Terms of Use

 

 

iknowthechef.com Terms of Use

 

Last Updated: 8/20/14

 

This website (the “Site”) and mobile application (the “Mobile App” and, together with the Site, the “Platform”) are owned and controlled by iknowthechef.com (“IKTC”).  The Site is offered for the purpose of promoting the business of qualified premier restaurants.

 

IKTC provides the [Platform] Site and related programs and services (collectively, the “Services”) for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). This Agreement sets forth IKTC’s policies with respect to its operation of the Services. After you register for an account to access and use the Services, you will enjoy exclusive dining privileges at a variety of premier restaurants. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE EITHER (I) AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (C) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.

 

Please read this Agreement carefully before using the Services. Your use of any part of the Services constitutes your acceptance to be bound by this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Services.

 

Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

 

QUICK GUIDE TO CONTENTS

1.                Privacy and Protection of Personal Information

2.                Accounts, Cancellation

3.                Disclaimer of Warranties

4.                Limitations on Liability

5.                Indemnification

6.                Modification/Termination of the Services

7.                Software and Downloads Available Through the Services

8.                User Code of Conduct

9.                Interactive Services and User Materials

10.              Referral Programs

11.              Voting/Rating Features

12.              Mobile Devices

13.              International Use/U.S. Export Controls

14.              General

15.              COPYRIGHT & TRADEMARK NOTICE

16.              Changes to this Agreement

 

 

1.              Privacy and Protection of Personal Information

 

Please review the IKTC Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services you agree to the terms of the IKTC Privacy Policy.

 

2.              Accounts, Cancellation

 

If you register for an account to use the Services, you must complete the registration process specified on the Site or through the Mobile App by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify IKTC immediately of any unauthorized use of your account. IKTC is not liable for any loss that you may incur as a result of someone else using your password or account.  We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.

You may cancel your account or subscription to the Services at any time by notifying Customer Service at info@iknowthechef.com. PLEASE NOTE THAT, ALTHOUGH YOU MAY CANCEL YOUR ACCOUNT OR SUBSCRIPTION AT ANY TIME, ANY FEE YOU PAID TO SUBSCRIBE TO IKTC IS NON-REFUNDABLE.

 

3.              Disclaimer of Warranties

 

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION REGARDING RESTAURANTS OR THE SERVICES PROVIDED BY RESTAURANTS) IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. IKTC affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, including thE Site and its contents (THE “IKTC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND THAT ITKC IS NOT THE SELLER OF THE GOODS OR SERVICES ADVERTISED ON THE SITE AND THAT IKTC IS NOT THE AGENT OF ANY RESTAURANT AND MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE CONCERNING, AND TAKES NO RESPONSIBILITY FOR, THE GOODS OR SERVICES ANY RESTAURANT PROVIDES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IKTC PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. IKTC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE IKTC PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.

Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IKTC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

4.              Limitations on Liability

 

In no event shall the IKTC Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if IKTC has been advised of the possibility of damages.  In no event shall IKTC’s liability exceed the total amount paid by you to IKTC, if any, for accessing the Services.

 

5.              Indemnification

 

You agree to defend, indemnify and hold harmless the IKTC Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software.  You agree to cooperate fully with IKTC in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

 

6.              Modification/Termination of the Services

 

IKTC may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.

If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. IKTC shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.

 

7.              Software and Downloads Available Through the Services

 

Any software that is made available in connection with the Services, including applications such as the Mobile App, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, IKTC and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. IKTC has no liability with respect to any Software owned or controlled by third parties.

 

8.              User Code of Conduct

 

In accessing and using the Services, you agree that you will not use them for any other purpose, including without limitation to: (i) deliver any unsolicited promotional materials (unless otherwise expressly permitted by the Services); (ii) deliver, or provide links to, any unlawful, obscene, defamatory, discriminatory, harmful, violent or abusive postings, or any postings that advocate any of the foregoing; (iii) disguise or misrepresent your identity or affiliate; (iv) damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment; or (v) attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.

 

9.              Interactive Services and User Materials

 

Interactive Services

The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below.

 

User Materials

IKTC does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). IKTC is not obligated to and does not regularly review, monitor, delete, or edit User Materials. However, IKTC reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. IKTC is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.

 

You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by IKTC will not violate the rights of any third party.

 

By providing or modifying any User Material, you are granting IKTC and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such User Material, alone or as a part of other works in any form, media or technology now or hereafter known.  No credit, approval or compensation is due to you for any such use of User Materials you may provide.  IKTC also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials.  Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Policy.

