The Gilded Spoon

Acceptance of Terms

Welcome to The Gilded Spoon! By accessing and using our website, thegildedspoon.com (the "Website"), you agree to be bound by these Terms and Conditions (the "Terms"). These Terms constitute a legally binding agreement between you and The Gilded Spoon, located at 555 Columbus Avenue, San Francisco, CA 94133. If you do not agree with any part of these Terms, you must not use our Website. Your continued use of the Website will be deemed acceptance of these Terms, which may be updated by us from time to time without notice to you. It is your responsibility to review these Terms periodically for any changes.

These Terms apply to all visitors, users, and others who access or use the Website. We reserve the right to modify or terminate the Website for any reason, without notice, at any time. We also reserve the right to refuse service to anyone for any reason at any time.

Use of Website

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.

You are responsible for ensuring that all information you provide to us is accurate and complete. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

We strive to ensure that the Website is available 24 hours a day, but we do not guarantee that access to the Website will be uninterrupted or error-free. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Fraud and Abuse Act. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Intellectual Property

The content on the Website, including without limitation, the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, information obtained from The Gilded Spoon's licensors, and other materials ("Content") is protected by copyright and other intellectual property laws. Title to the Content remains with The Gilded Spoon or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Gilded Spoon.

The Gilded Spoon and its logo are trademarks of The Gilded Spoon. You are not permitted to use these marks without our prior written consent. All rights not expressly granted herein are reserved to The Gilded Spoon and its licensors.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not:

Limitation of Liability

To the fullest extent permitted by applicable law, The Gilded Spoon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from the Website; or (d) unauthorized access, use, or alteration of your transmissions or content.

In no event shall The Gilded Spoon's aggregate liability for all claims relating to the Website exceed one hundred US dollars (US$100.00). The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, whether or not The Gilded Spoon has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

We are not responsible for any delays, delivery failures, or other damage resulting from events beyond our reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have between us regarding the Website.

Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have any questions about these Terms, please contact us at [email protected] or call us at (415) 555-1234. Our legal team, led by Isabella Rossi, is available Monday through Friday, 9:00 AM to 5:00 PM Pacific Time.