TERMS & CONDITIONS
What are the Terms & Conditions?
Phillycookie.com terms and conditions for website use
Please read these Terms and Conditions For Website Use (the “Terms and Conditions”) carefully before using this website and any Phillycookie.com content on social media sites (including without limitation Facebook and Twitter) (together, the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site. If you choose to continue to use or access this Site after having the opportunity to read these Terms and Conditions, you recognize that Phillycookie.com has provided valuable consideration by offering this Site free of charge, and in exchange for that valuable consideration, you agree to the Terms and Conditions hereof. If you do not agree to these Terms and Conditions in their entirety, please do not use or access the Site.
These terms include an agreement to submit claims exclusively to individual (non-class) arbitration. See below.
Operator of the Site
This Website is owned and operated by the Phillycookie.com (‘Phillycookie.com’).
Content on the Site
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Phillycookie.com, its affiliated companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Phillycookie.com, no portion or element of the Site or its Content may be copied or re-transmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Phillycookie.com, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
Copyright and Trade marks
The copyright in all Content is and remains owned by Phillycookie.com, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the consent of Phillycookie.com. For purposes of these Terms and Conditions, the use of any such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trade mark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Phillycookie.com. Phillycookie.com does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Phillycookie.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
All trade marks, service marks, logos and trade names which appear on products of Phillycookie.com, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark “Phillycookie.com”, the Vector logo, the Phillycookie.com block logo,(the “Trade Marks”) remain the exclusive property of Phillycookie.com, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Phillycookie.com’s prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Phillycookie.com.
Establishing an Account/Profile
In order to purchase products or services from the Site or to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID and password.
Disclaimer of Warranties
This disclaimer (“Disclaimer”) applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from Phillycookie.com. This Disclaimer also does not apply to, for example, our offer or advertisement of any Phillycookie.com product or service including the content of any offer or advertisement on the Site.
Phillycookie.com is not offering this Site, in whole or in part, for sale to you. These Terms and Conditions are not a contract for sale, and this Site is not a “good” within the meaning of the Uniform Commercial Code. Instead, the Site and the Content are free of charge and provided “as is” and without any warranties of any kind. Phillycookie.com disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. There are no warranties which extend beyond the description on the face hereof. The information on the Site is for general information purposes only and does not constitute advice.
Phillycookie.com does not represent or warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. Further, Phillycookie.com will not provide for specific IT infrastructure or connectivity.
Limitation of Liability
This limitation of liability (“Limitation”) applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from Phillycookie.com. This Limitation also does not apply to, for example, our offer or advertisement of any Phillycookie.com product or service including the content of any offer or advertisement on the Site.
Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site “as is.” Neither Phillycookie.com nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site shall be liable to you or to any third party for your use of, or the inability to use, the Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Site.
Links to Third Parties
Misuse of the Site
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Phillycookie.com may deny you access to the Site at any time in its sole discretion and which shall include situations where Phillycookie.com believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws. You are further prohibited from using the Site to impersonate another person, user or Phillycookie.com staff, employee, or representative, imply that any statements you make are endorsed by Phillycookie.com, or post or transmit any material that could damage or disparage Phillycookie.com or any of its affiliate entities in any manner.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You may not, while accessing or using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person’s account; disguise the origin of any communications; alter, modify, frame, or “mirror” any Content; create a deep-link to our Site by by-passing our Site’s homepage; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user’s experience on the Site, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Phillycookie.com , and its parent and affiliate entities and those acting at their direction, shall have the non-exclusive, perpetual, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Phillycookie.com only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Phillycookie.com does not continuously monitor User Generated Content published by you or moderating between users, nor shall Phillycookie.com be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Phillycookie.com. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph. You understand that you and any other persons that are included in any of your Content may be requested by Phillycookie.com to sign documents acknowledging agreement to these Terms and Conditions. You acknowledge and agree that Phillycookie.com is not responsible for any content, including, user generated content, that purports to give advice, including medical advice, regarding diet, training, fitness or exercise or the use of any products or services.
Phillycookie.com reserves the right at its sole discretion, but has no obligation, to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Phillycookie.com believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Phillycookie.com. Phillycookie.com reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Site if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Conditions or our policies. Phillycookie.com reserves the right to cancel unconfirmed user accounts.
You agree to promptly notify Phillycookie.com in writing (see “How you can contact us” below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to Phillycookie.com sufficient information to enable Phillycookie.com to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. Phillycookie.com agrees to make good faith efforts to investigate such complaint and shall take such action as Phillycookie.com in its sole discretion decides. However, Phillycookie.com does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
You agree to indemnify and hold harmless Phillycookie.com and its affiliated companies against all costs, expenses, damages, losses and liabilities incurred or suffered by Phillycookie.com or its affiliated companies resulting from any User Generated Content posted or transmitted by you or from any violation by you of these Terms and Conditions.
Web Site Disputes
“Web Site Disputes” include: (a) any claim you may have against Phillycookie.com in connection with the Site, (b) any claim Phillycookie.com may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of a Phillycookie.com product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.
Web Site Dispute resolution – arbitration, jury trial waiver, and class action waiver
Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and Phillycookie.com intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and Phillycookie.com waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and Phillycookie.com waive any right to a jury trial for Web Site Disputes.
Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.
Any Web Site Dispute shall be determined by arbitration in New Jersey before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Phillycookie.com and its affiliated companies, or participate in a class action against Phillycookie.com and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Phillycookie.com and its affiliated companies, in any Web Site Dispute.
How You Can Contact Us
If you have any questions or comments about the Site or these Terms and Conditions or in the event that you wish to make a complaint regarding the Site (or its Content), then please click here.
Changes to the Terms and Conditions
Phillycookie.com reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If you continue to use the Site, check the footer for notice of changed Terms and Conditions. If the footer indicates that the Terms and Conditions have been changed, immediately read them. Your continued use of the Site after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms and Conditions means you accept those changes.
Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.
If you want to purchase products or services via the Site, please also read the Delivery Terms. Additional policies regarding orders are found in the Frequently Asked Questions on the Customer Service page. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site.
Applicability of Additional Terms and Conditions
Additional or different terms and conditions (“Other Terms”) may apply in connection with certain features (e.g. community pages, testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Software and other materials from the Site may be subject to applicable export control laws that prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Phillycookie.com does not authorize the use, downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by applicable export laws and regulations.
Applicable law and jurisdiction
These Terms and Conditions shall be governed by the laws of New Jersey. You and Phillycookie.com hereby submit to jurisdiction and venue in courts of the State of New Jersey.