Privacy Policy and Terms of Use

PRIVACY POLICY AND TERMS OF USE 

I. TERMS OF USE:

The terms and conditions set forth in this Terms of Use notice ("Terms of Use") shall govern and apply to your visit to and use of the Yan Can Cook, Inc. ("YCC") Website ("Site"). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site

Copyrights
All content on this Site, including but not limited to design, recipes, text, logos, graphics, images, software, audio clips, digital downloads, the arrangement and assembly of all content on this Site, and any derivative works thereof, are the sole proprietary property of YCC. The Site and materials within it are © 2005 Yan Can Cook, Inc. All Rights Reserved.

Licensed Use
YCC grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. You agree to review these Terms of Use periodically to be aware of any changes or revisions. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to YCC that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of YCC and others. YCC's Trademarks may not be used in connection with any product or service that is not YCC's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit YCC. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. YCC aggressively enforces its intellectual property rights to the fullest extent of the law. The name of YCC, or the other YCC trademarks included on this Site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from YCC. YCC prohibits use of its names and trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by YCC in writing. Fair use of YCC's Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners

Disclaimer of Warranties and Limitation of Liability

NO WARRANTIES; EXCLUSION OF LIABILITY. YCC MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS AND INFORMATION ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CONSEQUENTLY, YOUR USE OF THE SITE IS AT YOUR OWN RISK. YCC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER YCC NOR MARTIN YAN SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER YCC NOR MARTIN YAN, THEIR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold YCC and Martin Yan harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney's fees and court costs) arising from or in connection with (1) your use of the YCC Site or any information or materials contained or displayed therein; (2) your violation of these Terms of Use; (3) or any violation by you of the rights of a third party.

Governing Law

You agree that these Terms of Use shall be governed by the State of California , without giving effect to any principles of conflicts of laws. You further agree that any action arising out of these Terms of Use or your use of the YCC Site shall be brought in state or federal court in San Francisco , California , and you consent to the jurisdiction of such courts.

Contact

If you have any questions about this agreement, please write us at:

Yan Can Cook, Inc.
P.O. Box 4755
Foster City , CA 94404

Or email us at:

info@yancancook.com

Although YCC will in most circumstances be able to receive your e-mail or other information provided through this Site, YCC does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure .

II. PRIVACY POLICY:

Yan Can Cook, Inc. ("YCC") values your privacy and is committed to its protection. You can visit and enjoy our Website without disclosing any personal information about yourself. Should you wish to purchase any of YCC's wonderful array of culinary instruments or books, your information may be collected in the following ways, though any information collected will not be shared, sold or leased to a third party.

Information Collected And How It May Be Used

Should you wish to purchase items from YCC, YCC may collect data from you, which may include your first and last name, street address, email address, and telephone number (home, cell and/or office). YCC may utilize this information only for legitimate internal business purposes, including but not limited to marketing strategies and distribution of the YCC newsletter. Should YCC be ordered to disclose your personal data through judicial or governmental subpoenas, YCC will obey the law. Under no circumstances, however, will YCC sell or lease your personal information to a third party.

Third Party Links-YCC Not Responsible

The YCC Site may contain links to Sites owned or operated by parties other than YCC, including but not limited to JDV Online, LLC, doing business as chef's.com , Asian Connections and Yahoo Shopping. Such links are provided for your reference only. YCC's e-commerce is conducted utilizing the services of Yahoo Shopping. YCC does not control outside Sites or companies providing e-commerce services, and is not responsible for their content or privacy policies. YCC's inclusion of links to an outside Site or utilization of an e-commerce service provider, does not imply any endorsement of the material on their Sites or the service providers, and unless expressly disclosed otherwise, any sponsorship, affiliation or YCC's inclusion of the links imply that YCC is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site. YCC encourages you to review the privacy policies of the third party links on this Site, including but not limited to chef's.com , Asian Connections and Yahoo Shopping links, as YCC has no responsibility for their policies or implementation whatsoever .