 

The information and opinions expressed in User Materials are not necessarily those of IKTC or its content providers, advertisers, sponsors, affiliated or related entities, and IKTC makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. IKTC does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others.  IKTC has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.  You acknowledge that the Site is “public,” and in addition to the license granted to IKTC, other users will have access to your User Materials and might copy, modify or distribute them.

 

If you are aware of any User Materials, which violate this Agreement, please contact us at info@iknowthechef.comPlease provide as much detail as possible, including a copy of the underlying material, the location where IKTC may find it, and the reason such User Materials should be removed.  Please note that filing a complaint will not guarantee its removal, and IKTC will only remove User Materials if it believes that removal is necessary.  If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

 

Other than those we specifically request, we do not accept unsolicited content or suggestions.  This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently.  However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials.  Without limiting those rights, you agree that IKTC, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

 

10.            Referral Programs

 

The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including their contact information, so they may receive information and/or promotional offers concerning the Services.  You should obtain the consent of the Referred Person prior to providing us with his or her contact information.

 

We reserve the right to limit the number of Referred Persons you can submit and the number of communications with any particular Referred Person from time to time.  A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services.  The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services.  We will not be responsible for validating the contact information you provide.  We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists.  We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party.  We specifically disclaim any liability for such rejection.

 

We may send you a confirmation to inform you that the Referred Person has registered for an account.  We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms which are deemed incorporated into, and subject to, this Agreement.

 

11.            Voting/Rating Features

 

For any voting/rating features that are available through the Services, you must follow all instructions and limitations provided via the Services to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified.  Payment or other consideration in exchange for votes/ratings is prohibited.  Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void.  IKTC is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings.  We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating.  We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

 

12.            Mobile Devices

 

Through use of the Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”).  In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable).  You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services.  You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Site’s operations.  Any equipment or software causing interference will be immediately disconnected from the Services, and IKTC may immediately suspend or terminate your further use of the Services.  If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense.  Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement.  You agree to comply with any applicable laws in your use of the Services.

 

13.            International Use/U.S. Export Controls

 

Accessing materials through the Services by certain persons in certain countries may not be lawful, and IKTC makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.

 

The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

 

14.            General

 

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You irrevocably agree that any all disputes, claims and causes of action relating to this Agreement, the Additional Terms, the Services, and/or the Privacy Policy, shall be resolved in the Supreme Court of the State of New York or the federal courts located in the State of New York.  You agree to commence any action with respect to this Agreement within one year after the claim arises and that any action commenced after this date is barred.

 

If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and IKTC with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of IKTC.  All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

 

If you have any questions concerning this Agreement or the Services, please contact us at info@iknowthechef.com.

 

15.            FEES AND PAYMENTS

 

Certain programs, features, products or Services offered by IKTC through the Platform, may be required payment of fees (the "Paid Services"). Such Paid Services are governed by the provisions of this Agreement and any applicable Additional Terms presented in conjunction with those products or Services, as detailed on the Platform. All payments will be made in advance through our third party payment processor (e.g. MyCheck ) ("Third Party Processor"). All payments paid through such Third Party Processor are subject to such third party's Terms of Use [http://us.mycheckapp.com/terms-conditions-mycheck] and Privacy Policy [http://us.mycheckapp.com/privacy-policy] (the Payment Processor may also have other terms, and you are responsible for locating and familiarizing yourself with those terms, as applicable).

 

16.            COPYRIGHT & TRADEMARK NOTICE

 

Use of Intellectual Property

 

The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, IKTC logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by IKTC or by other parties that have provided rights thereto to IKTC.

 

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of IKTC.  Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.

 

Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by IKTC, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.

 

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of IKTC.

 

Copyright Infringement

 

IKTC respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through  the Services you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. IKTC reserves the right to remove access to infringing material. Such actions do not affect any other rights IKTC may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

 

Procedure for Making Claim of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

 

By mail:

 

DMCA Designated Agent

 

261 Madison Avenue 9th Floor

 

New York, NY 10016

 

By Facsimile: 516-908-4342

 

By Email: info@iknowthechef.com

 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

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

(ii) 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.

(iii) 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 IKTC to locate the material.

(iv) Information reasonably sufficient to permit IKTC to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

17.            Changes to this Agreement

 

IKTC reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time.  IKTC will endeavor to provide notice of any material change to this Agreement on the Site [or through the Mobile App] but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement.  Please review this Agreement and/or the Additional Terms periodically for changes.

 

I HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF THIS AGREEMENT __