Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to Chef2video. Chef2video Ltd, “Chef2video”, is a company registered in the United Kingdom and provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Chef2video from time to time without notice to you. You should review this TOS periodically for changes.
Chef2video may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.
Your relationship with Chef2video
1.1 Your use of the Chef2video website (the "Website") and any products, software and services provided to you on or from the Website by Chef2video (collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and Chef2video.
1.2 Your legal agreement with Chef2video is made up of (A) the terms and conditions set out in this document, (B) Chef2video 's Privacy Policy (collectively called the "Terms").
1.3 The Terms form a legally binding agreement between you and Chef2video in relation to your use of the Services. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services to Chef2video.
Accepting the Terms
1.5 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
1.6 You can accept the Terms by simply using the Services. You understand and agree that Chef2video will treat your use of the Services as acceptance of the Terms from that point onwards.
1.7 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Chef2video, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
1.8 You should print off or save a local copy of the Terms for your records.
2. DESCRIPTION OF SERVICE
Chef2video currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, personalised content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS IS" and that Chef2video assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. USER CONDUCT
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chef2video has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chef2video has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You understand that except for advertising programs offered by us on Chef2video, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
· harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· use automated scripts to collect information from or otherwise interact with the Service or the Site;
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
· Chef2video is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
· register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity without permission;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· upload, post, transmit, share 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;
· intimidate or harass another;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
· use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
· upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
· Without limiting any of the foregoing, you also agree to abide by our Chef2video Community Guidelines that provides further information regarding the authorized conduct of users on Chef2video.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You ensure that you exit from your account at the end of each session. Chef2video cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Chef2video are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Chef2video does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Chef2video be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Chef2video official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
l. "stalk" or otherwise harass another; or
m. extract, collect, process, combine or store personal data about other users.
You acknowledge that Chef2video has no obligation to monitor Content. Chef2video and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Chef2video may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Chef2video or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Chef2video, its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Chef2video reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned). When you are on any international Chef2video property, you are bound by the Terms of Service and applicable laws governing that Chef2video property.
7. PUBLIC CONTENT POSTED TO CHEF2VIDEO
(a) For purposes of the TOS, "publicly accessible areas" of the Service are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Chef2video Groups, Chef2video Answers and Chef2video Message Boards, but would not include unlisted Chef2video Groups or private Chef2video communication services. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will Chef2video be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Chef2video Groups or that consists of videos, or photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Chef2video a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Chef2video Group to which such Content was submitted, or, in the case of videos, photos or graphics, solely for the purpose for which such video or photo or graphic was submitted to the Service. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Chef2video the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
8. INDEMNITY
You agree to indemnify and hold Chef2video and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Chef2video may establish general practices and limits concerning use of the Service, including without limitation the maximum number of message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Chef2video servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Chef2video has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Chef2video reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Chef2video reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
Chef2video reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chef2video shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Chef2video in its sole discretion, may terminate your password, account (or any part thereof) or use of t he Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Chef2video believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Chef2video may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Chef2video may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Chef2video shall not be liable to you or any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) Chef2video shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, Chef2video Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chef2video has no control over such sites and resources, you acknowledge and agree that Chef2video is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chef2video shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. RIGHTS YOU LICENCE
When you upload or post a User Submission to Chef2video, you grant:
15.1 to Chef2video, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that user submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and Chef2video 's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
15.2 to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions to the extent permitted by the functionality of the Website and under these Terms.
15.3 The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Website. The above licenses granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
16. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHEF2VIDEO EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. CHEF2VIDEO MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RIS K AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEF2VIDEO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CHEF2VIDEO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHEF2VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
18. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
Chef2video, the Chef2video logo, are trademarks of Chef2video Ltd, a company registered in the United Kingdom (the "Chef2video Marks"). Without Chef2video's prior permission, you agree not to display or use in any manner, the Chef2video Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
Chef2video respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please Contact us.
21. GENERAL INFORMATION
These TOS (including the Community Guidelines)constitute the entire agreement between you and Chef2video and govern your use of the Service, superseding any prior agreements between you and Chef2video You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Chef2video shall be governed by the laws of England. You and Chef2video agree to submit to the exclusive jurisdiction of the English courts. Any failure by Chef2video to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Neither you nor Chef2video may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Chef2video shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that your Chef2video account is non-transferable and any rights to your Chef2video ID or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Chef2video's policy.
25. VIOLATIONS