Welcome to cuisineraclub.com(the “Web site”). Please read this Terms andConditions of Use Notice (“Notice”) carefullybefore using the Web site. By viewing or otherwise using this Web site,you agree you are 13 or older and agree to the Cuisinera Club privacypolicy and to the terms and conditions in this Notice.
We reserve the right in our sole discretion to change, modify, add, ordelete portions of this Notice at any time. We will provide notice ofsuch changes only by posting the updated Notice on our Web site andchanging the “last updated” date listed above. ThisNotice applies exclusively to your access to, interaction with, and useof, this Web site and does not alter in any way the terms or conditionsof any other agreement you might have with cuisineraclub.com(“Cuisinera Club”) for products, services, orotherwise. We encourage you to review our Notice each time you visitour site to see if it has been updated since your last visit.
If you have any questions regarding the use of the Web site, pleaserefer to the Frequently Asked Questions section within CustomerSupport. All other questions or comments about the Web site should bedirected to info@cuisineraclub.com.
Privacy Policy
USER REGISTRATION
(A) In order to access or use some features of the Web site, you willhave to become a registered user. If you are under the age of thirteen,then you are not permitted to register as a user or otherwise submitpersonal information to Cuisinera Club.com.
(B) In order to become a registered user, you must provide true,accurate and complete registration information and, if such informationchanges, promptly update the relevant registration information. Duringregistration, you will create a user name and password (a“Membership”), which may permit you access tocertain areas of the Web site not available to non-registered users.You are responsible for safeguarding and maintaining theconfidentiality of your Membership. You are solely responsible for theactivity that occurs under your Membership, whether or not you haveauthorized the activity. You agree to notify us immediately at ourcustomer support address info@cuisineraclub.comof any breach of security or unauthorized use of your Membership.
Proprietary Rights
I. Content
All Web site materials, including, without limitation, the CuisineraClub logo, design, text, graphics, other files, and the selection andarrangement thereof (collectively, “Content”) arethe proprietary property of Cuisinera Club or its affiliates orlicensors. You may electronically copy and print to hard copy portionsof this Web site for the sole purpose of using materials it containsfor informational and non-commercial, personal use only, provided youkeep all copyright or other proprietary notices intact. Any other useof Content, including any commercial use, reproduction for purposesother than described above, modification, distribution, republication,display, or performance, without the prior written permission ofCuisinera Club, is strictly prohibited.
II. Trademarks
“cuisineraclub.com,” “CuisineraClub,” and other trademarks on this Web site are trademarksof Cuisinera Club or its affiliates or licensors, and may not becopied, imitated or used, in whole or in part, without the priorwritten permission of Cuisinera Club. In addition, all page headers,custom graphics, button icons, and scripts are service marks,trademarks, and/or trade dress of Cuisinera Club, and may not becopied, imitated, or used, in whole or in part, without the priorwritten permission of Cuisinera Club. All other trademarks, registeredtrademarks, product names and company names or logos mentioned on theWeb site are the property of their respective owners.
Cuisinera Club might have other patents, patent applications,trademarks, copyrights, or other intellectual property rights coveringsubject matter in any Web pages, and any software part of the Web site.Except to the extent we may have granted you licenses to certainintellectual property in this Notice, our providing you with such Webpages or any software does not give you any license to our intellectualproperty. Any rights not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink tothe homepage or recipe home page of this Web site only, provided suchlink does not portray Cuisinera Club or any of its products andservices in a false, misleading, derogatory, or otherwise defamatorymanner. This limited right may be revoked at any time. You may not use,frame or utilize framing techniques to enclose any Cuisinera Clubtrademark, logo, or other proprietary information, including the imagesfound at this Web site, the content of any text, or the layout/designof any page or form contained on any page of the Web site, withoutCuisinera Club’ express written consent. Except as notedabove, you are not conveyed any right or license, by implication,estoppel or otherwise, in or under any patent, trademark, copyright, orproprietary right of Cuisinera Club or any third party.
