Terms of Use

Terms of Use

Last Updated: January 4, 2018

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST EXIT THE WEBSITE.

The website www.bentosushi.com (the “Site”) is an online information service provided by Bento Nouveau (referenced herein as “Bento Sushi”, “we”, “us”, “our”) regarding our company, products and services.

These Terms of Use (the “Agreement”) is an agreement between you (referenced herein as “you”) and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement by access or use of the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Bento Sushi. By accessing and/or using the Site you acknowledge that you have read, understand and agree to comply with these Terms of Use, the Privacy Policy, the Cookie Policy, and all applicable laws. You agree that this electronic Agreement shall be the equivalent of a written paper agreement between you and Bento Sushi.

If you are accessing and/or using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify us in accordance with this Agreement.

Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you must exit the Site and must not re-access or use the Site. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the Agreement periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of all modified versions of the Agreement.

Bento Sushi hereby grants you a right to access and use the Site if you comply with all of this Agreement, the Privacy Policy, the Cookie Policy and all applicable laws, and such right is granted in accordance with this Agreement, the Privacy Policy and the Cookie Policy.

You agree that it is solely your responsibility to ensure that your access to the Site complies with the laws of your jurisdiction. We make no representation that information on the Site or any of our products or services is appropriate, or is available for use outside Canada.

1. Intellectual Property, Licenses and Idea Submissions.
   The entire contents of the Site are protected by copyright, trademark, and other intellectual property laws. Bento Sushi is the owner of, or holds license rights to, all intellectual property relating to the Site, except as otherwise identified herein or in the Site.

You may not modify, copy, reproduce, republish, upload, post, transmit, reverse engineer, download, sell, rent, share, or distribute, in any manner, the content of the Site, including text, graphics, code and/or software. You may print and download portions of information displayed on the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright, other intellectual property, or proprietary notices from the information.

You hereby grant to us a non-exclusive, royalty-free, worldwide, perpetual, fully paid-up license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, publicly perform, and otherwise make any and all uses (including but not limited to development of the Site and creation or  improvement of products and services) of any data, materials, designs, images, feedback, commentary, suggestions, recordings, communications and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit to any areas of the Site (including but not limited to bulletin boards, forums and newsgroups), to any of our social media sites or accounts, or to us by e-mail or by any other electronic or non-electronic communication, howsoever the foregoing is provided, including by all means and in any media now known or hereafter developed (each a “Submission” and collectively the “Submissions”). You also grant to us the right to use your name in connection with each and all Submissions as well as in connection with all advertising, marketing and promotion we undertake relating to the Submissions or any products or services developed therefrom. You agree to waive your right to any recourse against us for any alleged or actual infringement or misappropriation of any intellectual property or other proprietary right in your Submissions, and shall therefore have no recourse against us for any of the foregoing.

We do not pre-screen Submissions or any other content that is posted on the Site by you or any other person. We will have the right, but not the obligation, at our sole discretion to refuse, move or delete any Submission or other content that is inappropriate or objectionable from the Site.

All publications, products, content or services referenced in the Site, and all intellectual property therein or otherwise related thereto, are owned or licensed by us, and no rights or interests therein are transferred to you whatsoever by any term of this Agreement.

All content of the Site, and the selection, arrangement, and presentation thereof, and the overall design, “look and feel”, colour combinations, and other graphical elements of the Site are the exclusive property of us, or our licensors or suppliers (collectively the “Website Content”). We, or our licensors or suppliers, own all right, title and interest in and to the Website Content, including without limitation all copyright and other intellectual property and proprietary rights in and to the Website Content.

2. Trademarks
   All trademarks, trade names, service marks and other marks appearing in the Site (the “Marks”) are owned or licensed by us. You are not authorized to display copy or use the Marks in any manner without the prior written permission of the rights owner.
3. Use of the Site
   You understand that, the Site may contain information or links pertaining to products or services of third parties, and that except for information, products or services clearly identified as being supplied by us to our customers: (i) we do not operate, control or endorse any information, products or services on the Internet in any way; and (ii) all information, products and services offered through the Site or on the Internet generally are offered by third parties, and we are not affiliated with such third parties, and do not endorse such third parties.

You assume total responsibility and risk for your use of the Site and the Internet. We provide the Site and related information “as is” and do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, its content, its function, any service referenced on the Site, any product information on the Site, any product or service provided through the Site, or any information, product or service available through the internet generally, and we will not be liable for any cost or damage arising either directly or indirectly from any of the foregoing.

We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not warrant that the Site will be uninterrupted or error-free or that defects in the Site or any product or services referenced therein will be corrected.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products and other information provided through the Site or on the internet generally.

Your access to such materials is at your risk. www.bentosushi.com has no control over and accepts no responsibility whatsoever for such materials.

You certify, represent and warrant that when using the Site you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, messaging, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

You further consent to Bento Sushi providing information other than personal information, relating to you and your use of the Site to facilitate the function of the Site and to allow users to utilize the Site.

