Terms and Conditions

1. This page contains the terms and conditions (the “Terms”) for chocolateandzucchini.com (the “Site”). By accessing this Site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

2. These Terms may be occasionally updated. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. By using this Site you agree to be bound by the then current version of these Terms.

Use of Site

3. You are permitted to use our Site for your own personal use and to print and download material from this Site provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to content on this Site. Material on this Site must not otherwise be reproduced or republished, either online or offline, without our permission. Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited.

Intellectual Property Information

4. The copyright and other intellectual property rights in all material on this Site are owned by us or our licensors and must not be reproduced without our prior written consent.

(a) This material includes, but is not limited to, the texts, recipes, photos, design, layout, look, appearance and graphics.

(b) Chocolate & Zucchini is a registered trademark and is the sole and exclusive property of Clotilde Dusoulier. You may not use it for any purpose whatsoever without the express prior written permission of the owner.

5. Subject to paragraph 3, no part of this Site may be reproduced without our prior written permission.

Site Up Time

6. We take all reasonable steps to ensure that this Site be available 24 hours every day, 365 days per year. However, Sites do sometimes encounter downtime due to maintenance, server or technical issues. Therefore we will not be liable if this Site is unavailable at any time.

Visitor Conduct

7. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Site shall be considered non-proprietary and not confidential. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Site, by e-mail or in any other way. All comments, feedback, suggestions, ideas and similar submissions furnished in connection with your use of this Site shall be deemed assigned to and shall remain our property. No such submissions shall be subject to any obligation of confidence on our part, and we shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure.

8. When using this Site you shall not post or send to or from this Site any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

9. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Site in breach of paragraph 8 of these Terms.

10. By posting content to this Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.

11. You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this Site, any content you supply to this Site, or your violation of these Terms or the rights of another.

Links to and from Other Sites

12. Any links to third party Sites located on this Site are provided for your convenience only. We have not reviewed each third party Site and have no responsibility for such third party Sites or their content. We do not endorse the third party Sites or make representations about them or any material contained in them. If you choose to access a third party Site linked to from this Site doing so is at your own risk.

13. Links to other Sites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.

14. If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, any page on this Site, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) your Site does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.

15. If you choose to link to our Site in breach of Paragraph 14 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

DISCLAIMER OF WARRANTIES.

16. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SITE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE.

17. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEB SITE.

18. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE SITE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE SITE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE SITE “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SITE OR ITS LICENSOR OR SUPPLIER.

19. UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH THE SITE. THE SITE HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.

LIMITATION OF LIABILITY.

20. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE SITE, ITS TEAM, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE SITE FOR YOUR USE OF THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Termination of Use

21. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms.

Miscellaneous

22. If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of this Site to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against this Site arising out of or related to use of this Site or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

Minors

23. This Site is not intended for use by or availability to minors. If you are not legally an adult under the law where you live or if you are under 13 years of age, you may not access or use this site.

Governing Jurisdiction

24. These Terms shall be governed by and construed in accordance with the law of France. By using this Site you agree that any dispute(s) arising in connection with this Site are subject to the exclusive jurisdiction of France.

Contact

25. Should you wish to contact us about these Terms, please send an email via this contact form.

This document was last updated on November 24, 2013.

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