Third-Party Content & Services
Cuisinera Club may provide hyperlinks to sites such as search enginesand content of third parties (“Third-PartyContent”) as a service to those interested in thisinformation. Cuisinera Club does not monitor nor does Cuisinera Clubhave control over any Third-Party Content. Cuisinera Club does notendorse or adopt any Third-Party Content and can make no guarantee asto its accuracy or completeness. Cuisinera Club does not warrant theaccuracy of any information contained on, and undertakes noresponsibility to update or review, any Third-Party Content. Users usethese hyperlinks and Third-Party Content contained therein at their ownrisk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph,image, video, “favorites” list, comments, feedback,postcards, suggestions, ideas, notes, drawings, concepts, and otherinformation, content or material, or other item (each, a“Submitted Item”) to Cuisinera Club, either onlineor offline and whether or not solicited by Cuisinera Club, you herebygrant to Cuisinera Club an irrevocable, nonexclusive, perpetual,worldwide, royalty-free right and license to use, display, publiclyperform, modify, reproduce, publish, distribute, make derivative worksof, sublicense, and otherwise commercially and non-commercially exploityour Submitted Items and all copyright, trade secret, trademark, orother intellectual property rights therein, in any manner or medium nowexisting or hereafter developed (including but not limited to print,film, or electronic storage devices), without compensation of any kindto you or any third party.
You hereby represent and warrant (a) you have all necessary right,power, and authority to grant the license set forth herein to yourSubmitted Item, and (b) your Submitted Item does not violate,misappropriate, or infringe any copyright, trade secret, trademark orother intellectual property right of any third party. You will take, atCuisinera Club’ expense, any further action (including,without limitation, execution of affidavits and other documents)reasonably requested by Cuisinera Club to effect, perfect, and confirmthe license granted to Cuisinera Club to your Submitted Item as setforth herein.
Publication or use of any Submitted Items is at the sole discretion ofCuisinera Club and Cuisinera Club is under no obligation to publish oruse any Submitted Item. If your Submitted Item is published, usedand/or posted on the Web site or otherwise used by Cuisinera Club, wemay include your name, likeness, photo or biographical information inconjunction with such publication, posting, or use. By submitting,disclosing, or offering a Submitted Item, you hereby grant CuisineraClub the right to use your name in connection with the publication, useor posting of your Submitted Item. You must include your full name ande-mail address with your Submitted Item so we can contact you if wehave any questions about your Submitted Item; however, only your nameand not your e-mail address will be published with your Submitted Item.
User Conduct
This Web site might include discussion forums or other interactiveareas, including, but not limited to, bulletin boards, and recipestorage and exchange areas. All such forums and interactive areas shallbe used only for non-commercial purposes. You are solely liable for anymaterial you upload or transmit to the discussion forums or interactiveareas of this Web site. You agree not to use the Web site to do any ofthe following:
- Upload, post, e-mail, transmit, distribute or otherwisepublish anymessage, information, text or other material(“Material”) that may beconsidered to be unlawful, harmful, libelous, tortious, defamatory,obscene, vulgar, pornographic, indecent, lewd, harassing, threatening,invasive of privacy or publicity rights, abusive, inflammatory,hateful, or racially, ethnically or otherwise objectionable;
- Upload or transmit any Material that would constitute orencouragea criminal offense, violate the rights of any party, or that wouldotherwise create liability or violate any local, state, national, orinternational law;
- Upload, e-mail, transmit, or otherwise make available anyMaterialthat might infringe any patent, trademark, trade secret, copyright, orother intellectual or proprietary right of any party;
- Impersonate any person or entity or otherwise misrepresentyour affiliation with a person or entity;
- Without Cuisinera Club’ written permission,distribute, publish, ormake available any unsolicited or unauthorized promotions, advertisingor solicitations for funds, goods or services, including junk mail,spam, and chain letters;
- Harm minors in any way; or
- Upload, post, e-mail, transmit, or otherwise make availableanyMaterial that contains software viruses or any other computer code,files, or programs designed to interrupt, destroy, or limit thefunctionality of any computer software or hardware ortelecommunications equipment.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE”BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ANDYOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.Cuisinera Club DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CUISINERA CLUB DOESNOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE,COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CUISINERA CLUB DOES NOTREPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITEAND CONTENT IS AT YOUR SOLE RISK.
