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Home |
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| Terms
of Service |
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Welcome to IndianCulinary.com™!
An environment that fosters interaction
and participation among its Foodies. Foodies
should thus feel free to express themselves.
However, Foodies should keep comments and
contributions within the community values
of the Service and must comply with applicable
laws and the terms of service of IndianCulinary.com.
This User Agreement (the "Agreement")
describes the terms on which, IndianCulinary.com,
Inc (a Delaware corporation, incorporated
in 2000) and its subsidiaries or parents
hereby referred to as ("IndianCulinary.com")
offers you an account on the IndianCulinary.com
web site ("IndianCulinary.com").
BY PRESSING THE "CREATE MY ACCOUNT"
BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS
OF THIS AGREEMENT. If you have any questions
about this Agreement, email at info@indianculinary.com
. Any opinions expressed by a Foodie are
of those of the Foodie alone, and are not
to be attributed to IndianCulinary.com.
IndianCulinary.com cannot and does not assume
responsibility for the accuracy, completeness,
safety, timeliness, legality or applicability
of anything said or written by any Foodie. |
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| 1. |
Amendment
and Addenda: IndianCulinary.com
may amend this Agreement at any time by
informing you of the amended terms via email
to your email address. Such amendments will
be effective when IndianCulinary.com emails
a notice of the revisions to you. Alternatively
or additionally, IndianCulinary.com may
display amended terms to you when you log
in to the site, in which case such terms
shall be effective when posted by IndianCulinary.com.
In addition, IndianCulinary.com may offer
you additional rights or services via addenda
to this Agreement, which shall amend this
Agreement if you choose to click through
such terms.
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| 2. |
| Submission
and ownership of Content: |
| a. |
Definition:
IndianCulinary.com allows
you to provide your content
(including without limitation
text, data, photos, graphics,
music, sounds and videos)
to IndianCulinary.com in a
number of forms, such as reviews
and opinions about products,
services or other decisions
("Opinions"), comments
to other people's Opinions
("Comments") and
information about yourself
(your "Profile")
for your profile page. Collectively,
the Opinions, Reviews, Comments,
Profiles and other content
you provide to IndianCulinary.com
(by uploading such Content
to the site or otherwise)
is defined as your "Content." |
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| b. |
License:
You retain all ownership rights
to your Content. However,
by submitting Content to IndianCulinary.com,
you automatically grant to
IndianCulinary.com an exclusive,
royalty-free, perpetual, irrevocable,
worldwide license (a) to use,
reproduce, modify, adapt,
publish, translate, create
derivative works from, distribute,
perform, transmit and display
such Content (in whole or
part) and/or to incorporate
it in other works in any form,
media, or technology now known
or later developed for the
full term of any Rights that
may exist in such Content.
(b) display your Content online
and offline and permit others
(including without limitation
IndianCulinary.com' co-brand
partners) to do the same,
and (c) display portions of
your Content online or offline
and permit others to do the
same. The MS-Points™
program, to the extent it
exists and whether or not
you are eligible to participate,
constitutes your only right
to compensation for the foregoing
licenses. You are free to
use your Content offline in
any manner you choose. However,
IndianCulinary.com gets users
to come to IndianCulinary.com
and your Opinions by promising
users high quality content
they cannot get anywhere else.
In order to sustain this traffic
draw, by submitting Opinions
to IndianCulinary.com, you
grant to IndianCulinary.com
(and its sublicensees) the
exclusive right to display
your Opinions anywhere online,
except the following circumstances:
• You may not post your
Opinions on any USENET newsgroups
or any other web site, besides
IndianCulinary.com. However,
you may do so any time after
one year of originally posting
that Opinion on IndianCulinary.com,
but you must include the following
attribution in the post: "You
can read this review at [URL
of the review page on IndianCulinary.com]
and other reviews on the same
topic at [URL of the product
page on IndianCulinary.com].
Check out my profile page
at [URL of your IndianCulinary.com
profile page].
• You may also display
your Opinions on any site
which contains content contributed
from 5 individual contributors
or less, but you must include
the following attribution
in the display: "You
can read this review at [URL
of the review page on IndianCulinary.com]
and other reviews on the same
topic at [URL of the product
page on IndianCulinary.com].
Check out my profile page
at [URL of your IndianCulinary.com
profile page]."
