Terms of Use
CHEFnews
TERMS OF USE AGREEMENT (“Terms of Use”, or “Agreement”)
Updated April 2012
I. Introduction.
CHEFnews (“CHEFnews” or “we”) operates CHEFnews.com, and this Terms of Use and the associated Privacy Policy governs access to the CHEFnews website and CHEFnews Content (as defined below), and other features, content or services, offered from time to time by CHEFnews in connection with Chefnews’s business (the “CHEFnews Services) that links to this Terms of Use Agreement and CHEFnews’ Privacy Policy which is incorporated into this Agreement by reference, and which is binding on all those who access, visit and/or use the CHEFnews Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”).
Please read the Terms of Use Agreement and Privacy Policy carefully. You can access the Terms of Use Agreement and Privacy Policy any time in the footer of the CHEFnews Services’ home page or initial screen. Your access, visitation and/or use of the CHEFnews Services, including without limitation any registration on any aspect of the CHEFnews Services, will constitute your agreement to the Terms of Use Agreement and the Privacy Policy. If you do not agree with the terms and conditions of this Terms of Use Agreement and Privacy Policy, you may not access, visit and/or use the CHEFnews Services.
The Terms of Use Agreement and Privacy Policy as may be modified from time to time constitute legally binding terms and apply to your use of the CHEFnews Services. All material modifications will apply prospectively only. The date of the most recent revisions will appear on this page, so check back often. Continued access of the CHEFnews Services by you will constitute your acceptance of any changes or revisions to the Terms of Use Agreement and Privacy Policy.
In the event of any conflict or inconsistency between the terms and conditions of this Terms of Use Agreement and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the CHEFnews Services or otherwise communicated to users of the CHEFnews Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, trademarks, trade names, service marks, and other brand identifiers, and all other content (inclusive of User Content and Chefnews Content as defined in Section 6 below), information, and materials (collectively, "Content") available on or through the CHEFnews Services, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
Sensitive Information Disclaimer. While you may freely discuss topics of interest to you, and the CHEFnews Services may include general Content relating to a range of topics related to making healthy food choices and to give our bodies healthy food, you should not rely on the CHEFnews Services for individual advice on such choices. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through this CHEFnews Services before making any decisions based on such Content.
THE CONTENT AVAILABLE ON OR THROUGH THIS CHEFNEWS SERVICES IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL ADVICE; OR (B) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS CHEFNEWS SERVICES.
2. Monitoring and Complaints against Other Users.
2.1 Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on the CHEFnews Services. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the CHEFnews Services, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with this Agreement. We generally do not pre-screen User Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the CHEFnews Services by users, so you may be exposed to User Content that is opinionated, offensive, and/or inappropriate, including User Content that violates this Agreement. Notwithstanding the foregoing, If at any time CHEFnews chooses, in its sole discretion, to monitor the CHEFnews Services, CHEFnews nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. However, CHEFnews may reject, refuse to post or delete for any or no reason, including, but not limited to, User Content that in the sole judgment of CHEFnews violates this Agreement or which may be offensive, illegal or violate the rights of any individual or entity, or harm or threaten the safety of any individual or entity.
2.2 Complaints against Other Users. You are solely responsible for your interactions with other CHEFnews users, including but not limited to any User Content that you post on, through or in connection with any of the CHEFnews Services, and any material or information that you transmit to other users, or any other parties with whom you interact through the CHEFnews Services. Remember that by using the publicly accessible portions of our CHEFnews Services you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of such Content is actionable. We ask that you not use the CHEFnews Services, or lodge complaints against other users, to facilitate a personal dispute. However, if you have reason to believe that another person is using the CHEFnews Services in a way that is harmful to you or poses a threat to CHEFnews, its employees, business partners and other users, we urge you to contact your local authorities, or appropriate state or federal agencies.
2.2.1 Copyright Complaints: If you have reason to believe that your User Content has been copied and/or is accessible on the CHEFnews Services in a way that constitutes copyright infringement, or that the CHEFnews Services contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us.
3. Registration. By using the CHEFnews Services and providing us with your contact information (hereinafter “Registration Information”), you agree, represent, warrant, and guarantee that (a) all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours; and (b) you will maintain the accuracy of such information and update it promptly by using the mechanism or contact information on CHEFnews Services that allows you to change or update your Registration Information, if available; and (c) you are 13 years of age or older; and (d) your use of the CHEFnews Services does not violate any applicable law We may use and share your Registration Information as described in our Privacy Policy. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
We reserve the right at any time, with or without notice, and without liability to remove or require a change to, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for portions of the CHEFnews Services, the CHEFnews Services as a whole or certain products and/or services.
