Privacy Policy / Terms and Conditions

Privacy Policy

This “Privacy Policy” applies to the Websites controlled by Edible Communities, Inc. and/or its subsidiary and affiliated entities (“Edible Communities”, “us”, “we”, or “our”) where the Privacy Policy is posted. “Websites” include sites hosted by one or more web servers {however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively, “Computer”)} and other interactive features, applications or downloads that are operated by us and that are available through, or interact with, Websites where this Privacy Policy is posted. This Privacy Policy does not apply to our collection of information from other sources (unless specifically stated).

We have adopted this Privacy Policy to explain what information may be collected on our Websites, how we use this information and under what circumstances we may disclose the information to third parties. This Privacy Policy, together with the Terms of Use posted on our Websites, sets forth the general rules and policies governing your use of our Websites. Depending on your activities when visiting our Websites, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our Websites and you should review it frequently, as we reserve the right to change it from time to time without prior notice to you. Any changes will be effective immediately upon posting of the revised Privacy Policy. Edible Media will not use your personally identifiable information, however, in a manner materially different than what was stated at the time it was collected without your consent. WHEN YOU ACCESS OUR WEBSITES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITES.

INFORMATION WE COLLECT
Our Websites typically collect two (2) kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not.
1. Personally Identifiable Information:
  Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Websites. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Websites. For instance, you may: (a) provide your name, mail/shipping address, e-mail address, credit card number and phone number when registering with our Websites, using our online store or in connection with a contest entry; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; or (c) post a product rating and recommendation on our Websites. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer or gain access to certain content on our Websites.
2. Non-Personal Information:
  Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third-party service providers obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We and/or our third-party service providers also automatically collect certain non-personal information from you when you access our Websites.Click here: http://www.nielsen-netratings.com/privacy/sitecensus.htm to learn more information about one way in which we use a third-party service to collect and use information on our Websites.
HOW WE USE & SHARE THE INFORMATION COLLECTED
1. Personally Identifiable Information:
  The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, to provide you with information or services or process transactions that you have requested or agreed to receive, to provide you with marketing or promotional information for our products or those of our parent company, subsidiaries or other affiliated companies (“affiliated companies”), to communicate with you about content or other information you have posted or shared with us via our Websites or with regard to your use of the Websites and, in our discretion, changes to the Websites and/or Website policies, for internal business purposes, or for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. You may opt-out from receiving future promotional information from us, or direct that we not share your information in the future with any affiliated companies or third parties for their direct marketing purposes, as set forth below in Section I.In certain instances we may also share your personally identifiable information with our third-party vendors performing functions on our behalf (or on behalf of our affiliated companies) – e.g., vendors that process credit card orders, deliver our merchandise, administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests. In addition, we may share your personally identifiable information with participating sponsors to a program or promotion (e.g., a sweepstakes or contest) you enter via our Websites, and with third parties who assist us in using the content or other information you have posted or shared with us via our Websites (e.g., production companies we may use). Further, we may share your personally identifiable information with third parties such as our co-promotional partners and others with whom we have marketing or other relationships. Except as provided in this Privacy Policy, our Terms of Use, or as set forth when you submit the information, your personally identifiable information will not be shared or sold to third parties without your consent.
2. Non-Personal Information:
  In addition to any personally identifiable information or other information that you choose to provide to us on the Websites, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain web site usage information whenever you visit or interact with the Websites. This information may include browser type, operating system, the page served, the time, the source of the request, the preceding page view, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise improve the Websites. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively, referred to herein as a “Device Identifier”). A Device Identifier is a number that is automatically assigned to your Computer, and we may identify your device by its Device Identifier. When analyzed, usage information helps us determine how our Websites are used, such as what types of visitors arrive at the Websites, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your Device Identifier or web site usage information with the personally identifiable information you provide, but we will treat the combined information as personally identifiable information. Web site usage information may be collected using various methods, such as the following:Web Beacons – Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Websites, to monitor how users navigate the Websites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.Cookies – A cookie is a data file placed on a Computer when it is used to visit the Websites. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Websites. You may be able to remove, reject and/or disable some types of cookies using your browser’s preferences or other programs. Some features of the Websites may not function properly or may operate slowly if you disable, delete, or refuse to accept cookies. Some of the cookies we use may be “Flash” cookies. A Flash cookie is a data file placed on a Computer via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Computer. While they are harmless, depending on your browser, these cookies may not be deleted when your cookies are deleted or disabled and, in some instances, they may cause your cookies to reappear in your browser. Please check your browser to determine where these types of cookies are stored and how they may be deleted or disabled.Mobile Device Identifiers – Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Websites through mobile devices. Certain features of our Websites may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.Embedded Scripts – An embedded script is programming code that is designed to collect information about your interactions with the Websites, such as the links you click on. The code is temporarily downloaded onto your Computer from our web server or a third-party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.Information collected through passive means may be non-identifying or may be associated with you. In the latter case it will be treated as personally identifiable information.We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information.
