Terms of Service:
The following terms and conditions govern all use of the leVoyageGourmand.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by le Voyage Gourmand’s owners, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your leVoyageGourmand.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account and subsequent posts, comments, or materials in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and le Voyage Gourmand may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause liability. You must immediately notify le Voyage Gourmand of any unauthorized uses of your account, your account or any other breaches of security. le Voyage Gourmand will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you comment on a post, article, or post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:Responsibility of Website Visitors. le Voyage Goumand has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, le Voyage Goumand does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. le Voyage Goumand disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by le Voyage Gourmand or otherwise.
By submitting Content to le Voyage Gourmand for inclusion on your Website, you grant le Voyage Gourmand a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, le Voyage Gourmand will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, le Voyage Goumand has the right (though not the obligation) to, in le Voyage Goumand ’s sole discretion (i) refuse or remove any content that, in le Voyage Goumand ’s reasonable opinion, violates any le Voyage Goumand policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in le Voyage Goumand ’s sole discretion. le Voyage Goumand will have no obligation to provide a comensation of any damages.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which leVoyageGourmand.com links, and that link to leVoyageGourmand.com. le Voyage Goumand does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, le Voyage Goumand does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. le Voyage Gourmand disclaims any responsibility for any harm resulting from your use of websites and webpages.
- Copyright Infringement. As le Voyage Goumand asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by leVoyageGourmand.com violates your copyright, please notify le Voyage Goumand. le Voyage Goumand will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. le Voyage Goumand will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of le Voyage Goumand or others. In the case of such termination, le Voyage Goumand will have no obligation to provide any compensation.
- Intellectual Property. This Agreement does not transfer from le Voyage Goumand to you any le Voyage Goumand or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with le Voyage Goumand . le Voyage Goumand, the leVoyageGourmand.com logo and all other trademarks, service marks, graphics and logos used in connection with leVoyaeGourmand.com, or the Website are trademarks or registered trademarks of le Voyage Goumand or le Voyage Goumand’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any le Voyage Goumand or third-party trademarks.
- Advertisements. le Voyage Goumand reserves the right to display advertisements on your blog.
- Attribution. le Voyage Goumand reserves the right to display attribution links, theme author, and font attribution in your blog footer or toolbar.
- Changes. le Voyage Goumand reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. le Voyage Goumand may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. le Voyage Goumand may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your leVoyageGourmand.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. le Voyage Goumand and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither le Voyage Goumand nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will le Voyage Goumand, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. le Voyage Goumand shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless le Voyage Goumand, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between le Voyage Goumand and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of le Voyage Goumand , or by the posting by le Voyage Goumand of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Canada excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Calgary, Alberta, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond). Any arbitration or action required shall take place in Calgary, Alberta, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; le Voyage Gourmand may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, leVoyageGourmand.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. leVoyageGourmand.com’s purpose in collecting non-personally identifying information is to better understand how leVoyageGourmand.com’s visitors use its website. From time to time, leVoyageGourmand.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
leVoyageGourmand.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses. leVoyageGourmand.com does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to leVoyageGourmand.com websites choose to interact with leVoyageGourmand.com in ways that require leVoyageGourmand.com to gather personally-identifying information. The amount and type of information that leVoyageGourmand.com gathers depends on the nature of the interaction. For example, we ask visitors who use our forums to provide a username and email address. In each case, leVoyageGourmand.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with leVoyageGourmand.com. leVoyageGourmand.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
leVoyageGourmand.com may collect statistics about the behavior of visitors to its websites. For instance, leVoyageGourmand.com may reveal how many downloads a particular version got, or say which plugins are most popular. However, leVoyageGourmand.com does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
leVoyageGourmand.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on leVoyageGourmand.com’s behalf or to provide services available at leVoyageGourmand.com’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using leVoyageGourmand.com’s websites, you consent to the transfer of such information to them. leVoyageGourmand.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, leVoyageGourmand.com discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when leVoyageGourmand.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of leVoyageGourmand.com, third parties, or the public at large. If you are a registered user of a leVoyageGourmand.com website and have supplied your email address, leVoyageGourmand.com may occasionally send you an email to tell you about new content, solicit your feedback, or just keep you up to date with what’s going on with leVoyageGourmand.com. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. leVoyageGourmand.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.