Terms and Conditions

Welcome to the Nexos Latinos Delishiosocookbook.com website (the ” Delishiosocookbook.com Site “), a website owned and operated by its publisher, Eclipse Marketing Services, Inc. (referred to herein as “Eclipse Marketing”)

The terms and conditions stated below, (herein the “Terms of Use”) identify what you, as a user of the Delishiosocookbook.com Site (“you” or “User”) can expect from Eclipse Marketing, and what Eclipse Marketing in turn expects from Users. By visiting any area on the Delishiosocookbook.com Site, making a purchase via the Delishiosocookbook.com Site, downloading an eBook purchased on the Delishiosocookbook.com Site (all of the foregoing are sometimes referred to in this document as the ” Delishiosocookbook.com Site Services”), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Delishiosocookbook.com Site immediately.

  1. LICENSES AND RESTRICTIONS
    Eclipse Marketing grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Eclipse Marketing) of the Delishiosocookbook.com Site and its contents. Eclipse Marketing further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Delishiosocookbook.com Site so long as the link does not portray Eclipse Marketing, its parents, subsidiaries, and affiliates, or their respective products or services, including the Nexos Latinos Delish-ioso: A Collection of Latino Chef and Celebrity Recipe cookbook, in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

  • modify, download (other than page caching), reproduce, copy, or resell the Delishiosocookbook.com Site, the Content or any portion or derivative thereof;
  • commercially use the Delishiosocookbook.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Eclipse Marketing and has express written permission to do so);
  • enable high volume, automated, electronic processes that apply to the Delishiosocookbook.com Site or its systems, the Content or any portion or derivative thereof;
  • use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Delishiosocookbook.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
  • interfere or attempt to interfere with the proper working of the Delishiosocookbook.com Site;
  • bypass any measures used by Eclipse Marketing to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eclipse Marketing;
  • use Eclipse Marketing’s name, Nexos Latinos, or Delish-ioso: A Collection of Latino Chef and Celebrity Recipes’ trademarks, services marks or logos in any meta tags or any other “hidden text” or
  • compile, repackage, disseminate or otherwise use data extracted from the Delishiosocookbook.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require Eclipse Marketing’s express written consent (which may include a written agreement signed by an authorized representative of Eclipse Marketing). Any unauthorized use of the Delishiosocookbook.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Eclipse Marketing.

  1. TRADEMARKS
    Eclipse Marketing, or its parent, subsidiaries, or affiliates, or third parties from whom Eclipse Marketing has permission to use, own the trademarks or service marks that are used on the Delishiosocookbook.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Eclipse Marketing and its licensors may not be used without prior written consent of Eclipse Marketing or its licensor, as the case may be. Without limiting the foregoing, no Eclipse Marketing trademark or trade dress may be used in connection with any product or service that is not Eclipse Marketing’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Eclipse Marketing.

III. CONTENT

Proprietary Rights
User acknowledges that the Delishiosocookbook.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Eclipse Marketing owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on Delishiosocookbook.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. As provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

Digital Content – eBook License Restrictions; Prohibited Conduct. The Nexos Latinos Delish-ioso: A Collection of Latino Chef and Celebrity Recipes cookbook is available as an interactive PDF or eBook (herein referred to as “Digital Content”). To the maximum extent permitted by applicable local laws, you may not transfer, copy, manipulate or display the Digital Content except as permitted in these Eclipse Marketing Terms of Use. Without limiting the generality of the preceding sentence, and to the maximum extent permitted by applicable local laws, you may not: (i) duplicate or otherwise reproduce (including “burning”) the Digital Content, or any portion thereof, onto any physical medium, memory or device, including CDs, DVDs, personal computers, external disc drives and other hardware, or any other medium now known or hereinafter devised; (ii) decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form; (iii) sell, lease, distribute, rent, broadcast, license, transfer, convey or assign any right to the Digital Content to any third party; (iv) remove any notices or labels on the Digital Content; (v) modify, disable, bypass, avoid, deactivate, impair or circumvent any encryption, rights signaling or copy protection of the Digital Content, or attempt to do any of the foregoing; (vi) modify, enhance, edit, translate, adapt, perform, display or create derivative works or adaptations based on the Digital Content; (vii) reformat, optimize or customize the Digital Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as we specifically authorize; (viii) use Digital Content for any commercial or illegal purpose: or (ix) email or distribute copies of the Digital Content to friends, family or third parties. Notwithstanding the termination provisions at Section VIII below, you expressly agree that we may terminate your license to the Digital Content should you violate the foregoing restrictions or any other term of these Eclipse Marketing Terms of Use.

  1. PRICES
    The price for an item on the Delishiosocookbook.com Site may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Delishiosocookbook.com Site. If the price for the item on the Delishiosocookbook.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Eclipse Marketing, Eclipse Marketing may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Eclipse Marketing.
  2. RISK OF LOSS
    The risk of loss and title for all items purchased via the Delishiosocookbook.com Site pass to the User upon delivery of the item to the carrier.
  3. PRODUCT DESCRIPTION
    The items offered for sale on the Delishiosocookbook.com Site contain descriptions of such items. Eclipse Marketing does not represent or warrant that the descriptions of such items are accurate or complete.