3. Information You Provide About A Third Party
  If you send someone else a communication from the Websites, such as sending Website content to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Websites, your e-mail address may be included in the communication sent to your friend
4. Information Third Parties Provide About You
  We also may, from time to time, supplement the information we collect with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those other sources with information we collect through the Websites. In those cases, we will apply this Privacy Policy to any personal identifiable information received, unless otherwise specifically disclosed by us at the time you provide your personally identifiable information.
OTHER USES
1. E-mail Communications:
  If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personally identifiable information, such as passwords, social security numbers or bank account information, to us by e-mail. Further, we may send you e-mail under the following circumstances: (a) if you request a particular service or sign up for a feature that involves e-mail communications; (b) if it relates to purchases you have made with us (e.g., product updates, customer support, etc.); (c) if we are sending you information about our other products and services; (d) if you consented to being contacted by e-mail for a particular purpose; (e) if you send us an e-mail, post information on the Websites (i.e., a blog) or otherwise submit information to us electronically, we may e-mail you to follow-up or otherwise communicate with you with respect thereto; (f) to provide you legal notices or notices with respect to your use of the Websites; or (g) to otherwise facilitate a transaction between us. In certain instances, we may provide you with tools on the Websites that will allow you to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial e-mail communications from us by clicking the “unsubscribe” link or following the other instructions included at the bottom of most e-mails we send, or as provided below in Section I; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
2. Transfer of Assets:
  As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
3. Other:
  Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to notices and counter-notices pursuant to our DMCA notice and takedown policy and procedures and/or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Websites, or other users; or (d) in an emergency to protect the health and safety of our Websites’ users or the general public.
4. Sweepstakes Contests and Promotions:
  We may offer sweepstakes, contests, and other promotions through the Websites that may require registration. By entering any promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion. If you choose to enter a sweepstakes, contest or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion’s official rules, such as on a winners list.
5. Third Party Ad Server Networks:
  The Websites may use third parties such as network advertisers to serve advertisements on the Websites and may use traffic measurement services to analyze traffic on the Websites. Network advertisers are third parties that display advertisements based on your visits to the Websites and other websites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Websites’ third-party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies and other technologies on your Computer and track certain behavioral information regarding users of your Computer via a Device Identifier. These third party cookies and other technologies are set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies, web beacons, and other third party technologies are governed by each third party’s specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Websites, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect this and other web sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s web site accessible by the above link.
PUBLIC FORUMS
We may offer chat rooms, message boards, bulletin boards or similar public forums where you and other users of our Websites can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personally identifiable information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.
CHILDREN
The features, programs, promotions and other aspects of our Websites requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us atinfo@ediblemanhattan.com. A parent or guardian of a child under the age of thirteen (13) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
OTHER SITES/LINKS
Our Websites may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Websites and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Websites and to read the privacy statements of all third party websites before submitting any personally identifiable information.
THIRD PARTY APPLICATIONS
Third party applications may be available via the Websites. The owners of these applications (“Third Party Owners”) may collect personally identifiable information from you and may have their own policies and practices. We are not responsible for how Third Party Owners or their applications use your personally identifiable information. These Third Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these policies or the practices of Third Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third party application or otherwise interacting with it.
CONTACT & OPT-OUT INFORMATION
The Websites may include subscription and registration management tools that allow you to make changes regarding your preferences for receiving communications. Regardless of whether these tools are available through the Website, you may contact us as at info@ediblemanhattan.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided to us; (c) want to opt-out from receiving future commercial correspondence, including e-mails, from us (we may continue to send you transactional messages such as responding to your inquiries); or (d) wish to withdraw your consent to our future sharing of your personally identifiable information with third parties for their direct marketing purposes.We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Websites. Also, please note that it is not always possible to completely change, remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Websites such as in forums or blogs, these communications are generally not removed by us.
CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
The Websites are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Websites or providing us with any information, you consent to this transfer and processing of your information in the United States.
SOLE STATEMENT
This Privacy Policy as posted is the sole statement of our privacy policy with respect to the Websites, and no summary, modification, restatement or other version thereof or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Websites.