4. Fees. We and our licensors, vendors, and/or service providers may charge you fees for merchandise, products and/or, including without limitation Content, offered for sale, rental or auction on or through the CHEFnews Services, and/or for access to portions of the CHEFnews Services or the CHEFnews Services as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the CHEFnews Services and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as "Fees"). Unless otherwise specified on the CHEFnews Services, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or CHEFnews Services providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the CHEFnews Services.
5. Rules of Usage/Endorsement of Comments.
5.1. Use of the CHEFnews Services by You:
5.1.1 Eligibility: The CHEFnews Services is not intended for users under the age of 13, and we do not knowingly collect any information, including any personally identifiableinformation from users under the age of 13. Such users areexpressly prohibited fromregistering for the CHEFnews Services or submitting their information, including any personally identifiable information to us. Your personal information may be deleted and your access to the CHEFnews Services terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18 years of age.
5.1.2 Term/Purpose: This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the CHEFnews Services. Unless otherwise specified, the CHEFnews Services is intended for your personal, non-commercial use only and may only be used for direct commercial purposes if they are specifically endorsed or authorized in writing by CHEFnews. You are solely responsible for all usage of, or activities on, the CHEFnews Services by you. Illegal and/or unauthorized use of the CHEFnews Services, including without limitation, use of CHEFnews Content in any form whatsoever, such as copying or reprinting Content by electronic or other means or unauthorized framing of or linking to the CHEFnews Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. CHEFnews reserves the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the CHEFnews Services.
5.1.3 Review of Content: You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or services linked to or accessible from this CHEFnews Services and are not responsible for the Content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or services is at your sole risk.
5.1.4 Compliance with Laws. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the CHEFnews Services, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the CHEFnews Services.
5.1.5 Compliance with Import and Export laws: You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through the CHEFnews Services that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
5.1.6 Location of CHEFnews Services. The CHEFnews Services are hosted in the United States. The foregoing notwithstanding, Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the CHEFnews Services, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
5.1.7 Download of Content. Certain Content may be made available to you on or through the CHEFnews Services for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, or software. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or CHEFnews Services providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.
5.2 Prohibitions on Use of the CHEFnews Services. Please choose carefully the information you post on, through or in connection with the CHEFnews Services and that you provide to other users. Your User Content (as defined below) may not include any form of prohibited Content, as outlined in this Section 5.2. Therefore, absent explicit prior written consent from CHEFnews in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
5.2.1 Make any commercial, advertising, promotional, or marketing use of the CHEFnews Services and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the CHEFnews Services, except as permitted by law or as expressly permitted in writing by the Agreement, us or the CHEFnews Services;
5.2.2 impersonate, imitate or pretend to be somebody else, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the CHEFnews Services (including, without limitation, the use of email addresses associated with or of any of the foregoing)
5.2.3 Engage in personal attacks, or post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the CHEFnews Services.
5.2.4 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, pornographic, defamatory, libelous or otherwise violates any law or right of any third party;
5.2.5 falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the CHEFnews Services, us, or our licensors, vendors and/or service providers;
5.2.6 post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
5.2.7 post, upload, transmit, send, or otherwise make available on or through the CHEFnews Services any unsolicited bulk communication;
5.2.8 use any bots, cheats, macros, scripts, or run Mail list, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the CHEFnews Services, including without limitation to post, upload, transmit, send, or other make available Content on or through the CHEFnews Services;
5.2.9 copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the CHEFnews Services, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
5.2.10 use any language that is, or post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
5.2.11 use any language, or post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;
5.2.12 stalk others on or through the CHEFnews Services, or using information obtained on or through the CHEFnews Services, or otherwise contact other Terms of Uses in the physical world without their permission using information obtained on or through the CHEFnews Services;
5.2.13 use any language, or post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
5.2.14 provide professional advice or post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content intended to provide professional advice.
5.2.15 post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, CHEFnews Services providers, other Terms of Uses, and/or any third party;
5.2.16 copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the CHEFnews Services, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content other than your User Content which you legally post on, through or in connection with the CHEFnews Services;
5.2.17 copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the CHEFnews Services, in whole or in part, except as permitted by law or as expressly permitted in writing by the Agreement, us or the CHEFnews Services;
5.2.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting another person in circumventing or modifying any security technology or software that is part of the CHEFnews Services;
5.2.19 post, upload, transmit, send or otherwise make available on or through the CHEFnews Services any software disabling devices, time bombs, Trojan horses, cancel bots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature;
5.2.20 Interfering with, disrupting, or creating an undue burden on the CHEFnews Services or the networks or services connected to the CHEFnews Services.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE CHEFNEWS SERVICES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION AND/OR REPORT SUCH USER CONTENT OR ACTIVITIES TO LAW ENFORCEMENT AUTHORITIES.
5.3 Endorsement of Comments. We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the CHEFnews Services. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the CHEFnews Services, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the CHEFnews Services, including Content that violates this Agreement.