In all other cases, IndianCulinary.com's
exclusive display rights apply
even if you initially post
the Opinion somewhere else
online and then desire to
post it to IndianCulinary.com
and then re-post it on IndianCulinary.com.
If you desire other online
rights to your Opinions, you
may request permission at
copyright@indianculinary.com,
which permission may be granted
or withheld in IndianCulinary.com'
sole discretion on a case-by-case
basis.
(For purposes of this section,
the word "display"
covers all copyright and other
intellectual property rights
necessary to effectuate the
foregoing intent.) |
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| c. |
Pursuit
of Violators: If
IndianCulinary.com identifies
someone who is displaying
your Content online in violation
of this Agreement and IndianCulinary.com
wishes to take action against
the infringer, IndianCulinary.com
may contact you to seek your
help with the action. However,
IndianCulinary.com may also
directly enforce your ownership
rights in the Content against
the infringer, and you authorize
IndianCulinary.com to take
any actions on your behalf
that IndianCulinary.com reasonably
deems necessary or appropriate
to protect the parties' respective
rights. If IndianCulinary.com
decides to sue the infringer,
(1) IndianCulinary.com may
join you as a co-plaintiff
to the action, and (2) any
resulting damages or settlements
attributable to online uses
of your Opinions shall be
solely IndianCulinary.com's.
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| d. |
Removal
of Opinions: Currently,
IndianCulinary.com allows
you to edit your Opinions.
At any time, without further
notice, IndianCulinary.com
may restrict your ability
to edit or delete your Opinions.
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| e. |
Standards:
You agree not to provide any
Content to IndianCulinary.com
that (a) infringes any third-party
intellectual property or publicity/privacy
rights, (b) violates any applicable
law or regulation, (c) is
defamatory, obscene, child
pornographic or harmful to
minors, (d) contains any viruses,
Trojan horses, automated computer
scripts, worms, time bombs,
e-mail bombs, cancelbots or
other computer programming
routines that are intended
to damage, detrimentally interfere
with, surreptitiously intercept
or expropriate any system,
data or personal information,
or (e) is otherwise tortuous
or criminal |
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| f. |
Content
Filtering: IndianCulinary.com
believes that users should
decide what content should
appear on the site and how
it should be displayed. Thus,
users have a number of tools
(such as the MS-Trust™
and rating and filtering mechanisms)
to determine the order in
which opinions are presented
to them. In general, IndianCulinary.com
does not make editorial determinations
about what Content you may
or may not display on the
site, and of course IndianCulinary.com
DOES NOT ENDORSE OR RECOMMEND
any of the opinions or ideas
or comments contributed by
its users. However, IndianCulinary.com
permits others to make judgments
about your Content that may
affect the display of your
Content. Further, IndianCulinary.com
may choose to use automated
software filters that may
prevent you from uploading
your Content or may affect
its display. Finally, IndianCulinary.com
may take any actions that
it deems necessary or appropriate
to minimize its liability
from your Content or to preserve
IndianCulinary.com' relationships
with its service providers
(such as its Internet access
providers). |
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| g. |
Other
Filtering/ Protection for
Children: Parental
control protections (such
as computer hardware, software
and filtering services) are
commercially available that
may assist you in limiting
access to material that is
harmful to minors. |
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| 3. |
Your Honest
Identity: The successful functioning
of IndianCulinary.com (including the Trusted
Circle™ system) depends, in part,
on users telling each other the truth and
nothing but the truth about who they are.
Thus, you may not (a) establish more than
one account (even if the accounts are created
using different email addresses or established
through co-branded sites), (b) provide incomplete
or inaccurate registration information,
(c) fail to update your registration information
if it changes, (d) select a Member ID deliberately
intended to mislead others about your identity
or that infringes a third party's intellectual
property rights, (e) select a photo to identify
yourself that deliberately misleads others
about your identity, or (f) You may not
share your account (or the associated password)
with anyone else. IndianCulinary.com may
assume that all activities made using your
Member ID and password are authorized by
you; thus, if for any reason you suspect
that your password has been compromised,
you should contact IndianCulinary.com at
once at info@indianculinary.com
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| 4. |
Privacy:
Because your privacy is very important to
IndianCulinary.com, the site offers you
a number of choices to facilitate decisions
about how you would like IndianCulinary.com
to use and disclose your personal information.
By accepting this Agreement, you expressly
consent to IndianCulinary.com's disclosure
and use of your personal information (including
using email to communicate with you) as
described in the then-current Privacy Statement,
which is incorporated herein by reference.
