Terms of Use

The following General Website Terms of Use Agreement (the "Agreement") governs your general access to and use of this website located at acmesmokedfish.com or any other website, web page, app or other internet digital platform offered by or through Acme Smoked Fish Holding Corp. or any of its subsidiaries or affiliates (collectively, "Acme," "we," "us" "our", wherever or however offered (collectively, the "Service"). Please review this Agreement carefully. By accessing and using the general areas of the Service, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. These terms of use apply to all orders, purchases, and sales, whether made via the website, by email, by fax, by telephone, in person, or by any means of transmission. If you do not agree with any of these Terms of Use, do not access or otherwise use this site or any information or materials contained on the site. Your use of the Service shall be deemed to be your agreement to abide by the terms set forth below. By accepting you are agreeing to every provision of this agreement whether or not you have read it. Acme may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. Acme recommends you review these Terms of Use each time you visit the Site.

Any conduct by you that in Acme’s sole discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service in accordance with these Terms of Use and only for lawful purposes. You will not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing these services to you.

Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Acme or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Acme or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Acme. Requests for permission to reproduce any information contained on this Service should be addressed to Acme, Attn: Legal, 30 Gem Street, Brooklyn, NY 11222; E-mail: legal@acmesmokedfish.com. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Acme is prohibited.

Acme respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Acme with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512 to legal@acmesmokedfish.com, 718-383-8585, and Legal, Acme Smoked Fish Holding Corp. 30 Gem Street, Brooklyn, NY 11222:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Acme or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Acme or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Acme or any third party. You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

Links to Third-Party Services
This Service may contain links to other Services ("Linked Services"). The Linked Services are not under the control of Acme and Acme is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Acme is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Acme in favor of any company offering Internet services, products or services on the Linked Services.

Obligations
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Acme. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that:

  • is copyrighted, unless you are the copyright owner;
  • reveals trade secrets, unless you own them;
  • infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Acme in its sole discretion;
  • is sexually-explicit;
  • constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
  • contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
  • violates any applicable law or regulation.

You further agree not to:

  • use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
  • delete or revise any material or other information of any other user or Acme;
  • harvest or otherwise collect information about others, including E-mail addresses, without their consent;
  • take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
  • use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Service other than the search engine and search agents available from Acme on the Service and other than generally available third party web browsers (e.g., Google Chrome and Microsoft Internet Explorer); or
  • allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

You further agree not to violate or attempt to violate the security of the Service, including, without limitation:

  • accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
  • sending unsolicited E-mail, including promotions and/or advertising of products or services; or
  • forging any TCP/IP packet header or any part of the header information in any E-mail or posting. Violations of system or network security may result in civil or criminal liability. Acme will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Acme reserves the right to review postings or comments on its Service, to remove any postings, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. Acme also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

License Granted
Acme does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Service. However, by submitting or posting information or material on, to or through the Service, you grant Acme a worldwide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use or re-use of your posting. Acme is free to use any ideas, concepts, know-how, or techniques contained in any communication you send for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Acme is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion.  By posting or submitting content to this Service, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by Acme will not infringe or violate the rights of any third party.

Online Privacy Statement
You agree and consent to the terms of the Acme Online Privacy Policy. We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy.

Accessibility

Acme is committed to ensuring that our Website, mobile applications, as well as, our products and services are generally accessible to people of all abilities. Acme is actively engaged in the ongoing process of developing, testing and updating these platforms using the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline. We test and will continue to test our Website on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. If at any time you have specific questions or concerns about the accessibility of any particular web page on this Website, please contact us at [info@acmesmokedfish.com] or [718-383-8585], and we will make all reasonable efforts to make that page accessible for you.

Disclaimer of Warranties
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS." ACME MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. ACME DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACME DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ACME OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

Limitation of Liability
IN NO EVENT WILL ACME OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF ACME’S SERVICES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND ANY PHYSICAL LOCATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACME'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, OR DISCOUNTS IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

IN NO EVENT SHALL ACME OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF ACME OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification
Upon a request by Acme, you agree to defend, indemnify and hold harmless Acme and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.

Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You and Acme expressly agree to submit to the exclusive jurisdiction and venue of the courts in New York in all disputes arising out of or relating to the use of this Service.

Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Acme and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Acme. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

ACME IS NOT RESPONSIBLE FOR PRODUCT DAMAGE OR DELAYS CAUSED DURING DELIVERY. WE RECOMMEND THAT YOU INSPECT ALL PRODUCTS FOR DAMAGE OR OTHER ISSUES UPON RECEIPT. IF YOU HAVE ANY REASON TO BELIEVE THAT ANY PRODUCT IN YOUR DELIVERY OR PURCHASE IS NOT SUITABLE FOR CONSUMPTION, CONTACT US AT 718-383-8585 AND DISCARD THE PRODUCT. ACME SMOKED FISH CORPORATION RECOMMENDS THAT YOU IMMEDIATELY REFRIGERATE ALL PERISHABLE PRODUCTS UPON DELIVERY AND FOLLOW ALL APPLICABLE GOVERNMENT GUIDELINES ON REFRIGERATION, FOOD SAFETY, AND FOOD HANDLING. FAILURE TO FOLLOW SAFE FOOD HANDLING PRACTICES AND APPLICABLE TEMPERATURE RECOMMENDATIONS MAY INCREASE THE RISK OF FOODBORNE ILLNESS.

No Waiver
The failure of Acme to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

No Professional Advice
Any information supplied by any employee or agent of Acme, whether by telephone, E-mail, letter, facsimile, Internet transmission or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting, marketing or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Any statement of facts contained on any Acme Website or in market comments, which may be posted on an Acme Website, are derived from sources believed to be reliable, but are not guaranteed as to accuracy, nor do they purport to be complete. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herein contained.

United States Service

The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acme as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Acme's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Acme with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be Acme permissible in judicial or Acme administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If we decide to change any of these terms or conditions, we will post those changes, and the date we made those changes, here, so please check back often. If you have any questions or comments about this Agreement, you may contact your local Acme merchandiser or manager, or send an E-mail to legal@acmesmokedfish.com.

Termination
Acme reserves the right, in its sole discretion, to terminate your access to all or part of this Service, without notice, for any reason, including conduct that Acme, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, vendor, Sponsor, Licensor, content or service provider, or Acme.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of Acme and its Affiliates, through all merchandising channels, including, but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the State of New York without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties. Any Claim you may have must be commenced within one (1) year after such Claim arises.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (ii) the arbitration shall be conducted on submission, telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of the AAA; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) EXCEPT AS SET FORTH BELOW IN SUBPART (vi), THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, (v) your claim shall be arbitrated on an individual basis, and you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claim subject to arbitration, and the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and the Company and its Affiliates alone; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception of subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org.

 

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