26 April 2011

Intellectual Property Rights

“SPOONFED SUPPERS” is the trademark of the Service Provider.

All copyright and other intellectual property rights in the Website and Service (including but not limited to software, database, recipes, photos, text, illustrations, graphics, articles, sounds, videos, ideas, drawings and notes), whether or not registered, are vested in the Service Provider or its licensors and no customer or other person shall, or shall attempt to obtain any interest in or title to such rights.

All information and content appearing on the Website and within the Service is the copyright of the Service Provider and must not be reproduced in any other medium, - print, electronic, on another website, or otherwise - nor as part of any commercial service without licence.

No licence is grated to you in these Terms and Conditions to use any trade mark or any other intellectual property right of the Service Provider including, without limitation, the trade mark SPOONFED SUPPERS.

You may not modify, copy, reproduce, publish, display, sell, rent, transmit or distribute or otherwise use any of the contents of the Website and/or the Service or any of the trademarks or logos of the Service Provider or used by the Service Provider or its licensors unless expressly authorised and you have obtained prior written consent from us and from all other entities with an interest in the relevant intellectual property.

To seek our permission, you may email us at info@spoonfedsuppers.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you must not alter or delete the copyright / trademark notices. An acknowledgement of the source must be included whenever the Service Provider’s copyright and all other intellectual property is copied or published. You must comply with all conditions contained within a notice of permission.

Please refer to our Copyright and Trademark Notice, which forms part of these Terms and Conditions.

Unsolicited Materials

In operating this Website and the Service, the Service Provider does not solicit nor does it wish to receive any confidential, secret or proprietary information, or for which you have not obtained all necessary licences or approvals, or other material from you through the Website or the email newsletter or through the Service Provider’s contact e-mail addresses, or in any other way. Any information or material submitted or sent to the Service Provider will be deemed not to be confidential or secret. By submitting or sending information or other material to the Service Provider you represent and warrant that the information is original to you and that no other party has any rights to the material.

Linked Third Party Websites

Links to third parties' websites ("Linked Sites") through the Website or the Service are provided solely for your convenience. If you use these links, you leave the Website. Linked Sites are not, however, reviewed, controlled, or examined by the Service Provider in any way and the Service Provider is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites or publication, or any additional links contained therein. These links do not imply the Service Provider’s endorsement of or association with the Linked Sites or any material found there, or any results which may be obtained from using them. If you decide to access any Linked Sites, you do so entirely at your own risk.

It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.

In no event shall the Service Provider be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster.

The Service Provider reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website or the Service and/or to introduce different features or links to different users.

Permission must be granted by us for any type of link to the Website or the Service. To seek our permission, you may write to the Service Provider via the contact email, info@spoonfedsuppers.com.

If we do grant permission to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website and subject to the following conditions:

  • (i) you do not remove distort or otherwise alter the size or appearance of the Spoonfed Suppers Logo and/or trademarks;
  • (ii) you do not create a frame or any other browser or border environment around this Website;
  • (iii) you do not in any way imply that the Service Provider is endorsing any products or services other than its own;
  • (iv) you do not misrepresent your relationship with the Service Provider nor present any other false information about the Service Provider;
  • (v) you do not otherwise use any of the Service Provider’s trademarks displayed on the Website without the express written permission from the Service Provider;
  • (vi) you do not link from a website which is not owned by you; and
  • (vii) your website does not contain content which is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations; and
  • (viii) you are not a competitor of the Company.

The Service Provider expressly reserves the right, however, to rescind any permission granted by us to link through any type of link for any reason including (without limitation) for breach of these terms, and to require termination of any such link to the Website or the Service, at our discretion at any time, and to take any action it deems appropriate.

You shall fully indemnify the Service Provider for any loss or damage suffered as a direct or indirect consequence of your breach of the terms above.

Advertising and Sponsorship

Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising or sponsorship material.

Health and Nutritional Information Disclaimer

The nutritional advice given by the Service Provider is based on sound healthy eating principles. However, before starting any nutritional programme, the Service Provider strongly recommends that you seek medical advice. While we aim to provide nutritional recipes and tailored weekly meal plans, there is no substitute for a private consultation with a qualified nutritionist or your GP to discuss your individual requirements.

Specific dietary requirements or objectives are not and cannot be guaranteed. The Service Provider’s plans and recipes may not be suitable for everyone and a list of those persons who should not use the Service or should use it only after taking medical advice and under continuing medical supervision is set out below.

You should not subscribe to the Service if any of the following conditions apply:

  • You are under the age of 18
  • You have insulin dependant diabetes
  • You have had surgery in the last six months
  • You have or have had history of kidney failure
  • You have or have history of an eating disorder
  • You have a BMI of less than 18.5
  • You have any other relevant medical condition that affects your dietary needs without first taking medical advice and continuing medical supervision

If you have any concern, are taking medication or have any medical condition we strongly advise that you check with your doctor before following the nutritional plans of the Service Provider.

Whilst the Service Provider provides general information on health and nutrition and aims to fulfil general, basic nutritional guidelines, the information provided does not in any way provide emotional support nor does it act as a substitute for medical treatment and/or advice by a qualified medical practitioner.

Please refer to our Medical Disclaimer which forms part of these Terms and Conditions.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which you should read before you accept these Terms and Conditions. You acknowledge and agree to be bound by the terms of our Privacy Policy.

Disclaimer of Warranties

Whilst the Service Provider tries to ensure that all content included on the Website, in the email newsletters or in any other material within the Service is correct, we cannot accept responsibility if, despite our best endeavours, this is not the case. The Website and the Service are provided “as is”, “where is” and “as available”, without warranty of any kind, either express or implied. Accordingly to the maximum extent permitted by law, the Service Provider provides you with this Website and Service on the basis that the Service Provider excludes all representations, warranties, conditions and other terms, which but for this legal notice may have effect in relation to this Website and Service. You must bear the risks associated with the use of the Internet.

Without limitation of the foregoing, the Service Provider specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, completeness, reliability, timeliness, usefulness, or otherwise of the content and material of the Website or the Service; (ii) incompatibility of the Website and the Service with any of your equipment, software or telecommunications links; (iii) the inadequacy of the Website and Service to meet your requirements; and (iv) any warranties of title, warranty of non-infringement, implied warranties of merchantability, satisfactory quality, use of reasonable care or skill or fitness for a particular purpose.

The Service Provider may make changes to the material of this Website or Service, or to the products and prices described with it at any time and without notice. The material of this Website may be out of date, and the Service Provider makes no commitment to up-date such material.

This disclaimer of liability applies to any damages or injury caused by the Website or the Service, including without limitation as a result of (i) any error, omission, deletion or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.

The Service Provider does not warrant or guarantee (i) that any portion of the Website or the Service will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website or the Service will be uninterrupted or error-free.

The Service Provider does not warrant or make any representations regarding the use or the result of the use of the materials in this Website or the Service. You (and not the Service Provider or any of its agents) assume the entire cost of all necessary servicing, repair or correction.