Terms & Conditions

WELCOME TO COOKINGUPCULTURES.COM. AS USED HEREIN, THE TERM “WEBSITE” REFERS TO THE COOKINGUPCULTURES.COM WEBSITE, MOBILE-OPTIMIZED VERSIONS OF THE WEB SITE, AND DIGITAL APPLICATIONS TO WHICH THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) ARE LINKED. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VIEWING, ACCESSING OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

We reserve the right in our sole discretion to change, modify, add or delete portions of these Terms of Use at any time. We will provide notice of such changes only by posting the updated notice on our Website and changing the “last updated” date listed below. Your continued use of or access of this Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website. We encourage you to review our Terms of Use each time you visit our Website to see if it has been updated since your last visit.

These Terms of Use apply exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may have with Cooking Up Cultures, LLC (“Company”) for products, services or otherwise.

 Proprietary Rights

  • I. Copyrights; Limited License

All Website materials, including, without limitation, the Company logo, and all designs, text, graphics, pictures, recipes, information, data, software, sound files, messages, and other files and materials on the Website, and the selection and arrangement thereof (collectively, “Content”) are the copyright and proprietary property of Company or its affiliates, users or licensors. You are granted a limited, non-sublicensable license to access and use the Website and may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Subject to these Terms of Use, Company grants you a non-transferable, non-exclusive, license to install and use the software Company makes available for mobile devices (“Apps”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Website. You acknowledge and agree that the availability of any App is dependent on the third party from which you received the App (“App Store”), e.g., the Apple App Store. You acknowledge that these Terms of Use constitute the agreement between you and Company and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. Any special rules for the use of certain software and other items provided on this Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference.

Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Company is strictly prohibited. This license is subject to these Terms of Use and does not include the right to (a) modify or otherwise make any derivative uses of the Website and the Content, or any portion thereof or to use any data mining, robots or similar data gathering or extraction methods (b) use the Website or the Content other than for its intended purpose. Any use of the Website or Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at any time.

  • II. Trademarks

All trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of Company or their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. Company may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property these Terms of Use, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Disclaimer

THIS WEBSITE AND THE CONTENT AVAILABLE ON IT AND ANY SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

Company reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER 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 OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT OR SERVICES CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Company and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, liabilities and expenses, including attorneys’ fees, arising from or related to your use of the Website or any User Materials or Submitted Items you provide, or from your conduct, your violation of these Terms of Use or your violation of the rights of any third party, including, but not limited to, any claim by a third party that any Materials or Submitted Items infringe or violate such third party’s rights or interests.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing the State of Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Company reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any User Material and Submitted Item. Company also reserves the right, at any time in its sole discretion, and without notice, to discontinue the Website or any features or services available through the Website. You are solely responsible for creating backup copies of and replacing any User Material you post or store on the Website at your sole cost and expense.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.