Terms and Conditions

BY ACCESSING OR USING THE Kitchen24recipes SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE Kitchen24recipes SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of our U.S. website, mobile application, digital membership product, other digital service, or a print or online magazine subscription (each a “Magazine Service”). Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below. If you have any questions or concerns regarding these terms, please contact us via email at info@kitchen24recipes.com.

  1. INTELLECTUAL PROPERTY

The Kitchen24recipes website and its included content (including any derivative works or enhancements thereof), encompassing all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, materials, products, services, URLs, technology, documentation, and interactive features (referred to collectively as the “Kitchen24recipes Content”), along with all associated intellectual property rights, are owned either by us, our licensors, or both. Furthermore, all trademarks, service marks, trade names, and trade dress appearing on the Kitchen24recipes website are owned by us, our licensors, or both. Save for the limited use rights explicitly granted to you in these Terms, you shall not gain any right, title, or interest in the Kitchen24recipes website or any Kitchen24recipes Content. Any rights not expressly conferred in these Terms are explicitly reserved.

  1. ACCESS AND USE

A. Access to the Kitchen24recipes website, including the Kitchen24recipes Content, is provided for your personal, non-commercial use and information only. By using the Kitchen24recipes website, you agree to abide by all applicable federal, state, and local laws, including copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based on, publicly display, publicly perform, publish, transmit, or otherwise exploit Kitchen24recipes Content for any purpose without obtaining prior written consent from us or, if applicable, the respective owner of third-party content. In certain cases, we may allow you to download or print Kitchen24recipes Content. If so, you may download or print (as applicable) one copy of Kitchen24recipes Content for your personal, non-commercial use only. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing Kitchen24recipes Content.

B. Except as expressly permitted in these Terms, you may not:

i. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Kitchen24recipes website or Kitchen24recipes Content.

ii. Circumvent, disable, or otherwise interfere with security-related features of the Kitchen24recipes website, including any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Kitchen24recipes website or Kitchen24recipes Content.

iii. Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Kitchen24recipes website or Kitchen24recipes Content for any purpose without our express written permission.

iv. Collect or harvest any personally identifiable information from the Kitchen24recipes website, including user names, passwords, or email addresses.

v. Visit the Kitchen24recipes website with the intention, in whole or in part, of asserting a lawsuit or claim in arbitration against us.

vi. Solicit other users to join or become members of any commercial online service or other organization.

vii. Attempt to or interfere with the proper working of the Kitchen24recipes website or impair, overburden, or disable the same.

viii. Decompile, reverse engineer, or disassemble any portion of the Kitchen24recipes website.

ix. Use network-monitoring software to determine the architecture of or extract usage data from the Kitchen24recipes website.

x. Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission).

xi. Violate U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

xii. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Kitchen24recipes website.

C. Notwithstanding anything to the contrary in clause (B)(iii) above, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Kitchen24recipes Content from the Kitchen24recipes website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Kitchen24recipes Content available to the public. We reserve the right to revoke this permission (generally or specifically) at any time.

D. You agree to cooperate fully with us to investigate any suspected or actual activity that breaches these Terms.

  1. CONDITIONS FOR LINKING TO THE Kitchen24recipes WEBSITE

We grant you a non-exclusive, limited license, revocable at our discretion, for any reason and for no reason, to link to the Kitchen24recipes website’s home page from any site you own or control that is not commercially competitive with the Kitchen24recipes website and does not criticize or otherwise injure us. The site where the link resides, and all other linked locations, must comply with all applicable laws and not abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others. The site must not post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal information or material, or violate the spirit of our mission. Such a link does not constitute an endorsement of such other site(s) by us, and all our rights and remedies are expressly reserved.

  1. USER REGISTRATION

A. To access certain features of the Kitchen24recipes website, you must become a registered user. If you are under eighteen years of age, you are not permitted to register as a user or submit personal information to Kitchen24recipes.

B. As a registered user, you agree to provide accurate registration information and promptly update any changes. You will create a username and password (a “Membership”) during registration, granting you access to certain areas of the Kitchen24recipes website. You are responsible for maintaining the confidentiality of your Membership and for all activities that occur under your Membership. Notify us immediately at info@kitchen24recipes.com of any breach of security or unauthorized use of your Membership.

  1. USER CONTENT; COMMENTS

A. Users may submit messages, comments, text, illustrations, files, images, graphics, photos, sounds, music, videos, information, content, and/or other materials (“User Content”) to the Kitchen24recipes website. You retain all rights to your User Content, and it is your responsibility to protect any intellectual property rights you may have in it. We do not guarantee confidentiality for User Content, even if not published on the Kitchen24recipes website.

B. You shall not submit User Content that violates or infringes upon the rights of others, is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, harassing, or otherwise objectionable. You agree to indemnify us for any damage resulting from User Content you submit.

C. By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, distribute, publicly display, transmit, publish, and exploit the User Content. Other users may access and use your User Content for personal, non-commercial purposes. We reserve the right to display advertisements with your User Content.

D. We may monitor User Content but have no obligation to do so. We reserve the right to delete, move, or edit any User Content at any time and may discontinue the operation of the Kitchen24recipes website or your access at our sole discretion. You have no right to maintain or access your User Content on the Kitchen24recipes website.

  1. SITE CONTENT AND THIRD-PARTY LINKS

A. The Kitchen24recipes website provides Site Content and User Content for entertainment, educational, and/or promotional purposes only. You should not rely on any information or opinions expressed on the website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content or User Content. We are not liable for any loss or damage caused by your reliance on any Site Content or User Content.

