE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF CHEESE & OLIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL CHEESE & OLIVE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF CHEESE & OLIVE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Cheese & Olive and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Cheese & Olive during the six months prior to notice to Cheese & Olive of the dispute for which the remedy is sought.
20. Indemnity by You. You agree to indemnify and hold Cheese & Olive, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Cheese & Olive.
22. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE CHEESE & OLIVE THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
23. Wholesale Purchases. To make a bulk or wholesale purchase, please contact us at firstname.lastname@example.org.
25. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
26. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Los Angeles, or the United States District Court for the Central District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of Los Angeles, or the United States District Court for the Central District of California.
29. Business Inquiries. Business-related inquiries may be sent to email@example.com.
30. Entire Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.