Terms of Use
The Culinary Institute of America
TERMS AND CONDITIONS
DESCRIPTION OF SERVICES
The Culinary Institute of America ("CIA") currently provides users with access to bulletin board services and personalized e-mail services for current students and alumni (the "Services"). By registering, you understand and agree that use of CIA's website may involve exposure to advertisements and may entail receipt of certain communications from CIA, such as service announcements, administrative messages and newsletters. Unless explicitly stated otherwise, any new features added to these Services shall be subject to these Terms and Conditions.
REGISTRATION
In consideration of your registration and use of these Services, you agree to provide and timely maintain true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that does not comport with these requirements, or if CIA has reason to suspect that information you provided is untrue, inaccurate, not current or incomplete, CIA has the right to suspend or terminate your account and refuse any and all current or future use of any or all Services.
You must be at least 13 years of age to register as a user.
All information used for registration and certain other information about users is subject to our Privacy Policy. To read our privacy policy click here: http://menuscience.ciachef.edu/privacy
PASSWORD AND SECURITY
Upon completing registration, you will be assigned a password and user name. You bear sole responsibility for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to immediately notify CIA of any unauthorized use of your password, user name or account or any other breach of security, and ensure that you exit from your account at the end of each session. CIA is not liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. CIA does not control or guarantee the accuracy, integrity or quality of such Content. By using the Services, you may be exposed to Content that is offensive, indecent or objectionable. CIA is not liable in any way for any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available through these Services.
You agree to not use these Services to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships;
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
CIA does not screen all Content, and by registering, you acknowledge that CIA or its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via these Services. Without limiting the foregoing, CIA and its designees have the right to remove any Content that violates these Terms and Conditions or that is otherwise objectionable. All risks associated with the use of any Content are borne by the user, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that CIA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CIA, its users or the public.
You acknowledge that the technical processing and transmission of the Services, may involve transmissions over various networks that may not be secure. These transmissions may involve changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT
CIA does not claim ownership of submitted Content. However, by posting, uploading, inputting, e-mailing, providing or submitting Content, you are granting CIA, permission to use such Content including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content and to publish your name in connection with your Content.
No compensation will be paid with respect to the use of your Content as provided herein. CIA is under no obligation to post or use any Content you may provide
.
By posting, uploading, inputting, providing or submitting Content, you warrant and represent that you own or otherwise control all of the rights, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INDEMNITY
You agree to indemnify and hold CIA, and its subsidiaries, affiliates, officers, agents, or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms and Conditions, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, or access to the Services.
GENERAL PRACTICES
You acknowledge that CIA may establish general practices and limits concerning use of any Services, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on CIA or CIA's partner's servers on your behalf, and the maximum number of times and duration you may access Services in a given period of time.
You agree that CIA has no responsibility or liability for the deletion, corruption or failure to store any messages or other Content maintained or transmitted via these Services. You acknowledge that CIA reserves the right to suspend or terminate accounts that are inactive for an extended period of time.
MODIFICATIONS TO SERVICES
CIA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TERMINATION
You agree that CIA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if CIA believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. CIA may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that CIA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that CIA shall not be liable to you or any third-party for any termination of your access to the Services.
PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained on the site or in information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CIA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
CIA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the user interface that is provided by CIA for use in accessing the Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
CIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
TRADEMARK INFORMATION
Without CIA's prior permission, you agree not to display or use CIA's Marks in any manner. These marks include, but are not limited to:
The Culinary Institute of America ®
Preparation is Everything ®
mise en place ®
TASTE ®
The Professional Chef ®
Remarkable Service (SM)
prochef (SM)
Apple Pie Bakery Café (SM)
We Speak Food (SM)
LINKS
CIA provides links to third party Web sites solely as a convenience to you. If you click-on these links, you will leave CIA's site. CIA has not reviewed all of these third party sites, and neither controls, nor is responsible for any of these sites or their content. CIA does not endorse or make any representations of any kind about these sites or any of the content and products and services provided on them. You agree that your use of any third party Web site from a link on CIA site is entirely at your own risk.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. By accessing this Web site, you and CIA agree that the statutes and laws of the State of New York, without regard to choice of law principles thereof, will apply to all matters relating to use of the Web site. You consent irrevocably to personal jurisdiction in the federal and state courts of New York County, New York for any action arising out of or relating to your use of the Web site. The federal and state courts of New York County, New York shall have exclusive jurisdiction over all such actions.
This Agreement constitutes the entire agreement between you and CIA with respect to your use of the Web site. The provisions of this Agreement are severable. In the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
By using this Web site, you agree to these terms.
Last Updated: 12/27/2003
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