VII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Eclipse Marketing websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Eclipse Marketing websites, we will remove that information as soon as possible.

VIII. TERMINATION OF USAGE
Eclipse Marketing may suspend or terminate any User’s access to all or any part of the Delishiosocookbook.com Site without notice, for any reason in Eclipse Marketing’s sole discretion.

  1. INDEMNITY
    User agrees to indemnify and hold Eclipse Marketing, its parents, subsidiaries, directors, employees, and any contributors of its products offered on Delishiosocookbook.com Site harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of such User’s use of the Delishiosocookbook.com Site, the Nexos Latinos Delish-ioso: A Collection of Latino Chef and Celebrity Recipes cookbooks, breach of the Terms of Use or User’s violation of any law or the rights of a third party.
  2. NOTICES
    User consents to receive electronic communications from Eclipse Marketing, addressed to the e-mail address associated with such User’s order placed on the Delishiosocookbook.com Site. User acknowledges and agrees that any communication via e-mail satisfies any legal requirement that such communications be made in writing.
  3. DISCLAIMERS AND LIMITATION OF LIABILITY
    Eclipse Marketing is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, the accuracy and reliability of the Content, posted on the Delishiosocookbook.com Site or through the Delishiosocookbook.com Services, whether caused by Users of the Delishiosocookbook.com Site or the Delishiosocookbook.com Services, including the Eclipse Marketing Software. Content, does not necessarily reflect the opinions or policies of Eclipse Marketing. Eclipse Marketing is not responsible for the content, accuracy or opinions expressed on any websites which may be linked to the Delishiosocookbook.com Site, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Eclipse Marketing. Inclusion of any linked website on the Delishiosocookbook.com Services does not imply approval or endorsement of the linked website by Eclipse Marketing. When you access these third party sites, you do so at your own risk. Eclipse Marketing takes no responsibility for third party advertisements or third party applications that are posted on or through the Delishiosocookbook.com Site, nor does it take any responsibility for the goods or services provided by its advertisers. Eclipse Marketing is not responsible for the conduct, whether online or offline, of any User of the Delishiosocookbook.com Site or the Delishiosocookbook.com Services. Eclipse Marketing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Eclipse Marketing is not responsible for any problems or technical malfunction of the Eclipse Marketing Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Delishiosocookbook.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Delishiosocookbook.com Site or Services. Under no circumstances shall Eclipse Marketing be responsible for any loss or damage, including personal injury or death, resulting from use of the Delishiosocookbook.com Site or Services, from any Content, posted on or through the Delishiosocookbook.com Services, from the Eclipse Marketing Software, or from the conduct of any Users of the Delishiosocookbook.com Site or Delishiosocookbook.com Services, whether online or offline.

The Delishiosocookbook.com Site and the Eclipse Marketing Software are provided by Eclipse Marketing on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, Eclipse Marketing disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither Eclipse Marketing nor any Delishiosocookbook.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Delishiosocookbook.com Site, or the information, Content, including the Eclipse Marketing Software, and materials or products included thereon; (ii) that the Delishiosocookbook.com Site or the Eclipse Marketing Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, service, the Eclipse Marketing Software, or merchandise provided through the Delishiosocookbook.com Site; or (iv) that the Delishiosocookbook.com Site, its servers, the Eclipse Marketing Software, Content,  or e-mails sent from or on behalf of Eclipse Marketing are free of viruses, scripts, trojan horses, worms or other harmful components.

Eclipse Marketing does not guarantee the continuous, uninterrupted or secure access to the Delishiosocookbook.com Site, the Eclipse Marketing Software, or any related services. The operation of the Delishiosocookbook.com Site and the Eclipse Marketing Software may be interfered with by numerous factors outside the control of Eclipse Marketing.

Under no circumstances shall Eclipse Marketing or any Delishiosocookbook.com Provider be liable for any damages that result from the use of or inability to use the Delishiosocookbook.com Site, including but not limited to reliance by a User on any information obtained from the Delishiosocookbook.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, 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 Eclipse Marketing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, the Eclipse Marketing Software, merchandise, and services available through the Delishiosocookbook.com Site.

Neither Eclipse Marketing nor any Delishiosocookbook.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Delishiosocookbook.com Site, the Eclipse Marketing Software, or the purchase or download of any Content, or product therefrom, even if Eclipse Marketing or any Delishiosocookbook.com Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Eclipse Marketing to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XIII. APPLICABLE LAW; JURISDICTION
The Delishiosocookbook.com Site is created and controlled by Eclipse Marketing in the State of New Jersey. The laws of the State of New Jersey will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of Eclipse Marketing and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Morris County, New Jersey and waives any objection to the laying of venue of any litigation in said courts.

XIV. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Terms of Use, the Delishiosocookbook.com Site or any Delishiosocookbook.com Service (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at Eclipse Marketing’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Morris County, New Jersey.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. Eclipse Marketing reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

  1. ACKNOWLEDGMENT
    The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Eclipse Marketing regarding User’s relationship with Eclipse Marketing and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation.”

XVI. MODIFICATION
Eclipse Marketing reserves the right to make changes to the Delishiosocookbook.com Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on November 22, 2017.