Last Revised: May 25, 2012
Terms And Conditions Of Use
The following Terms and Conditions apply to and govern your use of Marcus Samuelsson Group and any services offered through Marcus Samuelsson Group, including forums, personal profile pages, commentary pages, blogs, RSS feeds, food and restaurant reviews and newsletters, among other offerings (the “Services”). Your use of Marcus Samuelsson Group and its Services signifies your agreement to be bound by these Terms and Conditions. You also agree to use Marcus Samuelsson Group and its Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions outlined below and otherwise set forth on Marcus Samuelsson Group.
If you do not agree to these Terms and Conditions, you may not access or use MarcusSamuelsson.com or the Services.
License to Use the Site
Marcus Samuelsson Group grants you a limited, non-exclusive and non-transferable right to access, use and display Marcus Samuelsson Group and the materials thereon, and use the Services, for your personal purposes only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of Marcus Samuelsson Group or the Services in any way through any means or device, including but not limited to spamming, hacking, uploading computer viruses or time bombs, or by any other means.
Some areas of MarcusSamuelsson.com (the “Site”) may require registration. By registering, accepting these Terms & Conditions, and uploading Communications (as defined below), you represent and warrant to Marcus Samuelsson Group the following: (a) all of the information provided by you to Marcus Samuelsson Group to enroll and participate in the Forums is correct and current; (b) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (c) you are the creator of the Submitted Content you upload to the Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (d) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
Marcus Samuelsson Group owns, controls, and licenses, or otherwise has the right to use and provide, MarcusSamuelsson.com and all material thereon, including without limitation all text, images, articles, photographs, illustrations, audio and video clips contained therein (collectively, the “Site Material”). Marcus Samuelsson Group is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other intellectual property laws. Marcus Samuelsson Group is the owner of the copyright in and to MarcusSamuelsson.com and the Services, and the selection, coordination, arrangement and enhancement of each of them. You agree to abide by any and all copyright notices, rules and restrictions displayed therein.
Except as provided in these Terms and Conditions, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse-engineer, create derivative works from, or otherwise exploit any of the Site Material or any part of Marcus Samuelsson Group without the prior written consent of Marcus Samuelsson Group. You may download one (1) copy of Site Material for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Site Material, including without limitation the trademarks and service marks of Marcus Samuelsson Group and its affiliates or the copyright holder identified in the individual Site Material’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from Marcus Samuelsson Group, you may not make any changes in or deletions of author attributions, trademarks, legends or copyright notices.
Marcus Samuelsson Group’s logos are trademarks and/or service marks of Marcus Samuelsson Group and may not be used without the permission of Marcus Samuelsson Group. All rights reserved. Any other marks appearing on Marcus Samuelsson Group are the property of their respective owners and may not be used without permission.
Changes to These Terms and Conditions
Marcus Samuelsson Group reserves the right to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, in its sole discretion. Changes to these Terms and Conditions will be effective when posted. Your continued use of Marcus Samuelsson Group after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that Marcus Samuelsson Group will not be liable to you or any third party in the event that Marcus Samuelsson Group exercises its right to modify or terminate your access to Marcus Samuelsson Group or any of its content or Services.
Changes to Marcus Samuelsson Group
Marcus Samuelsson Group shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of Marcus Samuelsson Group, including but not limited to the Site Material, Services features, or hours of availability. Marcus Samuelsson Group may also impose limits on certain features and Services or restrict your access without notice or liability. You acknowledge and agree that Marcus Samuelsson Group will not be liable to you or any third party in the event that Marcus Samuelsson Group exercises its right to modify or terminate access.
You and other visitors to Marcus Samuelsson Group are invited to post appropriate and relevant information or commentary, including but not limited to, facts, advice, “tips” and opinions, in the forums available through Marcus Samuelsson Group. You acknowledge that the posted information may be viewed by you and/or other users of Marcus Samuelsson Group. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Communications”) on or through Marcus Samuelsson Group, you agree that you are solely responsible for such Communications and that you, and not Marcus Samuelsson Group, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit.
By using Marcus Samuelsson Group, you agree that you:
- Will only use Marcus Samuelsson Group and the Services for lawful purposes and in accordance with these Terms and Conditions and with any applicable Community guidelines;
- Agree to provide us with accurate information in connection with any registration through Marcus Samuelsson Group and to take responsibility for the information you provide; and
- Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
Without limiting the foregoing, you agree not to use Marcus Samuelsson Group or any of the Services to:
- Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or sexually explicit;
- “Stalk” another person;
- Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, socioeconomic status or disability;
- Harm minors in any way;
- Impersonate any person or entity, including but not limited to a Marcus Samuelsson Group official, employee, forum leader, moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on, to or through our Site or any Services;
- Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, including but not limited to proprietary or confidential information learned or disclosed as part of employment relationships or otherwise barred from disclosure pursuant to the terms of a confidentiality agreement);
- Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other rights of any party;
- Upload, post, email or otherwise transmit, under any circumstances: (a) “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or (b) any other form of solicitation, except in those areas that have been expressly designated for such purpose;
- Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
11.Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of Marcus Samuelsson Group are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Interfere with or disrupt any of Marcus Samuelsson Group or servers or networks connected to Marcus Samuelsson Group, or disobey any requirements, procedures, policies or regulations of networks related to any Service; or
- 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 other regulations having the force of law.
