Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (OTHERWISE NOTED AS THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SITES. BY USING THE SITES, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE THE SITES.
RESTRICTIONS ON USE OF MATERIALS
The Sites’ materials may include recipes, courseware, message boards, an e-zine, newsletter, and an online storefront displaying products and links to third party retailers of such products. No materials from the Sites may be copied, reproduced, republished, uploaded, posted, re-deliver using framing technology, transmitted or distributed in any way without The Medicine Chef Company’s written permission. Individual users, however, may download one copy of the materials on any single computer and print a copy of the materials for personal, non-commercial use provided that neither the materials, nor any proprietary notices therein, are modified or altered. Non commercial use consists of learning about, evaluating or acquiring The Medicine Chef Company services or products and non-commercial cooking using recipes from the Sites. No other permission is granted. No permission is granted to use the Sites’ icons, addresses or other means to hyperlink other web sites with any page in the Sites. Prior written permission must be obtained from The Medicine Chef Company to hyperlink in any manner to the Sites.
RESTRICTIONS ON USE OF THE SITES
Users shall not post on any of the Sites’ message board or otherwise upload on or transmit to or via the Sites any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation. Users shall not interfere, in any way, with others\’ use of or access to the Sites and will not attempt to gain unauthorized access to the account or computer system of any other of the Sites user. You further agree not to take any other action in connection with your use of the Sites that violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Sites. Users shall access the Sites through a web browser and shall not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Sites. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Sites.
The content of the Sites, including all text and graphic images, is copyrighted by The Medicine Chef Company, its affiliates and or the original copyright holder. The trademarks, logos and service marks displayed on the Sites are registered or unregistered trademarks of The Medicine Chef Company, its affiliates or others. Nothing contained on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or copyrightable material displayed without the written permission of The Medicine Chef Company or such other third party that may own the trademark or copyrightable material. You may not, without written permission, use any such marks or the “Medicine Chef ” or “themedicinechef.com” names, including in any manner that disparages or discredits “The Medicine Chef Company” or “themedicinechef.com.”
The Medicine Chef Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Sites, please provide The Medicine Chef Company’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on this website;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Medicine Chef Company’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows: K. M. Walker, Lewis, Kohn & Walker LLP, 5030 Avenue of Science, Suite 201, San Diego, CA 92128
User will be issued a password upon registration with the Sites. User bears all responsibility for keeping this password secure and confidential. User is responsible for all activities that occur through the use of any password you are granted upon registering to use the Sites, including all third party, authorized or unauthorized use, of the Sites where the third party has accessed the Sites using the User’s password. User agrees not to access or attempt to access any password-protected portions of the Sites without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools.
USER SUBMITTED CONTENT
NO MEDICAL ADVICE PROVIDED
No aspect of the Sites are intended to provide, or should be construed as providing, any dietary or nutritional advice or professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any content on the Sites, or otherwise consider any content on the Sites to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health or dietary concerns or conditions. The Medicine Chef Company is not and will not be responsible for your use or misuse of any recipes or nutritional information available on the Sites, including but not limited to any errors in such recipes or nutritional information. We do not guarantee successful results based on following any recipes or culinary techniques displayed or discussed on the Sites.
THE SITES’ ONLINE STORE
The Sites’ Online Store provides images and descriptions of products that may be sold by third party retailers, to whose websites we provide links. All images and descriptions of products listed in the Sites’ Online Store or elsewhere on the Sites have been provided to The Medicine Chef Company by such vendors. Neither The Medicine Chef Company nor the vendors warrants that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. All product descriptions, product prices, and product availability are subject to change at any time, without notice. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party\’s terms and conditions of sale and website use.
DISCLAIMER / LIMITATION OF LIABILITY
While The Medicine Chef Company uses reasonable efforts to include accurate and up to date information on the Sites, The Medicine Chef Company makes no warranties or representations as to its accuracy. The Medicine Chef Company assumes no liability or responsibility for any errors or omissions in the content of the Sites. Certain linked web sites are not under the control of The Medicine Chef Company , and The Medicine Chef Company is not responsible for the content of any third party linked site, or of any other links contained in such third party site. The Medicine Chef Company provides links for your convenience only, and the inclusion of any link is not an endorsement by The Medicine Chef Company of the site or its contents. THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MEDICINE CHEF COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. THE MEDICINE CHEF COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MEDICINE CHEF COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS ON, OR ACCESSED THROUGH, THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MEDICINE CHEF COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITES, THEIR CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF THE MEDICINE CHEF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By using the Sites, you agree to indemnify, hold harmless and defend The Medicine Chef Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Sites in violation of this Agreement.
CHANGES TO WEB SITE INCLUDING LEGAL TERMS AND CONDITIONS
The Medicine Chef Company reserves the right to alter or delete material from the Sites at any time and may, at any time and in its sole discretion, revise the terms of this Agreement by updating this posting. Users are bound by any such revision and should therefore periodically visit this page to review the then current terms of this Agreement.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflicts of law principles. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between The Medicine Chef Company and users of the Sites relating to the subject matter contained herein. No delay or failure by The Medicine Chef Company to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by The Medicine Chef Company. No single waiver will constitute a continuing or subsequent waiver.
Copyright © 2014, It’s Martini Time, LLC. All rights reserved. No information may be duplicated without the permission of It’s Martini Time, LLC. Medicine Chef® is a registered mark of It’s Martini Time, LLC.