Terms and Conditions

INTRODUCTION AND ACCEPTANCE

These “Terms of Use” apply to the Websites controlled by Edible Media and/or its subsidiary and affiliated entities (“Edible Communities”, “us”, “we”, or “our”) where these Terms of Use are posted. “Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively, “Computer”)) and other interactive features, applications or downloads that are operated by us and that are available through, or interact with, Websites where these Terms of Use are posted.

PLEASE READ THESE TERMS OF USE AND APPLICABLE ADDITIONAL TERMS (DEFINED BELOW) CAREFULLY BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING AND/OR USING THE WEBSITES (OTHER THAN TO READ THESE TERMS OF USE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 18 BELOW. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITES IF YOU DO NOT AGREE.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites and the materials and information available on the same and the possibility of publication or publicity of your User Content (as defined in Section 6). In addition to these Terms of Use, Edible Media has established a Privacy Policy to explain how user information is collected and used by Edible Media. A copy of this Privacy Policy can be found here: Privacy Policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to Edible Media’s Privacy Policy.

INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the Websites (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Websites, the compilation, assembly and arrangement of the materials of the Websites and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities and trade dress that may appear on the Websites are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
WEBSITE ACCESS AND USE
1. Access to the Websites, including, without limitation, the Website Content, is provided for your information and personal, non-commercial use only. When using the Websites, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, subject to your strict compliance with these Terms of Use, you may download (temporary storage only), display, view use, play and/or or print (as applicable) one (1) copy of the Website Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display on your Computer) on any single Computer for your limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable use only. In some instances, we may permit you to have greater access to and use of Website Content, subject to Additional Terms applicable thereto. You acknowledge that you do not acquire any ownership rights by downloading, printing or otherwise using or accessing the Website Content.
2. Furthermore, except as expressly permitted in these Terms of Use or applicable Additional Terms, you may not:
  1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Websites or Website Content or on any copy you make of the Website Content;
  2. circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Websites or Website Content;
  3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Websites or Website Content for any purpose without the express written permission of Edible Media, frame the Websites or Website Content except to the extent we have given you explicit permission to do so, or use any of our trademarks as meta tags. Notwithstanding the foregoing, Edible Media grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  4. collect or harvest any personally identifiable information from the Websites, including, without limitation, user names, passwords, e-mail addresses;
  5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  6. attempt to or interfere with the proper working of the Websites or impair, overburden, or disable the same;
  7. decompile, reverse engineer, disassemble, modify or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Websites;
  8. use network-monitoring software to determine architecture of or extract usage data from the Websites;
  9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 5(B)) without permission, etc.);
  10. use the Website Content in a manner that suggests an association with any of our networks, products, services or brands;
  11. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  12. engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites or that violates these Terms of Use or applicable Additional Terms.
3. You agree to cooperate fully with Edible Media to investigate any suspected or actual activity that is in breach of these Terms of Use or applicable Additional Terms.
4. You also agree that you will be responsible for obtaining and maintaining all Computer hardware and other equipment needed for access to and use of the Websites and you will be responsible for all charges related thereto.
CONDITIONS FOR LINKING TO WEBSITE
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Websites and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms of Use or applicable Additional Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
USER REGISTRATION
1. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise submit personal information to Edible Media. For more information about children, see Section E of our Privacy Policy.
2. If you become a registered user, you will provide true, accurate, current and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with us, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer or assign your Membership or any Membership rights. You agree to notify us immediately at info@ediblemanhattan.com of any breach of security or unauthorized use of your Membership. We reserve the right to terminate your account or otherwise deny you access to the Websites in our sole discretion for any or no reason without notice and without liability.
USER CONTENT
1. We may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the Websites (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Except for any Website Content included in your User Content we have given you permission to use, and subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for same, but you grant us the right to protect and enforce our and our licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use or applicable Additional Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant us these licenses. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use or applicable Additional Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to us. Subject to these Terms of Use and applicable Additional Terms, we grant you the limited, revocable, non-exclusive permission to use Website Content in your User Content as may from time to time be made available on the Websites specifically for that purpose, but only for such purposes as may be explicitly stated at the time such Website Content is so made available on the Websites; provided, however, we retain the ownership of such Website Content.