You also agree that you will not harvest, collect or store information about the users of Marcus Samuelsson Group or communications posted by others on Marcus Samuelsson Group or use such information for any purpose, including without limitation, for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You understand that the technical processing and transmission of Marcus Samuelsson Group, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Marcus Samuelsson Group assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Marcus Samuelsson Group.
Any Communication on any area of Marcus Samuelsson Group may be purged periodically by Marcus Samuelsson Group, for any reason or no reason. You acknowledge and agree that whenever you view or post a Communication on Marcus Samuelsson Group, you do so at your own discretion and accept any and all related risk, including the risk of reliance on the accuracy, completeness, or usefulness of any such Communication. You are consequently cautioned not to rely on any Site material or other content appearing on Marcus Samuelsson Group, and you acknowledge that you should not do so. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Marcus Samuelsson Group, and that Marcus Samuelsson Group does not support or endorse any content or views posted by you or any user.
Monitoring, Editing and Disclosure of Communications
You agree that Marcus Samuelsson Group has the right, but not the obligation, to monitor Communications posted by you or others at any time in its sole discretion, and for its own purposes (including its efforts, to assure compliance with these Terms and Conditions and any other operating rules that Marcus Samuelsson Group may establish from time to time). Notwithstanding this right, Marcus Samuelsson Group does not and cannot review all Communications, and Marcus Samuelsson Group is not responsible for any Communications. Marcus Samuelsson Group reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication as may be necessary to comply with any law, regulation or government or agency request, or if, in Marcus Samuelsson Group’s sole discretion, such Communication is in violation of these Terms and Conditions or is otherwise objectionable.
You understand that the comments of others displayed in connection with your Communications may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. Marcus Samuelsson Group expressly disclaims any liability for any the Communications of third parties. You acknowledge and agree that Marcus Samuelsson Group shall have the right (a) to include any third-party Communications in Marcus Samuelsson Group’s content and in any and all forms of advertising, promotion, and publicity for Marcus Samuelsson Group, and (b) to broadcast and otherwise exploit your Communications, either together with or without comments by third parties, in any manner and in any media, whether now existing or hereafter developed.
Marcus Samuelsson Group’s Rights in Materials Provided by Users
Marcus Samuelsson Group welcomes your comments. However, any and all Communications provided by you to us may be included in a database owned by Marcus Samuelsson Group and its subsidiaries and affiliates, and in which we possess all rights and interest, including but not limited to, a compilation copyright. We reserve the right to use any Communication you provide to us, or any information or materials contained therein or that we otherwise obtain through your use of Marcus Samuelsson Group, in any manner and to the fullest extent permitted by law.
By using Marcus Samuelsson Group, you grant to Marcus Samuelsson Group a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Communications that you post, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications, including without limitation any and all rights under the copyright, trademark, service mark or patent laws of any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Marcus Samuelsson Group of any material or idea submitted by you in any Communication, or to receive any compensation for such use. You waive all right to assert any claim against Marcus Samuelsson Group for any alleged or actual infringement of any proprietary right, right of privacy or publicity, moral rights, or right of attribution in connection with such Communications. You agree and understand that Marcus Samuelsson Group has no obligation to use any material or ideas submitted by you in any Communication in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from Marcus Samuelsson Group are not confidential, and to that extent your Communications may be read or intercepted by others. You acknowledge that by submitting any Communication to Marcus Samuelsson Group, no confidential, fiduciary, contractually implied or other relationship is created between you and Marcus Samuelsson Group or any Marcus Samuelsson Group affiliate or subsidiary, other than pursuant to these Terms and Conditions. Marcus Samuelsson Group shall not be responsible for the payment of any amounts to any party in connection with Marcus Samuelsson Group’s use of Communications submitted by you.
Marcus Samuelsson Group respects the intellectual property of others, and we ask our users to do the same. Marcus Samuelsson Group may, in appropriate circumstances and at its unfettered discretion, terminate the access of users, subscribers and account holders who infringe the intellectual property rights of others.