6. Proprietary Rights in Content on CHEFnews
6.1 User Content. Except as may otherwise be agreed to in writing between you and CHEFnews, CHEFnews does not claim any ownership rights in the text, files, or any other materials (collectively “User Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the CHEFnews Services. After posting your User Content on, through or in connection with the CHEFnews Services, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By posting any User Content on, through, or in connection with the CHEFnews, you hereby grant to CHEFnews a non-exclusive, royalty-free, limited license to use, reproduce, and distribute (collectively “Use”) such User Content solely within CHEFnews for the purposes of evaluating the CHEFnews Services and will not be distributed by CHEFnews outside the CHEFnews Services or CHEFnews. After you or CHEFnews removes your User Content from the CHEFnews Services we will cease use as soon as practicable, and at such time, the license granted herein will terminate.
6.2 Your Representations and Warranties: You represent and warrant that: (i) you own the User Content provided directly to CHEFnews for publication, or, posted by you on, through or in connection with the CHEFnews Services, and (ii) the posting of your User Content on, through or in connection with the CHEFnews Services does not violate the privacy rights, publicity rights, contract rights or any other rights of any individual or entity.
6.3 CHEFnews Content. The CHEFnews Services contain content of CHEFnews (“CHEFnews Content”). CHEFnews Content is protected by copyright, trademark, patent, trade secret and other laws, and CHEFnews owns and retains all rights in the CHEFnews Content and the CHEFnews Services. The foregoing notwithstanding, content other than the CHEFnews Content (and collectively included as the CHEFnews Content) is licensed or otherwise published by CHEFnews with the permission of the owner or owners of such content and, except as stated in Section 6.1 above, all rights in such content are reserved to such owner or owners. CHEFnews hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CHEFnews Content, and excluding any software code, solely for your personal use in connection with viewing the CHEFnews website and using the CHEFnews Services, provided you do not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any CHEFnews Content appearing on or through CHEFnews Services.
6.4 Editing, Additions and Deletions. We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the CHEFnews Services, including without limitation any Content you provide in your personal information, or any of your messages, posts, or threads.
Please be aware that Content you disclose in publicly accessible portions of the CHEFnews Services may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE CHEFNEWS SERVICES.
7. Protecting Copyrights and Other Intellectual Property. CHEFnews respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is CHEFnews policy to, in appropriate circumstances and at our discretion, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the usability to access, visit, and/or use the CHEFnews Services of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
8. Third Party Linked Merchandise, Products and Services/Websites.
8.1 Third Party Linked Merchandise, Products and Services (hereinafter referred to as “Third Party Linked Service(s)”). Third Party Linked Services created by third party developers may be or may become available on, through or in connection with the CHEFnews Services. Third Party Linked Services may include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your CHEFnews information profile or which may link to your CHEFnews account from outside of the CHEFnews Services. Third Party Linked Services may use your CHEFnews profile information, and/or other profile content on the Third Party Linked Service andshare activity eventsbetween CHEFnews and the Third Party Linked Service (depending on the features the Third Party Linked Service chooses to make available).
WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM THE CHEFNEWS SERVICES. However, Nothing on the CHEFnews Services constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products and/or services, including without limitation Content. Images available on or through the CHEFnews Services of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
Therefore, when you engage with a Third Party Linked Service, you are interacting with the third party, and not with CHEFnews. CHEFnews does not control the third party, and cannot dictate their actions. If you choose to use a Third Party Linked Service, the Third Party Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Third Party Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. CHEFnews is not responsible for and makes no warranties, express or implied, as to the Third Party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof).
8.2 Websites. External links to other websites does not imply an endorsement by CHEFnews of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the content at the CHEFnews website. Links to other websites are provided by CHEFnews as a convenience to its Members and users, and CHEFnews is not responsible nor does it endorse the content of the materials of any website so linked to the CHEFnews website.
9. Disclaimers/Limitation of Liability.
9.1 Third Party Linked Services. NEITHER WE NOR OUR INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR CHEFNEWS SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE CHEFNEWS SERVICES. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR CHEFNEWS SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE TERMS OF USE AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US OR OUR INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOUAGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE CHEFNEWS SERVICES, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.
YOU AGREE THAT WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE CHEFNEWS SERVICES, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THE AGREEMENTS (as defined in Section 12 below).