Cuisinera Club reserves the right to change any and all Contentcontained on this Web site at any time without notice. Reference to anyproducts, services, processes, or other information, by trade name,trademark, manufacturer, and supplier or otherwise does not constituteor imply endorsement, sponsorship or recommendation thereof byCuisinera Club.
Limitation of Liability
IN NO EVENT SHALL CUISINERA CLUB OR ITS AFFILIATES, OR ANY OF THEIROFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANYDIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANYOTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE,LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUTOF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THISWEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE,EVEN IF CUISINERA CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. Some jurisdictions do not allow the limitation or exclusion ofliability for incidental or consequential damages, so some of the abovemight not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Cuisinera Club, itsaffiliates, and all of their officers, directors, agents, suppliers,and licensors from and against any and all claims, damages, costs andexpenses, including attorneys’ fees, arising from or relatedto your use of the Web site or any Materials or Submissions youprovide, including, but not limited to, any claim by a third party thatany Materials or Submissions infringe or violate such thirdparty’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down,destroy or delete any Material and Submissions at any time and for anyreason, including, but not limited to Material and Submissions, that wedeem inappropriate or which we believe might subject us to anyliability. We may access, use and disclose transaction informationabout your use of our Web site, and any Material and Submissionstransmitted by you via or in connection with our Web site, to theextent permitted by law, in order to comply with the law (e.g., alawful subpoena); to initiate, render, bill and collect for ourproducts and services; to protect our rights or property, or to protectusers of our Web site from fraudulent, abusive, or unlawful use of ourWeb site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANYRELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTEDVIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDEREDVIOLATIONS OF THIS AGREEMENT BY YOU.
Termination
Cuisinera Club reserves the right, without notice and in its solediscretion at any time, to terminate your license to use this Web site,to block or prevent future access to and use of this Web site, and toremove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or forany reason unenforceable, then that provision shall be deemed severablefrom this Notice and shall not affect the validity and enforceabilityof any remaining provisions.
ADDITIONAL TERMS.
LIMITATION ON LIABILITY. cuisineraclub.com is not responsible for anyproblems or technical malfunction of any telephone network or lines,computer online systems, servers, or providers, computer equipment,software, failure of any e-mail or redemption to be receivedby cuisineraclub.com on account of technical problems ortraffic congestion online or on the Internet or at any web site, or anycombination thereof including any injury or damage to entrant's or anyother person’s computer related to or resulting fromdownloading any materials consistent with the subsequent useof cuisineraclub.com. If, for any reason, the user is notcapable of running online as planned, including infection by computervirus, bugs, tampering, unauthorized intervention, fraud, technicalfailures, or any other causes beyond the controlof cuisineraclub.com which threatens or corrupts or adverselyaffects the administration, security, fairness, integrity or properconduct of this Website, cuisineraclub.com, reserves theright, in its sole discretion, to cancel, terminate or suspend theWebsite. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MEMBERSHIP, MAY BE AVIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BEMADE, CUISINERACLUB.COM WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION ANDRESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENTPERMITTED BY LAW.
Copyright Complaints
Notification must be submitted to the following Designated Agent:
Service Provider: Cuisinera Club
E-Mail Address of Designated Agent: info@cuisineraclub.com
To be effective, the notification must be a written communication thatincludes the following:
- A physical or electronic signature of person authorized toact onbehalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have beeninfringed, or, if multiple copyrighted works at a single online siteare covered by a single notification, a representative list of suchworks at that site;
- Identification of the material that is claimed to beinfringing orto be the subject of infringing activity and that is to be removed oraccess to which is to be disabled, and information reasonablysufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contactthecomplaining party, such as an address, telephone number, and, ifavailable, an electronic mail address at which the complaining partymay be contacted;
- A statement that the complaining party has a good-faithbelief thatuse of the material in the manner complained of is not authorized bythe copyright owner, its agent, or the law; and
- A statement that the information in the notification isaccurate,and under penalty of perjury, that the complaining party is authorizedto act on behalf of the owner of an exclusive right that is allegedlyinfringed.
We may give notice of a claim of copyright infringement to ourusersby means of a general notice on the Web site, or electronic mail to auser’s e-mail address in our records. Cuisinera Club may,within its sole discretion, terminate authorization of users to its Website who are repeat infringers.