Compliance with the Online Children's Privacy Act

YCC, in compliance with 15 U.S.C. Sections 6501-06 and 16 C.F.R. Sections 312.1-312.12, will not permit children under 13 years of age to become users, and we do not collect information from children. By using our Site, you represent that you are not under 13 years of age.

Effective Date

This Privacy Policy Statement is effective as of November 1, 2005. YCC reserves the right to alter, update, or modify this statement, and any such modifications shall be effective when posted. Should YCC modify this Privacy Policy Statement, your continued use of this Site in light of changes to this Privacy Statement will signify your acceptance of the changes.

BUSINESS AND PROFESSIONS CODE §§ 22575-22579

22575. (a) An operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service shall conspicuously post its privacy policy on its Web site, or in the case of an operator of an online service, make that policy available in accordance with paragraph (5) of subdivision (b) of Section 22578. An operator shall be in violation of this subdivision only if the operator fails to post its policy within 30 days after being notified of noncompliance.

(b) The privacy policy required by subdivision (a) shall do all of the following:

(1) Identify the categories of personally identifiable information that the operator collects through the Web site or online service about individual consumers who use or visit its commercial Web site or online service and the categories of third-party persons or entities with whom the operator may share that personally identifiable information.

(2) If the operator maintains a process for an individual consumer who uses or visits its commercial Web site or online service to review and request changes to any of his or her personally identifiable information that is collected through the Web site or online service, provide a description of that process.

(3) Describe the process by which the operator notifies consumers who use or visit its commercial Web site or online service of material changes to the operator's privacy policy for that Web site or online service.

(4) Identify its effective date.

22576. An operator of a commercial Web site or online service that collects personally identifiable information through the Web site or online service from individual consumers who use or visit the commercial Web site or online service and who reside in California shall be in violation of this section if the operator fails to comply with the provisions of Section 22575 or with the provisions of its posted privacy policy in either of the following ways:

(a) Knowingly and willfully.

(b) Negligently and materially.

22577. For the purposes of this chapter, the following definitions apply:

(a) The term "personally identifiable information" means individually identifiable information about an individual consumer collected online by the operator from that individual and maintained by the operator in an accessible form, including any of the following:

(1) A first and last name.

(2) A home or other physical address, including street name andname of a city or town.

(3) An e-mail address.

(4) A telephone number.

(5) A social security number.

(6) Any other identifier that permits the physical or online contacting of a specific individual.

(7) Information concerning a user that the Web site or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in this subdivision.

(b) The term "conspicuously post" with respect to a privacy policy shall include posting the privacy policy through any of the following:

(1) A Web page on which the actual privacy policy is posted if the Web page is the homepage or first significant page after entering the Web site.

(2) An icon that hyperlinks to a Web page on which the actual privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the Web site, and if the icon contains the word "privacy." The icon shall also use a color that contrasts with the background color of the Web page or is otherwise distinguishable.

(3) A text link that hyperlinks to a Web page on which the actual privacy policy is posted, if the text link is located on the homepage or first significant page after entering the Web site, and if the text link does one of the following:

(A) Includes the word "privacy."

(B) Is written in capital letters equal to or greater in size than the surrounding text.

(C) Is written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.

(4) Any other functional hyperlink that is so displayed that a reasonable person would notice it.

(5) In the case of an online service, any other reasonably accessible means of making the privacy policy available for consumers of the online service.

(c) The term "operator" means any person or entity that owns a Web site located on the Internet or an online service that collects and maintains personally identifiable information from a consumer residing in California who uses or visits the Web site or online service if the Web site or online service is operated for commercial purposes. It does not include any third party that operates, hosts, or manages, but does not own, a Web site or online service on the owner's behalf or by processing information on behalf of the owner.

(d) The term "consumer" means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.

22578. It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the posting of a privacy policy on an Internet Web site.

22579. This chapter shall become operative on July 1, 2004.