9.2 Content/Links/websites. CHEFnews is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the CHEFnews Content posted through or in connection with the CHEFnews Services or Third Party Linked Services, by users of the CHEFnews Services or Third Party Linked Services, and such Content does not necessarily reflect the opinions or policies of CHEFnews. In addition, CHEFnews is not responsible for any damage, injury or loss caused by users of the CHEFnews Services or Third Party Linked Services or by any of the equipment or programming associated with or utilized in the CHEFnews Services or Third Party Linked Services. Profiles and Third Party Linked Services created and posted by users on, through or in connection with the CHEFnews Services may contain links to other websites or services. CHEFnews is not responsible for the content, accuracy or opinions or policies expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by CHEFnews. Inclusion of any linked website or service on the CHEFnews Services does not imply approval or endorsement of the linked website or service by CHEFnews. When you access these third party sites and services, you do so at your own risk. CHEFnews takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the CHEFnews Services or Linked Services.
9.3 Technical. CHEFnews 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. CHEFnews is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the CHEFnews Services or Linked Services or any combination thereof, including, without limitation, 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 CHEFnews Services or Linked Services.
UNDER NO CIRCUMSTANCES SHALL CHEFNEWS BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE CHEFNEWS SERVICES OR THIRD PARTY LINKED SERVICES, FROM ANY CHEFNEWS CONTENT OR USER CONTENT POSTED ON OR THROUGH THE CHEFNEWS SERVICES OR THIRD PARTY LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE CHEFNEWS SERVICES, WHETHER ONLINE OR OFFLINE. THE CHEFNEWS SERVICES AND THIRD PARTY LINKED SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABILE AND CHEFNEWS EXPRESSLY DISLCAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, NOTHING CONTAINED ON THE CHEFNEWS WEBSITE, INCLUSIVE OF CONTENT, SHOULD BE TAKEN TO CONTITUTE PROFESSIONAL ADVICE OR ANY FORMAL RECOMMENDATION AND CHEFNEWS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CHEFNEWS SERVICES OR THIRD PARTY LINKED SERVICES.
9.4 Limitation on Liability. IN NO EVENT SHALL CHEFNEWS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST POFIT DAMAGES ARISING FROM YOUR USE OF THE CHEFNEWS SERVICES OR LINKED SERVICES, EVEN IF CHEFNEWS HAS BEEN ADVISED OF THE POSSIBIILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHEFNEWS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHEFNEWS FOR THE CHEFNEWS SERVICES DURING THE TERM OF THIS AGREEMENT.
10. Termination. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the CHEFnews Services, whether listed in this Terms of Use Agreement and Privacy Policy, posted at various points in the CHEFnews Services, or otherwise communicated to users of the CHEFnews Services (collectively, the "Agreements"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the CHEFnews Services or any portion thereof, and/or the Agreements, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the CHEFnews Services. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreements.
Even if the CHEFnews Services, your ability to access, visit and/or use the CHEFnews Services or any portion thereof, and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any User Content, and therefore copies of all information with regard to your account/profile and/or User Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the CHEFnews Services, may be retained and/or remain viewable by us, our licensors, vendors, CHEFnews Services providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or User Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the CHEFnews Services. All provisions of the Agreements shall survive the termination or expiration of the Agreements and/or your account/profile.
11. Indemnity. You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the CHEFnews Services, your Content, unauthorized use of Content obtained on or through the CHEFnews Services, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the CHEFnews Services.
12. Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use the CHEFnews Services, send us messages, or whether we postnotices on the CHEFnews Services or communicate with you viamessaging. For contractualpurposes,you(a) consent to receive communications from us, such as transactional or relationship messages, in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so applies to all of your interactions and transactions with us and you may not be able to opt out of receiving them without ceasing to be a registered user of the CHEFnews Services.
13. Governing Law. The CHEFnews Services is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the CHEFnews Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the CHEFnews Services, or any merchandise, products, services, and/or Content available on or through the CHEFnews Services are appropriate, available, or legal in any particular geographic location; and;
You agree that, regardless of where you access, visit and/or use the CHEFnews Services, all issues concerning the construction, validity, interpretation and enforceability of this Agreement shall be governed by, and construed in accordance with, the laws of the state of California, without regard to its conflict of law provisions. You and CHEFnews agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of this Agreement or the CHEFnews Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. 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 A JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
14. General.
(i) We reserve the right to post, from time to time, additional rules that apply to certain portions of the CHEFnews Services, or the CHEFnews Services as a whole. Such additional rules will be posted in the relevant portions of the CHEFnews Services, and are hereby incorporated into the Agreements by this reference. Your continued access, visitation and/or use of the CHEFnews Services constitutes your agreement to comply with these additional rules.
(ii) The rules, restrictions, limitations, terms and conditions that apply to the CHEFnews Services, whether listed in this Terms of Use Agreement and Privacy Policy, posted at various points in the CHEFnews Services, or otherwise communicated to you, constitutes the Agreements and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the CHEFnews Services, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreements.
(iii) Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
(iv) We may sub-license, transfer, sell or assign the Agreements, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreements at any time to any person or entity, and any attempt to do so will be null and void.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.