Last updated April 12, 2018
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
The Website enables persons (“Users”) to access and browse the Website, which provides information about our culinary schools, training programs, continuing education classes and related services.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and Service on a computer, tablet device or mobile phone that you own or control. All materials contained on, in, or available through the Website, including all information, data, text, videos, blogs, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Content, whether registered or not, are our sole property or the property of third parties. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website and Service, any ownership rights in the Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms.
If you wish to apply online for a career training program or recreational cooking class at ICE (thereby becoming an “Applicant”), you must create an account on our Website (“Account”) and then fill out an application. In creating an Account, you may be required to provide contact information such as your name, address, phone number and email address (“Account Data”). You agree to (a) provide true, accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify ICE immediately of any unauthorized use of your Account or any breach of security with respect to your Account.
- User Submissions
The Website and Service, at varying times, enable you to submit and post content and entries, including those for scholarship challenges and contests, when and as applicable, which may include personal information (“User Submissions”). You acknowledge and agree that you are solely responsible for any User Submission that you transmit, send or display through the Website and Service and we are not responsible to you or any third party for any User Submission that is transmitted or shared by you or any other User. By uploading, publishing, modifying or displaying User Submissions to any part of the Website or Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Submission for any purpose in any media now known or hereafter developed.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Submissions that you make available through the Website and Service or you have all rights, licenses, consents and releases that are necessary to grant to ICE the rights in such User Submissions, as contemplated under these Terms; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or ICE’s use of the User Submission (or any portion thereof) on, through or by means of the Website or Service will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any such User Submission and if we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submission; (b) revoke the applicable User's right to use the Website and Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Submission for any or no reason without prior notice to you and without liability.
The Website is controlled and operated by ICE from the United States, and is not intended to subject ICE or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.
- Rules of Conduct
In connection with your use of the Website, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Website any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Website for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark or copyright rights or the rights of publicity or privacy; (xii) use the Website in any manner that in our sole judgment, adversely affects the performance or function of the Website or interferes with the ability of other users to access or utilize the Website; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that: (a) you undertake to use the Website only for purposes that are in strict compliance with the Terms, the license granted hereunder and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and (b) you shall not take any actions which would cause us to be in violation of any applicable law, rule or regulation.
We reserve the right to suspend or cease providing the Website and Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
- Third Party Websites and Content
- Safety Measures
- Disclaimer of Warranties
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT, ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE; AND (iii) REGARDING THE PROVISION OF THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE.
- Limitation of Liability
IN NO EVENT WILL ICE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “ICE PARTIES”), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS , LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE. GIVEN THAT SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, OUR AND THE ICE PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL ICE’S AND THE ICE PARTIES’ AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO ANY USE OF THE WEBSITE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.
By using the Website and Service, you agree to defend, indemnify and hold us, the ICE Parties, our affiliates, and partners harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or Service or the creation, placement or transmission of any message, information, video, software or other materials through the Website by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
- Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Website and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please see our DMCA Policy.
- Governing Law
These Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein, without regard to its conflict of laws rules. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, County of New York, for any action arising out of or relating to these Terms, unless you agree to additional terms specific to any activity such as official rules for a scholarship challenge or contest, in which case, the governing law and dispute terms in such official rules shall apply.
- Entire Agreement
- Amendment to Terms
ICE may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access to and use of the Website and Service following such posting constitutes your consent to be bound by any amended Terms.
- Electronic Communications
You consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to TOU@ice.edu or by writing to us at Institute of Culinary Education, 225 Liberty Street, New York, New York 10281.
If you have any questions regarding these Terms or the Website, please contact us at TOU@ice.edu.
Copyright © 2018 The Institute of Culinary Education, Inc. All rights reserved.