2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
3. You represent, warrant, and covenant that you will not submit any User Content that:
  1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
  2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
  3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  4. is an advertisement for goods or services or a solicitation of funds;
  5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references unless specifically requested by us;
  6. contains a formula, instruction, or advice that could cause harm or injury;
  7. is a chain letter of any kind;
  8. the licensed use by us hereunder would result in us having any obligation or liability to any party;
  9. depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or
  10. violates these Terms of Use or applicable Additional Terms
  11. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
4. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, for any purpose whatsoever, including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites, these Terms of Use and applicable Additional Terms. Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Except as otherwise described in the Website’s posted Privacy Policy or applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Content; or creating informational articles based on or advertising our products and services. You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet.
5. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
6. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
7. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain, accept, display, exploit or otherwise make use of User Content, do not guarantee distribution of User Content and User Content will not be returned and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Websites. We may discontinue operation of the Website, or your use of the Websites, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Websites and we have no obligation to return your User Content or otherwise make it available to you. We may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that we reserve the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which we will not exercise editorial control except to block or remove content that is obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable or to enforce the rights of third parties.
8. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion; provided, however, the rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to info@ediblemanhattan.com.
WEBSITE CONTENT & THIRD PARTY LINKS
1. We provide the Websites, including, without limitation, Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on the Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
2. In many instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Websites by anyone other than authorized employees or spokespersons while acting in their official capacities.
3. If there is a dispute between persons accessing the Websites or between persons accessing the Websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Edible Media and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
4. The Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
MOBILE
The Websites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Websites via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Websites from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We typically do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Websites to reflect this change.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Edible Media and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
1. your access to or use of the Websites;
2. User Content provided by you or through use of your Membership;
3. any actual or alleged violation or breach by you of these Terms of Use or applicable Additional Terms;
4. any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
5. your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, EDIBLE MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
1. WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS;
2. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITES OR WEBSITE CONTENT;
3. WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
4. WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH THE WEBSITES;
5. WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES;
6. WARRANTIES THAT YOUR USE OF THE WEBSITES WILL BE SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE;
7. WARRANTIES THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
8. WARRANTIES THAT THE WEBSITES (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION ON LIABILITY
1. UNDER NO CIRCUMSTANCES SHALL EDIBLE MEDIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FORSEEABLE OR IF EDIBLE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE WEBSITES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EDIBLE MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY EDIBLE MEDIA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. In some jurisdictions limitations of liability or of warranties are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
TERMINATION
1. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Websites for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use or applicable Additional Terms. You agree that Edible Media shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Websites.
2. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to info@ediblemanhattan.com.
3. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 20. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Computer.
COPYRIGHT POLICY
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. For more information on our DMCA policy, please click on this hyperlink: Infringements.