You are prohibited from and agree not to store, distribute or transmit to or through the Site any Submissions that are illegally obtained or otherwise illegal. Examples of material that is considered illegal include, but are not limited to: material that is threatening, coercive or harassing in nature; material that contains child pornography; material that is copyright protected, contains third-party trademarks, or is proprietary material for which you do not have written permission and complete authorization from the owner(s) of such materials to provide such materials to us for incorporation in the Site. The storage, distribution or transmission of illegal material may result in criminal and/or civil charges being brought against you.

You agree not to provide us with any Submissions or programs that contain viruses, Trojan horses or tools that have the effect of compromising the security of the Site or other sites.

4. Prohibited Uses: You agree not to do any of the following:

• Download, copy, or re-transmit any or all of the Content without, or in violation of, a written license or agreement with Bento Sushi;
• Copy, modify, adapt, translate, download or transmit all or any part of the software relating to this Site, or sell, lease, license or assign the software or otherwise allow access thereto, or decompile, disassemble, decrypt, extract, reverse engineer or re-create the Site, its components, or something similar to the Site including, in particular, the software, or help anyone do so;
• Use this Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site including their ability to engage in real time activities through the Site;
• Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Site for any purpose including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the prior written consent of Bento Sushi;
• Use any device, software or routine that interferes with the proper working of the web/Internet;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Site is hosted;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
• Attempt to interfere with the proper working of the Site, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Site;
• Use the Site to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Site without that person’s knowledge or consent;
• Distribute the content of the Site for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
• Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the content of the Site in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
• Post any content or Submissions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify any person’s present or future location, that contain language that is otherwise deemed offensive by us, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
• Use the Site in any manner that promotes and/or enables illegal or unlawful activities;
• Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Bento Sushi or its licensors or allow any third-party to access the content of the Site;
• Use the Site other than for its intended purpose, or in any manner not expressly permitted in this Terms of Use;
• Remove any copyright, trademark, or other proprietary rights notice from the Site or any content therein;
• Create a database by downloading and saving content from the Site,
• Delete or revise any content on the Site;
• Transmit, disclose, collect or store personal information about others; or
• Attempt to defeat any security measures that we take to protect the Site.

Such unauthorized use is a material breach of this Agreement, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

5. Limitation of liability
   In no event will Bento Sushi be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, products or services referenced on the Site, or any delay relating to the Site, even if Bento Sushi or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site or any information, products or services referenced on the Site, or any delay relating to the Site. Because some provinces, territories, states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such provinces, territories, states and countries, our liability is limited to the greatest extent permitted by law.

www.bentosushi.com makes no representations whatsoever about any other webSite which you may access through this one or which may link to this Site. When you access a non-www.bentosushi.com web Site, please understand that it is independent from www.bentosushi.com, and that www.bentosushi.com has no control over the content on that web Site. In addition, a link to a www.bentosushi.com web Site does not mean that www.bentosushi.com endorses or accepts any responsibility for the content, or the use, of such web Site.

Bento Sushi assumes no obligation to update the content on the Site. The content on the Site may be changed without notice to you. We are not responsible for any content or information that you may find undesirable or objectionable. We disclaim any and all liability for unauthorized use or reproduction of any portion of the Site. Accessing the content of the Site from territories where it may be illegal is prohibited.

There is no guarantee that information or personal information on the Site or on the internet, or Submissions to the Site or through the internet will be maintained confidential and secure. The use of the Site and the content is at your own risk and we assume no liability or responsibility pertaining to the content, your use of the Site or the receipt, storage, transmission or other use of your information or personal information.

6. Indemnification
   You agree to indemnify, defend and hold harmless Bento Sushi, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (i) any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service; (ii) any information, Submissions, or any other content  you provide on or through the Site or which is sent to us by email or other correspondence, or any activities you engage in through the Site; (iii) any third party claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other content you provide on or through the Site, or any activity or omission relating to the Site by you; and (iv) your use or misuse of the Submissions or any other content, or the Site.
7. Third Party Rights
   The provisions of paragraphs 2, 3, 5 and 6 are for the benefit of Bento Sushi and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term; Termination
   This Agreement may be terminated by either party without notice at any time for any reason. All rights of Bento Sushi and all of your obligations shall survive any termination of this Agreement.
9. Miscellaneous
   This Agreement shall all be governed and construed in accordance with the laws of Canada and the Province of Ontario. You agree that any legal action or proceeding between Bento Sushi and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Toronto, Ontario, Canada.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Bento Sushi’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Bento Sushi may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any other party.

Any rights not expressly granted herein are reserved.

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

This Agreement as it may be amended from time to time in accordance the relevant provisions herein, and any and all other legal notices and policies on the Site, constitute the entire agreement between you and Bento Sushi with respect to the use of the Site and the content therein.

This Agreement shall inure to the benefit of and be binding upon each of Bento Sushi and you, and Bento Sushi’s and your respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Bento Sushi and you.

We ask you to please help us keep this Site an enjoyable experience for all users, and if you observe material or behavior that may violate this Agreement or the Privacy Policy by other users please contact us at: feedback@bentosushi.com

If you have any questions about the Site or this Agreement, please contact us at the following email address: feedback@bentosushi.com

© Bento Nouveau, 2018.