Privacy Policy
Terms & Conditions
Tulkoff Food Products, Inc.
TERMS AND CONDITIONS AGREED TO UPON ACCESS /USE OF SITE:
When accessing or using the pages in www.tulkoff.com,("Site"), including but not limited to content, services, and software provided, you agree to be bound by these terms and conditions as outlined below. If you do not agree, you should exist this Site immediately. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
OWNERSHIP OF CONTENT
This Site is owned, operated and maintained by Tulkoff Food Products, Inc. and/or affiliates including but not limited to Tulkoff's subsidiaries, sponsors and affiliated companies unless noted ("Tulkoff"). This site and all perceptible components hereof, including without limitation information, graphics, photos, buttons, text, images, layout, arrangement, audio and other material (collectively "Content"), are copyrighted by Tulkoff. Written permission must be provided to use content found within the website. Using content without written consent is strictly prohibited. Tulkoff makes no representation that the Content of this site, including without limitation the information and other materials promoting the products and services identified herein, are appropriate or available for use in other locations. If use of content find on this Site does not follow guidelines in Terms and Conditions, Tulkoff will enforce its intellectual property rights.
RESTRICTIONS ON USE OF SITE
The Content contained in this Site is the exclusive property of Tulkoff, and protected by copyright, trademark and other Intellectual Property law, and except where otherwise noted, and except for personal, non-commercial use, may not be copied, distributed, reproduced, republished, posted, modified in any way, displayed, or transmitted in any form or by any means, without prior written permission of Tulkoff. By visiting the Site the user does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
Any unauthorized use of the Content of this Site, including trademarks, service marks, or trade dress found within the Site, may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Content in this site is provided for lawful purposes only. This Site is controlled by Tulkoff from its offices within the United States of America. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use, download, export or re-export any Content of this Site, including software, in violation of U.S. export laws and regulations.
Tulkoff offers the option to submit recipes under the recipe section of the website. Each submission is subject to approval from Tulkoff. All information submitted under the submit section of the recipe section is content now owned by Tulkoff.
Under any forms section of the website, including but not limited to, the contact us form, the email list serve form, and the recipe form, ("Submissions") you are not allowed to post or transmit infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use or access to the Site.
You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks;
You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.
SUBMISSIONS AND USE OF YOUR COMMUNICATIONS
All communications and other materials (including, without limitation unsolicited ideas, graphics, concepts, know-how, suggestions or materials) you send to Tulkoff through this Site, by electronic mail, or otherwise will be treated as non-confidential and nonproprietary. All such communications and other materials are, and shall remain, the sole and exclusive property of Tulkoff and may be used by Tulkoff for any purpose whatsoever, commercial or otherwise, without payment of any compensation to you, and Tulkoff shall not be liable for any use or disclosure thereof. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this Site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Tulkoff or to other entities who are not involved in the operation of this Site.
For all information sent through Submissions, you grant Tulkoff a royalty free, perpetual, irrevocable right and license to reproduce, distribute, adapt, derive, transmit, display, perform, publicly or otherwise in any media for Tulkoff and to sublicense the foregoing rights, through multiple tiers to the maximum extent permitted by law.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK.
DISCLAIMER AND GENERAL NOTICES
This Site and all Content, included or available therein, are provided "As Is" and "As Available" with all faults. TO THE EXTENT PERMISSIBLE BY LAW, TULKOFF DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tulkoff does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any Content is accurate, complete or correct. Tulkoff shall not be liable or responsible for any damages or injuries caused by use of this Site or for any errors or omissions in the Contents of the Site. Your use of this Site is solely at your own risk.
Tulkoff may from time to time revise the Content information, services and the resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Tulkoff may, in its sole discretion, discontinue site availability at any time without notice. In addition, Tulkoff has no duty to update this site or the Content hereof, and Tulkoff shall not be liable for any failure to update such Content. Tulkoff may, at any time, revise these Terms and Conditions by updating this posting, and you are bound by any such revisions.
Tulkoff is neither responsible nor liable for your use of other web sites which you may access via certain links within this Site. The links are to be accessed at the user's own risk, and Tulkoff makes no representations about any other web site that you may access through its Site and is not responsible for the content, completeness, or accuracy of these links or the web sites hyper-linked to this Site. Your use of any linked site is subject to the terms and conditions of that site. Further, inclusion of these links and other "resources" referenced on this Site does not constitute an endorsement by or affiliation with Tulkoff. You may not create a link to the Site without first obtaining the written permission of Philips.
This Site may also contain references to other company, brand or product names. These company, brand, product and service names are used herein for identification purposes only and may be the trademarks and/or service marks of their respective owners. Tulkoff makes no representations about them, their owners, their products or their services.
RESTRICTION OF LIABILITY
Tulkoff shall not be liable for damages or loss of any kind, including without limitation any indirect, special, incidental, or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content hereof, regardless of the nature or cause of any such damages or losses and whether or not a claim thereof is based in contract, tort, negligence or otherwise. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
Your sole remedy for dissatisfaction with the Site is to stop using the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to sites owned by or operated by parties under than Tulkoff. Such links are provided for your convenience only. Tulkoff does not control, and is not responsible for the content, privacy policies, etc of such sites. Views expressed in these sites may not be the views held by Tulkoff. Tulkoff does not endorse content on such sites. If you go to these sites, you do so at your own risk and without permission from Tulkoff.
TRADEMARKS
This Site contains trademarks, service marks, and trade dress owned and used by Tulkoff Food Products, Inc. and Tulkoff, and you may not use any of such materials for any purpose without the express written agreement of Tulkoff.
The following trademarks used herein are owned by Tulkoff Food Products, Inc: Tulkoff, Seaside, Culinaire Express, Culinary Choice, Gator and Mit Tam.
EXPORT CONTROL
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Coca-Cola Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list
JURISDICTION
Any claim relating to the Site Content or to these Terms and Conditions shall be governed and interpreted pursuant to the internal substantive laws of the State of Maryland, notwithstanding any principles of conflicts of law. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Maryland, United States of America.
INDEMNITY
You agree to defend, indemnify and hold harmless Tulkoff, the Affiliated Entities and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission or User Content that you make available or create through the Site, the Services or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
TERMINATION
You agree that Tulkoff, in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if Tulkoff believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Tulkoff may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Tulkoff nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
REVISIONS TO TERMS
Tulkoff may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of this document.
All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.
When using any Services or Software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.
REVISIONS TO SITE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site's availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
OTHER
Any failure by Tulkoff to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any term, condition, or provision of this Terms and Conditions Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, then that term, condition, or provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms and Conditions constitute the entire agreement between you and Tulkoff relating to the subject matter herein.
If there are any questions concerning our terms and agreements, please write to us at:
Tulkoff Food Products, Inc.
Attn: Website Department
2301 Chesapeake Avenue
Baltimore, MD 21209