Terms of Use


Welcome to Gourmetsharing, an online community that connects people through the sharing of fabulous cuisine. Gourmetsharing is operated by Gourmetsharing dotCom ("we," "us," or "our").

1. Acceptance of Terms of Use

By using and/or visiting this website (collectively, including all Content available through the gourmetsharing.com domain name, the "Gourmetsharing Website", or "Website"), you agree to be bound by (1) these terms and conditions (the "Terms of Service" of "Agreement"), (2) Gourmetsharing's privacy notice published at http://www.gourmetsharing.com/privacy, and (3) Gourmetsharing's Community Guidelines. If you do not agree to any of these terms, the Gourmetsharing privacy notices, or the Community Guidelines, please do not use the Gourmetsharing Website.

All terms and conditions are subject to change without notice. Thus, you should periodically review most up-to-date version at http://www.gourmetsharing.com/terms.

2. Gourmetsharing Website

A. The Gourmetsharing Website may contain links to third party websites that are not owned or controlled by Gourmetsharing. Gourmetsharing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gourmetsharing will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Gourmetsharing from any and all liability arising from your use of any third-party website.

B. You will have to create a Gourmetsharing account in order to access some features of the Website. You may never use another's account without permission. When creating your account, you must provide accurate and complete information and be at least the age of thirteen (13) or older. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Gourmetsharing immediately of any breach of security or unauthorized use of your account.

C. Gourmetsharing will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of Gourmetsharing or others due to such unauthorized use.

3. Proprietary Property Rights

The content on the Gourmetsharing Website, except all User Submissions (as defined below), including but not limited to, any and all copyrights, trademarks, patents, trade secrets, text, photographs or graphics, links, service marks and logos contained therein ("Marks"), are owned by or licensed to Gourmetsharing, unless specified, subject to copyright and other proprietary property rights under Malaysia and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Gourmetsharing. GourmetSharing reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Gourmetsharing Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gourmetsharing Website or the Content therein.

4. Permission and Restrictions

Gourmetsharing hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Gourmetsharing's prior written authorization. 

B. You agree not to use the Website for any commercial use, without the prior written authorization from Gourmetsharing. Prohibited commercial uses include any of the following actions taken without Gourmetsharing's express approval:
  1. sale of access to the Website or its related services on another website;
  2. use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  3. the sale of advertising, on the Gourmetsharing website or any third-party website, targeted to the content of specific User Submissions or Gourmetsharing content;
  4. and any use of the Website or its related services that Gourmetsharing finds, in its sole discretion, to use Gourmetsharing's resources or User Submissions with the effect of competing with or displacing the market for Gourmetsharing, Gourmetsharing content, or its User Submissions.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Gourmetsharing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gourmetsharing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gourmetsharing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

D. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

E. Gourmetsharing reserves the right to modify or discontinue any aspect of the Gourmetsharing Website or delete the data you provide, whether temporary or permenantly, at any time with notice.

5. Your Conduct and User Submissions

A. The Gourmetsharing Website permits the submission of textual content ("User Comments"), photographs or graphics ("User Photos" or "User Maps") and the hosting, sharing, and/or publishing of User Photos, User Maps and User Comments, which are collectively refererred to as "User Submissions". You understand that whether or not such User Submissions are published, GourmetSharing does not guarantee any confidentiality with respect to any submissions and shall not be responsible in any way for the Content that appears on the Website nor for any error or omission.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Postings, you affirm, and/or warrant that you own or have the necessary rights, consents, and permissions to use and authorize Gourmetsharing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service;

C. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Gourmetsharing, you hereby grant Gourmetsharing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Gourmetsharing Website and Gourmetsharing's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Gourmetsharing Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Gourmetsharing Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete your User Submissions from the Gourmetsharing Website.  You understand and agree, however, that Gourmetsharing may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. You explicitly agree, in using the Website, that you shall not:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gourmetsharing all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Gourmetsharing or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business;
  5. impersonate another person.
E. You agree that Gourmetsharing does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Gourmetsharing expressly disclaims any and all liability in connection with User Submissions. Gourmetsharing will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's proprietary property rights. Gourmetsharing reserves the right to remove Content and User Submissions without prior notice.

6. Account Termination Policy

A. Gourmetsharing will also terminate a User's access to its Website, if they are determined to be a repeat infringer.

B. Gourmetsharing also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of proprietary property law, such as, but not limited to, pornography, obscene or defamatory material. Gourmetsharing may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of Gourmetsharing or the Website shall be governed by and construed in accordance with local laws where the headquarters of Gourmetsharing is located, without regard to its conflict of law provisions. By registering or using Gourmetsharing or the Website, you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of Gourmetsharing is located.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE GOURMETSHARING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOURMETSHARING, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GOURMETSHARING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOURMETSHARING WEBSITE. GOURMETSHARING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GOURMETSHARING WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOURMETSHARING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL GOURMETSHARING, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOURMETSHARING WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GOURMETSHARING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Gourmetsharing from its facilities in Malaysia. Gourmetsharing makes no representations that the Gourmetsharing Website is appropriate or available for use in other locations. Those who access or use the Gourmetsharing Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Gourmetsharing, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Gourmetsharing Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Gourmetsharing Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Gourmetsharing Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gourmetsharing without restriction.

13. General

(i) These Terms of Service, together with the Privacy Notice at http://www.gourmetsharing.com/privacy and any other legal notices published by Gourmetsharing on the Website, shall constitute the entire agreement between you and Gourmetsharing concerning the Gourmetsharing Website. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.