Last Revised: October 19, 2016
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you”, or “your”) and Jessica Seinfeld, LLC and its affiliates, successors and assigns (“JessicaSeinfeld.com”, “us”, “our” or ‘we”), the owner and operator of the www.JessicaSeinfeld.com website (the “Site”) and all content and features contained therein, as well as the Jessica Seinfeld newsletter or email notifications or any related services provided by us (collectively, the “Services”), regarding your use of the Site and/or Services.
JessicaSeinfeld.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice or through posting of such notice on our website, as determined by JessicaSeinfeld.com in our sole discretion. JessicaSeinfeld.com reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. JessicaSeinfeld.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. JessicaSeinfeld.com may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last revised’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Site and Services. JessicaSeinfeld.com reserves the right, in its sole discretion, to modify, change, or discontinue all or any aspect of this Site or the Services at any time, to you or Users generally, or create usage limits for the Site or Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
This Agreement is a contract between you and Jessica Seinfeld, LLC. This Site and the Services are available only to Users who can form legally binding contracts. If you do not agree to any of the terms set forth in this Agreement, you may not use our Site or Services. Any use of or access to the Site or Services by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. The Site and Services are not available to any Users previously removed from the Site or Services by JessicaSeinfeld.com.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
You may be asked to register in order to use the Services, including JessicaSeinfeld.com’s newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. You are solely responsible for the confidentiality and use of any information you provide, and for any use, misuse, or communications entered through the Site or the Services using such information. JessicaSeinfeld.com will not be liable for any loss or damage caused by any unauthorized use of your registration information.
By accessing or using the Site or a Service, you agree that you will comply at all times with our Acceptable Use Policy.
The content on this Site and the Services, including without limitation the text (such as the articles and recipes found on our site and in our newsletter), software, scripts, source code, APIs, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Jessica Seinfeld Content”), are owned by Jessica Seinfeld, LLC or its licensors, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
JessicaSeinfeld.com Content is provided to you “as is”, “as available” and “with all faults” for your informational and personal, non-commercial use only. JessicaSeinfeld.com Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the prior written consent of Jessica Seinfeld, LLC. JessicaSeinfeld.com reserves all rights not expressly granted in and to Jessica Seinfeld Content, this Site and the Services; this Agreement does not transfer ownership of any of these rights, and, except as expressly set forth herein, this Agreement does not grant any right or license under any copyright, trademark, patent, or other proprietary right or license.
If you violate any part of this Agreement, your permission to access or use Jessica Seinfeld Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Jessica Seinfeld Content.
The trademarks, service marks, and logos of JessicaSeinfeld.com (“Jessica Seinfeld Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of JessicaSeinfeld.com. Other company, product, and service names located on the Site or any Beta Features may be trademarks or service marks owned by others (the “Third-Party Trademarks; collectively with Jessica Seinfeld Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the link is approved in advance by Jessica Seinfeld, LLC in writing. All goodwill generated from the use of Jessica Seinfeld Trademarks inures to JessicaSeinfeld.com’s benefit.
Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including the use of framing or mirrors. You must not use Jessica Seinfeld Content in any manner that may constitute an infringement of our rights or that has not been authorized by us.
You may choose to or we may invite you to submit comments or ideas about the Site or Services, including without limitation about how to improve the Site or Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place JessicaSeinfeld.com under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, JessicaSeinfeld.com does not waive any rights to use similar or related ideas previously known to JessicaSeinfeld.com, or developed by its employees, or obtained from sources other than you.
Some of the features of the Site or the Services may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback relating to JessicaSeinfeld.com’s recipes or articles (“On-Site User Content”). We may also make available interactive services through third-party websites and third-party social media platforms (“Third Party Platforms”) pursuant to which Users can post associated content (“Off-Site User Content”; collectively with On-Site User Content, “User Content”). By posting or publishing User Content to the Site or to the Services, or to Third Party Platforms, you represent and warrant to JessicaSeinfeld.com that (i) you have all necessary rights to distribute User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
JessicaSeinfeld.com has no obligation to treat your User Content as confidential or to develop or use your User Content. No compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that JessicaSeinfeld.com may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken or will take some other action.
If you post or publish your User Content to this Site or to Third Party Platforms you authorize JessicaSeinfeld.com to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, the Services, the applicable Third Party Platforms, and this Agreement. Accordingly, you hereby grant JessicaSeinfeld.com a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, the applicable Third Party Platforms and JessicaSeinfeld.com’s business, including promoting and redistributing all or part of this Site or Services in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
In connection with your User Content, you affirm, represent and warrant the following:
JessicaSeinfeld.com takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Site or Services. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site or Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that JessicaSeinfeld.com shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
JessicaSeinfeld.com reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. JessicaSeinfeld.com may remove any item of User Content (in the case of Off-Site User Content, remove any repost or publication of such Off-Site User Content from a Third Party Platform or the Site) and terminate a User’s access to this Site or the Services for violating this Agreement (as determined by JessicaSeinfeld.com in its sole and absolute discretion), at any time and without prior notice. If JessicaSeinfeld.com terminates your access to this Site or the Services, JessicaSeinfeld.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Since we respect artist and content owner rights, it is JessicaSeinfeld.com’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site or Services, please notify JessicaSeinfeld.com’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying JessicaSeinfeld.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with JessicaSeinfeld.com’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, JessicaSeinfeld.com has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. JessicaSeinfeld.com may also at its sole discretion limit access to the Site or Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
JessicaSeinfeld.com cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
This Site and the Services may contain links to third-party websites or other internet-based services that are not owned or controlled by JessicaSeinfeld.com. These links are provided solely as a convenience to you and do not constitute an endorsement by JessicaSeinfeld.com of the content on such websites or services nor of the business practices of those operating those websites or services. JessicaSeinfeld.com has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites or services. By using this Site or the Services, you expressly release JessicaSeinfeld.com from any and all liability arising from your use of any third-party website or services. Accordingly, JessicaSeinfeld.com encourages you to be aware when you leave this Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit or services you may use.
To the maximum extent permitted by law, you agree to indemnify and hold harmless JessicaSeinfeld.com, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site or Services with your unique username, password or other appropriate security code. JessicaSeinfeld.com reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your access to and use of the Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site, in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and Services.
THE SITE AND SERVICES ARE AVAILABLE “AS IS.” JESSICASEINFELD.COM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE OR SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA FEATURES, THE SITE OR SERVICES OR AVAILABLE THROUGH LINKS IN THE SITE OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE OR SERVICES DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE OR SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
JESSICASEINFELD.COM, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, IN ANY WAY RELATED TO THE SITE OR SERVICES OR FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM PROVIDED IN THESE TERMS). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE OR SERVICES.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT ANY CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY, UNLESS AGREED TO BY JESSICASEINFELD.COM AT ITS SOLE DISCRETION.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JessicaSeinfeld.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
If you have any questions about this Agreement, please contact us via email at in[email protected] or regular mail at the following address:
345 West 14th Street
New York, NY 10014