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| 5. |
Termination:
IndianCulinary.com may terminate your use
of the site immediately if (a) you breach
any element of this Agreement, (b) you infringe
upon the intellectual property rights of
a third party, or (c) IndianCulinary.com
is unable to verify any registration information
you provide. Alternatively, in such circumstances,
IndianCulinary.com may take some lesser
remedies, such as hiding the display of
some or all of your Content or suspending
your account. If you want to terminate your
account, email at info@indianculinary.com.
IndianCulinary.com may choose to assume
that you intended to terminate your account
if you do not access it for more than 3
months. Following termination, at its sole
option, IndianCulinary.com may remove some
or all of your Content from the site or
leave it available for public review.
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| 6. |
No Warranty:
THE INDIANCULINARY.COM SITE AND SERVICES
ARE PROVIDED "AS IS," AND INDIANCULINARY.COM
AND ITS SUPPLIERS AND CO-BRAND PARTNERS
EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS
OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY),
INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Without
limiting the foregoing, IndianCulinary.com
does not promise or warrant to you that
any aspect of the site and system will work
properly or will be available continuously.
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| 7. |
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| a. |
Liability
Limits:
IN NO EVENT SHALL INDIANCULINARY.COM
OR ITS SUPPLIERS OR CO-BRAND
PARTNERS BE LIABLE FOR ANY
LOST PROFITS OR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION
WITH THE INDIANCULINARY.COM
SITE, ITS SERVICES OR THIS
AGREEMENT. FURTHER, IN NO
EVENT SHALL INDIANCULINARY.COM
OR ITS SUPPLIERS OR CO-BRAND
PARTNERS BE LIABLE TO YOU
FOR AN AMOUNT GREATER THAN
THAT OF FEES, IF ANY, PAID
BY YOU TO INDIANCULINARY.COM.
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| b. |
Indemnity:
You release and indemnify
IndianCulinary.com and/or
any of its officers and representatives
from any cost, damage, liability
or other consequence of any
of the actions of the users
of IndianCulinary.com and
specifically waive any claims
that you may have in this
behalf under any applicable
law. Because user authentication
on the Internet is difficult,
the Company cannot and does
not confirm that each user
is who they claim to be. Because
we do not and cannot be involved
in user-to-user dealings or
control the behavior of participants
on any IndianCulinary.com
Site, in the event that you
have a dispute with one or
more users, you release the
Company (and our agents and
employees) from claims, demands
and damages (actual and consequential,
direct and indirect) of every
kind and nature, known and
unknown, suspected and unsuspected,
disclosed and undisclosed,
arising out of or in any way
connected with such disputes.
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| 8. |
Access Limits:
Without IndianCulinary.com's CEO's express
written consent, you may not (a) use any
automated means to access the site or collect
any information from the site (including
without limitation robots, spiders or scripts),
or (b) frame the site, place pop-up windows
over its pages, or otherwise affect the
display of its pages. |
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| 9. |
General:
You shall comply with all laws and regulations
applicable to your access and use of the
site and your publication of your Content.
If any portion of this Agreement is deemed
unenforceable, that portion shall be enforced
to the maximum extent possible and the remaining
portions of the Agreement shall be given
full effect. IndianCulinary.com's failure
to act in a particular circumstance does
not waive the ability to act with respect
to that circumstance or similar circumstances.
IndianCulinary.com shall be excused for
any failure to perform to the extent that
its performance is prevented by any reason
outside of its control. No agency, partnership,
joint venture, employment or franchise relationship
is intended or created by this Agreement.
IndianCulinary.com may change, remove, or
require registration or payment to continue
use of, any aspect of the site and service
at any time without further notice to you.
IndianCulinary.com's suppliers and co-brand
partners are third-party beneficiaries of
this Agreement. Except as provided in Section
1, this Agreement may be amended only by
writing, physically signed by both IndianCulinary.com
and you.
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| 10. |
Entire Agreement:
This Agreement (and any addenda or statements
expressly incorporated into this Agreement
that you enter into) constitute the entire
agreement, and supersede the provisions
of any other agreements or understandings
(oral or written), between the parties with
respect to the subject matter of such documents.
In the event of any conflict between the
terms of this Agreement and an addendum,
the provisions of the addendum shall control.
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| 11. |
Fees and Taxes:
At present, IndianCulinary.com does not
charge you any fees to use its services
(although this may change at any time).
