(vi)     You agree not to distribute in any medium any part of this website. 

(vii)    You agree not to alter or modify any party of this website. 

(viii)    You will not access secure User Submissions (defined below) and/or secure user accounts. 

(ix)     You comply with these “Terms & Conditions.” 

C. Account Access: 

In order to access some features of KissingCuisine, you will have to create an account. 

(i)       You agree to never use another’s without permission. 

(ii)      When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. 

(iii)     You agree to notify KissingCuisine immediately if any breach of security or unauthorized use of your account takes place.   You will be liable for any use made of your account or password and the losses of KissingCuisine or others due to such unauthorized use.  KissingCuisine will not be liable for your losses caused by any unauthorized use of your account. 

(iv)     You agree not to collect or harvest secure information or any personally identifiable information, including account names.

(v)      You agree not to solicit, for commercial purposes, any users of KissingCuisine. 

Failure to follow Section C:i-v will result in revocation of user(s) account(s).

                       D. Compliance:  

You will otherwise comply with the terms and conditions of these “Terms & Conditions”, KissingCuisine guidelines and policies, and all applicable local, national, and international laws and regulations.  KissingCuisine reserves the right to cancel or revoke any User Account at any given time for any reason. 

G. KissingCuisine reserves the right to discontinue any aspect
    of the KissingCuisine website at any time. 

In addition to the above, the following restrictions and conditions apply specifically to your use of content on the KissingCuisine website:

 

A.        Content:

The content on this website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks, and logos contained herein (“Marks”), are owned by or licensed to KissingCuisine.  Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineer, de-compiled, in any way disseminated, or otherwise exploited for any other purposes whatsoever without KissingCuisine’s prior written consent.  KissingCuisine reserves all rights not expressly granted in and to the Website.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. 

          B.        You may access submissions solely

(i)       For your information and personal use;

              (ii)      Intended through the normal functionality of the KissingCuisine Website; and/or

              (iii)     For video streaming

          C.        Streaming

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the KissingCuisine Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

          D.        User Comments

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the KissingCuisine Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the KissingCuisine Website or otherwise as prohibited under this Agreement.

          E.         Permitted Access Under Agreement

You may access the KissingCuisine Content, User Submissions and other content only as permitted under this Agreement. KissingCuisine reserves all rights not expressly granted in and to the KissingCuisine Content and the KissingCuisine Website.

          You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the KissingCuisine Website for any commercial purposes.

          G.        Third Party Exposure

You understand that when using the KissingCuisine Website, you will be exposed to User Submissions from a variety of sources, and that KissingCuisine is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KissingCuisine with respect thereto, and agree to indemnify and hold KissingCuisine, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

IV. User Submission & Code of Conduct

A.         The KissingCuisine Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, KissingCuisine does not guarantee any confidentiality with respect to any User Submissions. KissingCuisine has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one portion of the Website to another.

B.        You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize KissingCuisine to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the KissingCuisine Website and these “Terms & Conditions.”

C.        For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to KissingCuisine, you hereby grant KissingCuisine a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KissingCuisine Website and KissingCuisine’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the KissingCuisine Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KissingCuisine Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the KissingCuisine Website and under these “Terms & Conditions.” The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the KissingCuisine Service. You understand and agree, however, that KissingCuisine may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D.         In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KissingCuisine all of the license rights granted herein.

E.         KissingCuisine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KissingCuisine expressly disclaims any and all liability in connection with User Submissions. KissingCuisine does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KissingCuisine will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KissingCuisine reserves the right to remove Content and User Submissions without prior notice.

V. Account Termination Policy

A.        KissingCuisine will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.

B.        KissingCuisine reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KissingCuisine may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these “Terms & Conditions” at any time, without prior notice and at its sole discretion.

VI. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

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

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

KissingCuisine’ designated Copyright Agent to receive notifications of claimed infringement is:

Patti Miller

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KissingCuisine’ customer service

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, KissingCuisine may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KissingCuisine’ sole discretion.

VII. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KissingCuisine WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KissingCuisine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KissingCuisine MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KissingCuisine WEBSITE. KissingCuisine DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KissingCuisine WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KissingCuisine WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

VIII. Limitation of Liability

IN NO EVENT SHALL KissingCuisine, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KissingCuisine WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KissingCuisine SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by KissingCuisine from its facilities in the United States of America. KissingCuisine makes no representations that the KissingCuisine Website is appropriate or available for use in other locations. Those who access or use the KissingCuisine Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

IX. Indemnity

You agree to defend, indemnify and hold harmless KissingCuisine, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the KissingCuisine Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these “Terms & Conditions” and your use of the KissingCuisine Website.

X. Ability to Accept Terms & Conditions

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PRIVACY POLICY

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KissingCuisine.com recognizes privacy is important.  The privacy policy applies to all of the products, services and website offered by KissingCuisine.com. 

Please note that any video, image, or other content posted by the Users onto the KissingCuisine.com website becomes published content and is not considered personally identifiable information subject to this Privacy Policy. 

 

I.        INFORMATION WE COLLECT AND HOW WE USE IT.

We may collect the following types of information:

1.       Registration Information:  When you sign up for an KissingCuisine.com account or other KissingCuisine.com service or promotions that requires registration, we ask for some personal information (such as your name, email address and an account password).  This is required when choosing to participate in various activities on this site. 

2.       Cookies Information: When you visit KissingCuisine.com, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser.  KissingCuisine.com uses both session cookies and persistent cookies.  Some features of the KissingCuisine.com website may not function properly if the ability to accept cookies is disabled. 

3.       Log File Information: When you use the KissingCuisine.com website, our servers automatically records certain information that your web browser sends whenever you visit any website.  These server logs may include information such as your web request, IP address, browser type, browser language, referring / exit pages and URLs, platform type, number clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent of particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.  

4.       Communications: When you send email or other communication to KissingCuisine, we retain those communications in order to process your inquiries, respond to your requests and improve our services. 

5.       Affiliates: KissingCuisine.com offers some of our services in connection with other web sites.  Personal information that you provide to those sites may be sent to Google in order to deliver the service.  We process such information with this Policy.  The affiliated sites may have different privacy practices and we encourage you to read their privacy policies. 

6.       Links: KissingCuisine.com may present links in a format that enables us to keep track of whether these links have been followed.  We use this information to improve the quality of our search technology, customized content and advertising. 

7.       Purposes to Processing Information: KissingCuisine.com only process personal information for the purposes described in the applicable Privacy Policy for specific services.  In addition to the above, such purposes include:

• Providing our products and services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and