(text, root user)
At Culinate, you have the opportunity to share, learn, and be entertained about food and the multiple ways it intersects with life. In exchange, we ask that you please respect other users and be courteous when leaving comments for them. Our user agreement is important not only to protect our partners' hard work and copyrighted material, but also to protect you.
h3. Terms of Use Agreement
h5. Updated May 28, 2015
This Terms of Use agreement ("Agreement") sets forth the legally binding terms for your use of all of Culinate’s services (“Services”) provided by Culinate, Inc (the “Company”). By using these Services, both visitors and registered members (the "Users") agree to be bound by this Agreement, and Users are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should discontinue use of the Company Services immediately.
Your use of the Services will constitute your agreement to comply with these rules. The Company may modify this Agreement from time to time; such modifications shall be effective upon posting by the Company on the Company’s website (the "Website"). Users agree to be bound by any changes to this Agreement when using the Company’s Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Failure to follow the Agreement's rules, whether listed below or in supplemental notices posted at various points in the Agreement, may result in termination of User access to the Services, without notice, in addition to the Company's other remedies.
The Company reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting by a User, or to restrict, suspend, or terminate User access to all or any part of the Company’s Services at any time, for any or no reason, with or without prior notice, and without liability.
# Copyright Policy. Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Company to terminate membership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to the Company by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a written description of the copyrighted work that you claim has been infringed; (iii) a written description of where the material that you claim is infringing is located on the Company Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's copyright agent for notice of claims of copyright infringement can be reached at: Copyright Agent, Culinate, Inc., PBM 178, 25 NW 23rd Place, Suite 6, Portland, OR 97210; or by email: legal@culinate.com.
# Privacy. Use of the Company Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
# Disclaimers. The Company is not responsible for any incorrect or inaccurate content posted on the Company Website or in connection with the Company Services, whether caused by Users of the Company Services or by any of the equipment or programming associated with or utilized in the Company Services.
Profiles created and posted by Users on the Company Website may contain links to other websites. The Company is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Company Services does not imply approval or endorsement of the linked website by the Company.
When you access these third-party sites, you do so at your own risk. The Company takes no responsibility for third-party advertisements that are posted on the Company Website or through the Company Services, nor does it take any responsibility for the goods or services provided by its advertisers.
The Company is not responsible for the conduct, whether online or offline, of any User of the Company Services.
The Company 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.
The Company 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 or players due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Company Services.
Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Company Services, attendance at a Company event, from any content posted on or through the Company Services, or from the conduct of any Users of the Company Services, whether online or offline.
The Company Services are provided "as is" and as available, and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Company Services.
# Limitation on Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF MEMBERSHIP.
# U.S. Export Controls. Software available in connection with the Company Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
# Disputes - Members & Visitors. Users are solely responsible for your interactions with other Company Users. The Company reserves the right, but has no obligation, to monitor disputes between Users.
# Disputes - General. If there is any dispute about or involving the Company Services, Users agree that the dispute shall be governed by the laws of the State of Oregon, City of Portland, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Oregon.
Either the Company or you may demand that any dispute between the Company and the User about or involving the Company Services must be settled by arbitration utilizing the dispute-resolution procedures of the American Arbitration Association (AAA) in the state of Oregon, USA, provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.
# Indemnity. Users agree to indemnify and hold the Company, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Company Website or through the Company Services causes the Company to be liable to another.
# Other. This Agreement is accepted upon your use of the Company Website or any of the Company Services, and is further affirmed by you becoming a registered member of the Company Website. This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Company Services.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Culinate, the Culinate logo, and the Culinate chicken graphic are registered trademarks of Culinate, Inc., and cannot be used or reproduced in any form without the express consent of Culinate, Inc.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have comments or questions regarding this agreement, please contact us at info@culinate.com.