However, any expenses (such as hardware,
software and Internet access costs) or taxes
you incur to access the site shall be your
sole responsibility.
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| 12. |
Governing Law
and Arbitration: This Agreement
is governed in all respects by the laws
of the State of Delaware as such laws are
applied to agreements entered into and to
be performed entirely within Delaware between
Delaware residents. Any controversy or claim
arising out of or relating to this Agreement
or the IndianCulinary.com site shall be
settled by binding arbitration in accordance
with the American Arbitration Association's
commercial arbitration rules. Any such controversy
or claim shall be arbitrated on an individual
basis, and shall not be consolidated in
any arbitration with any claim or controversy
of any other party. The arbitration shall
be conducted in Delaware and judgment on
the arbitration award may be entered into
any court having jurisdiction thereof. The
award of the arbitrator shall be final and
binding upon the parties without appeal
or review. Notwithstanding the foregoing,
IndianCulinary.com may seek any interim
or preliminary relief from a court of competent
jurisdiction in Delaware. IndianCulinary.com
at its option, may bypass arbitration in
cases of fraud or other crimes against itself,
interference with its technical operations
or violations of its rights or property. |
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| 13. |
Eligibility:
The MS-Points program (the "Program"),
operated by IndianCulinary.com, rewards
you for writing high-quality Opinions. To
participate in the Program, you must be
(a) an individual 18 years old or older,
(b) a registered Foodie of the IndianCulinary.com
web site in good standing. IndianCulinary.com
employees are encouraged to submit Content.
However, they are not eligible to participate
in the MS-Points Program, i.e. they cannot
redeem their MS-Points. |
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| 14. |
How to Accrue
MS-Points Credits: You accrue MS-Points
credits by writing and submitting Opinions
to the site and having Foodies and other
users of IndianCulinary.com visit your Opinions.
The exact formula(s) for accruing MS-Points
credits may change from time to time, but
conceptually, the more Opinions you write,
and the more other users like them and use
them to make buying decisions, the more
MS-Points credits you will accrue. MS-Points
credits for a particular Opinion may, at
IndianCulinary.com' discretion, may cease
to accrue 1 year following the last day
of the calendar year in which the Opinion
was written (the "Expiration Date").
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| 15. |
Fraud:
No compensation or reward system is immune
from manipulation by users who are intent
on getting something for nothing. Such behavior
is detrimental to the entire community and,
in particular, IndianCulinary.com's most
valued users who play by the rules. IndianCulinary.com
does not tolerate such fraudulent behavior.
Thus, you may not engage in any behavior
that artificially or fraudulently inflates
your impression count or reputation on the
site. Without limiting the foregoing, you
may not use robots, scripts, or other automated
processes to access any portion of the site
without IndianCulinary.com' express written
permission.
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| 16. |
| MS-Points
Redemption Policy: [IndianCulinary.com
has suspended redemption of MS-Points
from Jan 1, 2002 until further notice] |
| a. |
Your
account page displays the
amount of MS-Points credits
you have accrued that have
not yet been redeemed (although,
depending on the schedule
for updating information,
this information may not always
be current, and you may only
redeem the amount listed on
the site even if it is temporarily
behind). IndianCulinary.com
may, at any time, in its sole
discretion: (1) establish
a minimum threshold for the
amount of accrued MS-Points
credits you can redeem at
a time, and (2) deduct redemption
fee from your redemption points
to cover processing expenses
in the form of points or cash.
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| b. |
You
may request to redeem your
MS-Points credits after 6
months of registering your
account, by following the
procedures on the site, which
include a request for your
Member ID and password. If
you fail to provide information
verifying your identity when
we request, IndianCulinary.com
may disallow and refuse to
redeem some or all of your
accrued MS-Points credits.
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| c. |
Note
that if your password has
been compromised, someone
may request redemption on
your behalf. Therefore, if
your password has been compromised,
you should contact IndianCulinary.com
at once. IndianCulinary.com
will not owe you any payments
if it issues redemption to
someone who presents your
Member ID and password, even
if they did so fraudulently.
