Terms And Conditions Of Use
Last Updated: 09/01/2020
Welcome to HealingHistamine.com (the “Website”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Website. By viewing or otherwise using this Website, you agree to the terms and conditions in this Notice. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Healing Histamine’ or ‘HealingHistamine.com ‘The Low Histamine Chef’ or ‘TheLowHistamineChef’ or ‘us’ or ‘we’ or ‘thelowhistaminechef.com’ refers to the owner of the website, Histamine, LLC 243 5th Avenue, #316, New York, NY 10016.
We reserve the right in our sole discretion to change, modify, add or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated notice on our Website and changing the last updated. date listed above. This Notice applies exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may have with Histamine, LLC for products, services or otherwise. We encourage you to review our Notice each time you visit our Site to see if it has been updated since your last visit.
All Website materials, including, without limitation, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are ALL RIGHTS RESERVED Copyright 2013-2020 Histamine, LLC. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Histamine, LLC is strictly prohibited.
All trademarks on this Website are either trademarks or registered trademarks of Histamine, LLC and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Histamine, LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Histamine, LLC , and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Histamine, LLC . All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Histamine, LLC may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray Histamine, LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Histamine, LLC trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without Histamine, LLC ‘s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of Histamine, LLC or any third party.
Third-Party Content & Services
Histamine, LLC may provide hyperlinks to sites and content of third parties (“Third-Party Content”) as a service to those interested in this information. Histamine, LLC does not monitor nor does Histamine, LLC have control over any Third-Party Content. Histamine, LLC does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Histamine, LLC does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
By submitting, disclosing or offering any recipe, review, photograph, image, favorites list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a “Submitted Item”) to Histamine, LLC, either online or offline and whether or not solicited by Histamine, LLC, you hereby grant to Histamine, LLC an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Histamine, LLC to effect, perfect and confirm the license granted to Histamine, LLC to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Histamine, LLC and Histamine, LLC is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Histamine, LLC, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant Histamine, LLC the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.
This Website may include discussion forums or other interactive areas, including, but not limited to, bulletin boards and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website.
You agree not to use the Website to do any of the following:
- Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Without Histamine, LLC’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
- Harm minors in any way; or
- Upload, post, email, transmit or otherwise make available any Material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT — — — USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. Histamine, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Histamine, LLC DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Histamine, LLC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIR– — — USES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR — — — USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Histamine, LLC reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Histamine, LLC.
Limitation of Liability
IN NO EVENT SHALL Histamine, LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF — — — USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — — — USE OF, OR INABILITY TO — — — USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF Histamine, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
You agree to defend, indemnify and hold harmless Histamine, LLC and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorneys. fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
These terms and conditions shall be governed by the laws of the State of New York, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. With respect to any claim arising out of this Agreement, each party irrevocably submits to the exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in The City of New York, and each party irrevocably waives any objection which it may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such courts, irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in any inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party, provided that service of process has been made by any lawful means. by and construed in accordance with the laws of New York , without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the courts residing in London, United Kingdom, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Histamine, LLC reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
Your purchase of a product or service or ticket to an event may not provide for any refund, unless otherwise specified by a specific product, service, event or course.
Notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
- Service Provider: Histamine, LLC
- Name of Agent Designated to Receive Notification of Claimed Infringement: Philippe Massoud
- Full Address of Designated Agent to Which Notification Should be Sent: 243 5th Avenue #316, New York, NY 10016
- E-Mail Address of Designated Agent: [email protected]
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Histamine, LLC may, within its sole discretion, terminate authorization of users to its Website who are repeat infringers.