The Sites Services
The Services available on Christmas Kitchen help you find and browse information related to articles of public interest, food recipes, ideas, tips and news. You are allowed to submit content and information to the Site in the form of recipe posts, photos, videos, reviews, comments, likes, votes and a wide variety of other content for your own use and for viewing by other users (the “Services”).
You must be 13 years of age or older to use Christmas Kitchen, and 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a member or to obtain Services through a Site.
We may require you to register with Christmas Kitchen or a third party partner in order to use the Services or access certain features of the Services. If you register, you are required to provide accurate and up to date information including an email address (“User ID”) and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. Christmas Kitchen reserves the right to cancel your membership anytime at its sole discretion.
Rights to Use
- you will not copy or distribute any content including photos and information or any part of the Site without our written permission,
- you will not alter or modify any parts of a Site,
Restrictions on Rights to Use
You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
- modify, translate or reverse engineer any portion of any one of the Sites or the Services;
- launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses any Site in a manner that sends more request messages to the Christmas Kitchen servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Christmas Kitchen grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Christmas Kitchen reserves the right to revoke these exceptions either generally or in specific cases;
- collect or harvest any personally identifiable information, including member names and User IDs, from a Site, nor to use the communication systems provided by a Site for any commercial solicitation purposes;
- solicit, for commercial purposes, any users of a Site with respect to their User Submissions (as defined below);
- remove any copyright, trademark or other proprietary rights notices contained in or on a Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “spam” to other users or members of a Site or otherwise interfere with other user’s or member’s enjoyment of a Site and/or Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use a Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene;
- copy or store any content offered on Christmas Kitchen for any purpose; or
- use any device, software or routine that interferes with the proper working of a Site and/or Services.
As a registered user and/or content provider you may submit Content to Us, including videos, photos, recipes, general information, reviews and comments. You also understand that whether or not such User Submissions are published, Christmas Kitchen does not guarantee any confidentiality with respect to any User Submissions.
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:
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 Christmas Kitchen all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Christmas Kitchen, or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- impersonate another person;
- solicit login information or access an account belonging to someone else;
- bully, intimidate or harass any user of a Site;
- use a Site to do anything unlawful, misleading, malicious or discriminatory;
- do anything that could disable, overburden or impair the proper working of a Site, such as a denial of service attack; or
You understand that when using Christmas Kitchen, you will be exposed to User Submissions from a variety of sources, and that Christmas Kitchen 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 Christmas Kitchen and any Christmas Kitchen with respect thereto, and agree to indemnify and hold Christmas Kitchen, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of a Site.
Intellectual Property Rights
The content on the Sites, with the exception of User Submissions, third-party content such as photos or any other information provided that is theirs, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), is owned by or licensed to Christmas Kitchen, subject to copyright and other intellectual property rights under European and foreign laws and international conventions. Content on the Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Christmas Kitchen reserves all rights not expressly granted in and to the Sites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through a Site for any commercial purposes. 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 any Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of any Site or the Content.
The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any entity making products or services available on a Site should not be construed as an endorsement or sponsorship of the Site by any such entity, or as the participation by any such entity in the offering of goods or information through the Site. You retain all of your ownership rights in your User Submissions.
Copyright Infringement Policy
Christmas Kitchen will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any Content or User Submission on a 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 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 address;
- 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.
Send all this information to our email address: [email protected].
For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Christmas Kitchen customer service through [email protected], or as directed on a specific Site. You acknowledge that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
It is Christmas Kitchen policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
Disclaimer of Warranties
The Sites and Services and all Products and Services available through the Sites are provided on an “as is” and “as available” basis. Christmas Kitchen makes no other representations or warranties of any kind, express or implied, including without limitation:
- Christmas Kitchen makes no warranties and expressly disclaims, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
- Christmas Kitchen makes no warranties that its Sites or Services, or the Services available through the Sites will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error or be free of software errors or computer viruses nor does Christmas Kitchen make any warranty as to the result that may be obtained from the use of the Sites or Services;
- Christmas Kitchen does not warrant that the products, services, descriptions, information or material included on the Sites will be as represented by third-party providers, will be free of defects or lawful to sell or will be satisfactory to you or that third-party providers will perform as promised;
- Christmas Kitchen expressly disclaims any implied warranty arising from course of dealing or usage of trade; and
- Christmas Kitchen expressly disclaims any obligation, liability or remedy in tort, whether or not arising from any negligence of Christmas Kitchen.
- Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
Limitation of Liability and Remedies
- Under no circumstances will Christmas Kitchen or its affiliates, owners, shareholders, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from any products or services available through its Sites or Services, whether based in contract, tort or otherwise.
- Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to indemnify and hold Christmas Kitchen and its affiliates, owners, shareholders, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to:
- any fraud, manipulation, deception or misrepresentation by you,
- any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Sites or Services, and
- any violation of applicable federal or state laws or regulations by you.
Last updated on February 10, 2018
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