1. Edible Media respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, Edible Media may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, Edible Media may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Edible Media’s Designated Agent may be reached at: info@ediblemanhattan.com
3. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against Edible Media that may arise out of, relate to, or be in any way connected with our Website, these Terms of Use or applicable Additional Terms, and which are not subject to the arbitration provisions of Section 15 below, shall be brought exclusively in the state and federal courts of New York located in New York county and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
DISPUTE RESOLUTION; BINDING ARBITRATION
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Edible Media together.
1. We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem and the proposed resolution. You agree to contact us with Disputes by contacting us at the address provided in Section 15(B)(ii) below. We will contact you based on the contact information you have provided us.
2. We each agree to finally settle all Disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the prevailing party(ies) damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
  1. “Disputes” are any claims or controversies against each other related in any way to the Websites, Website Content or these Terms of Use – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims Edible Media may bring against you; provided, however, that any issues relating to Edible Media’s intellectual property rights, including any such rights Edible Media claims that may be in dispute, shall only be subject to arbitration if Edible Media’s General Counsel agrees in writing to have such subject to arbitration.
  2. If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the Dispute and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: info@ediblemanhattan.com. We agree to make attempts to resolve the Dispute. If the parties cannot resolve the Dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the Dispute to formal arbitration.
  3. The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
  4. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. In the event AAA is unwilling or unable to set a hearing date within forty-five (45) days of the filing of a “demand for arbitration”, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. and from JAMS at (949) 224-1810 or http://www.jamsadr.com. If applicable law requires Edible Media to pay a greater portion of the arbitration fees then provided under the applicable arbitration service’s rules in order for the arbitration provision to be enforceable, Edible Media shall have the discretion to elect to pay such fees and proceed to arbitration. Discovery shall be permitted pursuant to the applicable arbitration rules. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a statement of the essential findings and conclusions on which the award is based. The award shall be enforceable by any court with jurisdiction over the parties.
  5. The arbitration will be conducted by a single neutral arbitrator who is a lawyer or a retired judge. If an in-person hearing is required, the arbitration hearing will be conducted in the metropolitan statistical area in which you are a resident at the time the Dispute is submitted for arbitration. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
  6. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the Dispute must be brought in court. The provisions of this Section will not apply to any legal action taken by Edible Media to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Websites, any Website Content, your User Content and/or Edible Media’s intellectual property rights.
  7. Except where prohibited or limited by applicable law, the prevailing party(ies) in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
3. Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND EDIBLE MEDIA WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND EDIBLE MEDIA WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
AMENDMENT; ADDITIONAL TERMS
1. We reserve the right in our sole discretion and at any time without prior notice and for any reason, to modify or discontinue any aspect or feature of the Websites or to modify or add to these Terms of Use (“Updated Terms”). In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Websites generally, unique parts of the Websites, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
2. Updated Terms or Additional Terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail or conventional mail. It is your responsibility to review the Terms of Use and the Websites from time to time for any Updated Terms or Additional Terms. Your access and use of the Websites after we have posted the Updated Terms (or engaged in such other conduct as we may reasonably specify) or applicable Additional Terms will signify your assent to and acceptance of the same, which will be effective as of the time of posting, or such later date as may be specified therein, and will apply to your use of the Websites from that point forward. If you object to any Updated Terms or to any Additional Terms, you may terminate your Membership as provided in Section 12(B) herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Websites.
TERRITORIAL RESTRICTIONS
Software related to or made available by the Websites and/or Website Content may be subject to United States export controls. Thus, no software from the Websites and/or Website Content may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Websites and/or Website Content, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
MISCELLANEOUS
1. Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. Edible Media has the right to determine your compliance with these Terms of Use in our sole discretion. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be unlawful, void, or for any reason invalid or unenforceable, then that provision will be deemed severable from these Terms of Use and the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
2. These Terms of Use (including the Privacy Policy and any Updated Terms or Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Edible Media may assign these Terms of Use or any rights hereunder without your consent and without notice.

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