If you believe that your work has been copied and made accessible on Marcus Samuelsson Group or any of the Services in a way that constitutes copyright infringement, or that Marcus Samuelsson Group contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Marcus Samuelsson Group by providing the information required under the Online Copyright Infringement Liability Limitation Act (a section of the Digital Millennium Copyright Act, the “DMCA”), 17 U.S.C. Section 512, to Marcus Samuelsson Group’s copyright agent, the Site Administrator. Click here to contact the Site Administrator.
To file a notice of infringement, you must provide a written notice that includes each of the following items:
— Detailed identification of the copyrighted work that you believe has been infringed;
— Detailed identification of the material you claim infringes this copyrighted work;
— Information reasonably sufficient to permit Marcus Samuelsson Group to contact you (e-mail address is preferred);
— The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringedâ€; and
— Your signature (an electronic signature is sufficient).
If we receive a notice of infringement from you, we will contact the allegedly infringing user and give that user an opportunity to respond to your notice, pursuant to the requirements of the DMCA.
You shall indemnify, defend and hold harmless Marcus Samuelsson Group, its affiliates, and all of their respective officers, directors, owners, agents, employees, Site Material providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of Marcus Samuelsson Group or its Services, including but not limited to any Communications attributable to you. Marcus Samuelsson Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Marcus Samuelsson Group.
Links to Other Web Sites
Marcus Samuelsson Group may contain links to third party sites and resources (the “Linked Sites”). Unless otherwise noted, links to and from any Linked Site do not constitute an endorsement by or association with Marcus Samuelsson Group or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Marcus Samuelsson Group or Marcus Samuelsson Group’s sponsors are affiliated or associated with, or are legally authorized to use, any trademark, trade name or logo displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Marcus Samuelsson Group or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or webmaster. Marcus Samuelsson Group does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Disclaimer of Warranties and Damages; Limitation of Liability
MARCUS SAMUELSSON GROUP, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH MARCUS SAMUELSSON GROUP, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARCUS SAMUELSSON GROUP DOES NOT WARRANT THAT MARCUS SAMUELSSON GROUP OR ANY OF ITS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. MARCUS SAMUELSSON GROUP DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF MARCUSSAMUELSSON.COM OR THE CONTENT THEREOF, THE SERVICES USED ON OR ACCESSED THROUGH MARCUSSAMUELSSON.COM OR ANY OTHER PRODUCTS OR SERVICES, HYPERTEXT LINKS TO THIRD-PARTY WEB SITES.
MARCUS SAMUELSSON GROUP SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH MARCUS SAMUELSSON GROUP OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO SESSION ID DATA, OR FOR ANY OTHER REASON ARISING FROM THE USE OF MARCUS SAMUELSSON GROUP OR ITS SERVICES, UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MARCUS SAMUELSSON GROUPâ€™S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH MARCUS SAMUELSSON GROUP OR ANY OF THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING MARCUS SAMUELSSON GROUP AND/OR THE SERVICES.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS. THEREFORE, EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE MARCUS SAMUELSSON GROUP.
UNDER NO CIRCUMSTANCES SHALL MARCUS SAMUELSSON GROUP OR ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, MARCUS SAMUELSSON GROUPâ€™S CONTENT, MATERIALS AND FUNCTIONS, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF THE CLAIMANT ENTITY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (NOTE, HOWEVER, THAYT SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.)
You agree that any claim or cause of action arising out of your use of Marcus Samuelsson Group or any Services must be filed within one year after such claim or cause of action arose, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
To use certain features of Marcus Samuelsson Group, you may need a username and password, in which event will be created through a registration process. You will be responsible for maintaining the confidentiality of any such password and account, and responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of such password or account, or any other breach of security, and to make sure that you exit from your account at the end of each online session. Marcus Samuelsson Group cannot and will not be liable for any loss or damage arising from your failure to protect any password or account information.
Notice to Users Outside the United States and Canada
Marcus Samuelsson Group makes no representation that Marcus Samuelsson Group or the Services are appropriate or available for use in locations other than the United States and Canada, and the European Community. Those who choose to access Marcus Samuelsson Group from locations outside of the U.S., Canada or the European Community do so upon their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions, or the use of Marcus Samuelsson Group or any its Services, shall be an appropriate State or Federal court located in New York County in the State of New York, and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be accorded any legal significance.
You acknowledge (a) that you have read and understood these Terms and Conditions; and (b) that these Terms and Conditions have the same force and effect as a signed agreement.
Contacting Marcus Samuelsson Group
If you have any questions regarding these Terms and Conditions and/or our Sites in general, please feel free to contact us at:
Marcus Samuelsson Group LLC
Marcus Samuelsson Group
2036 Fifth Avenue
New York, NY 10035
Fax: 1 (212) 319-1841
Click here to contact us electronically
These Terms and Conditions are effective as of March 1, 2009