However, it is fraudulent
to try to redeem someone else's
MS-Points credits, and IndianCulinary.com
intends to refer such cases
to local authorities for criminal
prosecution. |
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| d. |
It is
fraudulent to try to redeem
MS-Points credits you have
accrued through behavior described
in Section 3. If IndianCulinary.com
determines or suspects, in
its sole discretion, that
you have engaged in such behavior,
IndianCulinary.com may decide
to do any or all of the following:
(1) terminate or suspend your
account, (2) disallow and
refuse to redeem some or all
of your accrued MS-Points
credits, and (3) refer your
case to local authorities
for criminal prosecution.
IndianCulinary.com may delay
payment to investigate if
you have engaged in fraud.
Any decision IndianCulinary.com
makes about the validity of
your accrual of MS-Points
credits is final and binding
on you. |
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| e. |
IndianCulinary.com
may disallow and refuse to
redeem some or all of your
accrued MS-Points if (1) you
breach the Agreement or this
Addendum, or (2) it has terminated
your account (for any reason,
including inactivity). Also,
if all of your Opinions have
reached their Expiration Date,
then you must redeem all accrued
MS-Points within 6 months
following your last Expiration
Date or you forfeit all accrued
but unredeemed MS-Points.
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| 17. |
Taxes:
MS-Points rewards may be taxable. You are
solely responsible for reporting such payments
on your tax returns and paying any associated
tax liability. |
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| 18. |
Non-transferability:
You may not assign or transfer your accrued
MS-Points credits or the right to redeem
them. Accrued but unredeemed MS-Points credits
are not your property, and thus are not
transferable: (1) upon death; (2) as part
of a domestic relations matter; or (3) otherwise
by operation of law.
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| 19. |
Program Cessation:
IndianCulinary.com may terminate the overall
Program or any specific component of the
Program (such as a bonus payment program)
at any time for any reason by notifying
you (by email or otherwise). If the overall
Program is terminated, you will have 30
days from the date of such notice to redeem
any then-existing MS-Points credits in your
account pursuant to the terms of this Addendum
(including, without limitation, the requirement
that redemptions meet the minimum threshold
amount). |
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| 20. |
IndianCulinary.com
may invite existing and new Foodies
to participate in online and offline contests
from time to time. By participating, entrant
(or his/her parent or legal guardian, if
entrant is a minor) agrees (a) to the Official
Rules and the judges' decisions, which are
final and binding; (b) to release and hold
harmless IndianCulinary.com, its affiliates,
co-IndianCulinary.com's and co-brand partners
and their respective parents, affiliates,
subsidiaries, agencies and the officers,
directors, shareholders, representatives
and employees of any of the above organizations
from any and all liability whatsoever arising
from his/her participation in such contests
or acceptance, receipt, possession or use/misuse
of prize, or anything related thereto. |
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| 21. |
All unspecified expenses
(including taxes) are the sole responsibility
of winner. Prize is not transferable. No
prize substitution except at IndianCulinary.com’s
sole discretion. IndianCulinary.com reserves
the right to substitute a prize of equal
value, due to prize unavailability. One
prize per email address/family/household.
Prize will be awarded provided properly
claimed. All taxes on prizes are sole responsibility
of winner. |
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| 22. |
IndianCulinary.com
and its agencies, co-brand partners and
sponsors are not responsible for any incorrect
or inaccurate information, whether caused
by web site users or by any of the equipment
or programming associated with or utilized
in the contests and assume no responsibility
for any error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft or destruction
or unauthorized access to the web site.
IndianCulinary.com and its agencies are
not responsible for injury or damage to
entrants' or to any other person's computer
related to or resulting from participating
in such contests or downloading materials
from or use of the web site. .
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| 23. |
Governing Law and Arbitration:
This Agreement is governed in all respects
by the laws of the State of Delaware as
such laws are applied to agreements entered
into and to be performed entirely within
Delaware between Delaware residents. Any
controversy or claim arising out of or relating
to this Agreement or the IndianCulinary.com
site shall be settled by binding arbitration
in accordance with the American Arbitration
Association's commercial arbitration rules.
Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be
consolidated in any arbitration with any
claim or controversy of any other party.
The arbitration shall be conducted in Delaware
and judgment on the arbitration award may
be entered into any court having jurisdiction
thereof. The award of the arbitrator shall
be final and binding upon the parties without
appeal or review. Notwithstanding the foregoing,
IndianCulinary.com may seek any interim
or preliminary relief from a court of competent
jurisdiction in Delaware. IndianCulinary.com
at its option, may bypass arbitration in
cases of fraud or other crimes against itself,
interference with its technical operations
or violations of its rights or property. |
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