B. Site Content may include content posted by third parties or represent the opinions and judgments of third parties, including User Content. We do not endorse, warrant, or assume responsibility for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Kitchen24recipes website by anyone other than authorized employees or spokespersons of Kitchen24recipes acting in their official capacities.

C. If disputes arise between users of the Kitchen24recipes website or between users and third parties, we are not obligated to become involved. By accessing the website, you release Kitchen24recipes and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies from claims, demands, and damages arising from such disputes.

D. The Kitchen24recipes website may contain links to third-party sites. We do not operate or control these sites or necessarily endorse their content. You assume sole responsibility for your use of third-party links and acknowledge that we are not liable for any loss or damage incurred from your dealings with third parties or their sites.

E. The Kitchen24recipes website does not provide medical advice. Site Content is not intended as professional medical advice, diagnosis, or treatment. Always consult your physician or qualified health provider for medical questions. Do not disregard professional medical advice or delay seeking it based on information from the website.

  1. MOBILE

The Kitchen24recipes website may offer Mobile Services, including Mobile Uploads, Mobile Texts, and Mobile Web. Your carrier’s normal messaging, data, and other rates will apply. By using Mobile Services, you agree to receive communications regarding the website and our partners via SMS, MMS, text message, or other electronic means to your mobile device. You also consent to certain usage information being communicated to us.

The Kitchen24recipes Alerts service (the “Service”) is operated by Kitchen24recipes. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”).

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Kitchen24recipes via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text STOP to cancel at any time. For Service support, text HELP or email info@kitchen24recipes.com.

We may change any short code or telephone number we use to operate the Service at any time. Any messages sent to a changed short code or telephone number may not be received, and we are not responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service before changing it.

You agree to indemnify, defend, and hold us harmless from any third-party claims arising from your use of the Service or providing us with a phone number that is not your own.

We are not liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Kitchen24recipes and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Kitchen24recipes website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

  1. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Kitchen24recipes WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, Kitchen24recipes AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR SITE CONTENT, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH THE WEBSITE, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED, AND WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  1. LIMITATION ON LIABILITY

A. UNDER NO CIRCUMSTANCES SHALL Kitchen24recipes OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, SITE CONTENT, USER CONTENT, OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INCLUDING THE SITE CONTENT, IS TO STOP USING THE WEBSITE AND/OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE WEBSITE, INCLUDING THE USER CONTENT.

B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Kitchen24recipes AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Kitchen24recipes DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR ONE HUNDRED DOLLARS ($100). FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

C. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you; however, these limitations shall apply to the fullest extent permitted by law in such jurisdictions.

  1. TERMINATION

A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Kitchen24recipes website for any reason, including if you have failed to comply with these Terms. You agree that Kitchen24recipes shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the website.


  1. COPYRIGHT POLICY

 

Email us at info@kitchen24recipes.com

C. If you are a copyright owner (or are authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. 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;

iii. 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;

iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

v. A statement that you have 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

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

  1. DISPUTE RESOLUTION; BINDING ARBITRATION

In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Kitchen24recipes together.Kitchen24recipesIn the Dispute Resolution Section only, “we” and “us” are used to refer to you and Kitchen24recipes together.

A. We each agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us.

B.

We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration on an individual and non-class basis. In arbitration, there is no judge or jury and your right to appeal or seek review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms and can award the same damages and relief. The arbitrator’s decision and award, which shall be in writing and shall state the arbitrator’s reasoning and any relevant evidence or legal principles supporting the decision, is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

i. “Disputes” are any claims or controversies against each other related in any way to the website, Site Content, or these Terms – this includes claims you bring against our officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies, and claims Kitchen24recipes may bring against you.

ii. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us, and notice to us must be sent to: Kitchen24recipes, ATTN: Legal Department. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

iii. The FAA applies to these Terms, governs the interpretation and enforcement of this arbitration provision, including whether a dispute is subject to arbitration, and to the maximum extent allowable under applicable law, shall preempt application of state laws governing arbitration, including without limitation, provisions of the [State] Arbitration Act governing the payment, or shifting, of fees or costs of arbitration.

iv. The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules, including where applicable, AAA’s Mass Arbitration Supplementary Rules and corresponding fee schedule. If any AAA rule conflicts with these Terms, these Terms will apply.

v. The arbitration will be conducted by a single neutral arbitrator and will take place in [Location], unless otherwise required by law. The federal or state law that applies to these Terms will also apply during the arbitration.

vi. We each agree that no dispute may be pursued in arbitration on a classwide or representative basis, but that where applicable, the AAA Mass Arbitration Supplementary Rules shall permit consolidation of claims to be heard by a single Merits Arbitrator, and such consolidation shall be encouraged in the interest of arbitral economy. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

vii. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration, unless prohibited by applicable law.

C. Either of us may bring qualifying claims in small claims court.

  1. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE OR REPRESENTATIVE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

  1. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

  1. AMENDMENT; ADDITIONAL TERMS

A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Sites or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Sites generally, unique parts of the Sites, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.

B. Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Sites or by notification by email or conventional mail, and shall, to the maximum extent permitted under applicable law, govern your past, present, and future use of the Services and apply to all disputes, including those arising prior to us providing notice of such modifications. It is your responsibility to review the Terms and the Sites from time to time for any changes or Additional Terms. Your access and use of the Sites following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms or to any Additional Terms, you may terminate your Membership as provided in Section 12(B) above or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Sites and/or Services.

  1. TERRITORIAL RESTRICTIONS

Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

  1. MISCELLANEOUS

A. Any delay or failure on our part to exercise or enforce any rights under these Terms to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.

B. These Terms (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

C. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Kitchen24recipes may assign these Terms or any rights hereunder without your consent and without notice.