Terms of Use for Culinary Bite

This document was last updated on 2023-08-02. Changes were made to: Terms of Use Created.

1. Introduction

Welcome to Culinary Bite, accessible at https://culinarybite.com("Website"). Culinary Bite is an infotainment platform dedicated to the art and science of cooking, offering a rich assortment of culinary news, reviews, tutorials, and interactive content designed to inspire and educate food enthusiasts of all levels.

By accessing or using our Website in any way, whether as a guest or a registered user, you agree to be bound by these Terms of Use ("Terms"), including our Privacy Policy, incorporated herein by reference. These Terms govern your use of Culinary Bite and provide important information about your rights and obligations.

These Terms constitute a legally binding agreement between you (the user) and Culinary Bite, owned and operated by Culinary Bite Inc., henceforth referred to as "we", "us", or "our". If you do not agree to these Terms, you must not access or use our Website.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Website, or updating the "Last Updated" date at the top of these Terms. By continuing to use the Website after such changes are made, you accept and agree to the revised Terms.

The Website is not intended for users under the age of 13. By using the Website, you represent and warrant that you are 13 years of age or older and that you agree to abide by all of the terms and conditions of these Terms. If you are under 13 years of age, do not use or provide any information on this Website.

For any questions regarding these Terms or the Website, please contact us at [email protected]

2. User Account and Registration

Account Creation: To access certain features of Culinary Bite, you may be required to create an account. During the registration process, you will be asked to provide specific information, including a valid email address and a password. You agree to provide accurate, current, and complete information about yourself as prompted by our registration forms and to maintain and promptly update your information to keep it accurate, current, and complete. We reserve the right to suspend or terminate accounts that are suspected of being inaccurate or incomplete.

User Responsibilities: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Culinary Bite immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Culinary Bite or any other user of the Website due to someone else using your password or account, either with or without your knowledge.

Account Security: You agree to take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

Eligibility: By creating an account, you represent and warrant that:

You are 13 years of age or older. Certain content or services may be subject to heightened age and/or other eligibility requirements.
Your registration and your use of the Website is in compliance with all applicable laws and regulations.
You have not previously been suspended or removed from the Website.

Account Termination: You agree that Culinary Bite reserves the right to suspend or terminate your account, at our sole discretion, at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause. Upon such termination or suspension, you must immediately discontinue use of the Website, and your right to access and use the Website will immediately cease. Culinary Bite is not liable to you or any third party for any termination of your access to the Website.

Changes to Account Information: You may update, edit, or terminate your account at any time through the Website settings or by contacting us directly at [email protected].

3. Content on Culinary Bite

Types of Content: Culinary Bite offers a diverse range of content, including but not limited to articles, videos, recipes, user comments, and interactive forums ("Content"). This Content is provided for informational, educational, and entertainment purposes only.

Ownership and Copyright: All Content displayed on Culinary Bite, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Culinary Bite or its content suppliers and is protected by international copyright and other intellectual property laws. Culinary Bite respects the intellectual property rights of others and expects its users to do the same.

User-Generated Content: Users may have the opportunity to create, post, or share content, such as comments, reviews, and photos ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Culinary Bite. By posting User Content, you grant Culinary Bite a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the provision of the Website and Culinary Bite's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

Prohibited Content: You agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any of the following:

Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.

Content Review: Culinary Bite has the right, but not the obligation, to monitor and edit or remove any activity or Content. Culinary Bite takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Culinary Bite liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

4. User Conduct

Acceptable Use: By accessing or using Culinary Bite, you agree to conduct yourself in a manner that is lawful, respectful, and considerate of others. You must not use Culinary Bite for any purpose that is illegal, prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Culinary Bite or others.

Prohibited Activities: Specifically, you agree not to:

Engage in any form of harassment, discrimination, or threatening behavior towards other users or staff.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication is specifically allowed.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material.
Restrict or inhibit any other user from using and enjoying the services or features offered on Culinary Bite.
Violate any code of conduct or other guidelines which may be applicable for any particular service or feature on the Website.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable laws or regulations.

User-Generated Content Guidelines: When you contribute, upload, or otherwise provide user-generated content to Culinary Bite, you also agree to adhere to the following guidelines:

Ensure that your contributions are relevant and appropriate to the forum or content to which you are contributing.
Respect the opinions and rights of others, even if you disagree with them.
Contribute in a constructive manner, avoiding any content that could be interpreted as aggressive, confrontational, or derogatory.
Refrain from posting content that could be harmful to minors.

Enforcement of User Conduct: Culinary Bite reserves the right to investigate and take appropriate legal action against anyone who, in Culinary Bite’s sole discretion, violates this section, including without limitation, removing the offending communication from the Website and terminating or suspending the account of such violators. The actions taken may include but are not limited to immediate removal of content, issuing warnings, and terminating user access and account.

Your cooperation is expected in ensuring that Culinary Bite remains a respectful and law-abiding community. The standards set forth in this section are designed to maintain a positive and inclusive environment for all users, and adherence to these guidelines is essential for the continued enjoyment and safety of Culinary Bite's services.

5. Privacy Policy

Reference to Privacy Policy: Culinary Bite is committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms of Use by this reference, details how we collect, use, and protect your personal information in connection with your use of the Website. The Privacy Policy is available at a dedicated URL on our Website and is accessible to all users https://culinarybite.com/privacy-policy/.

Collection of Information: When you use Culinary Bite, we may collect certain information about you, including personal information you choose to provide us, information about your use of the Website, and information from third-party sources. This can include details such as your name, email address, location, and any other information you provide when creating an account, posting content, or interacting with the Website.

Use of Information: The information we collect is used to:

Provide, maintain, and improve the services and features offered on Culinary Bite.
Understand and analyze user preferences and behavior to enhance your experience on the Website.
Communicate with you about services, features, surveys, newsletters, offers, promotions, and events, and provide other news or information about Culinary Bite and our select partners.
Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of Culinary Bite and others.

Protection of Information: Culinary Bite employs various security measures designed to help protect and secure your personal information. However, no system of transmission over the Internet or method of electronic storage is completely secure, so we cannot guarantee its absolute security.

Sharing of Information: We may share your information with third parties in the following circumstances:

With your consent or at your direction.
With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf.
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process.
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Culinary Bite or others.

Access and Control Over Information: You may have certain rights regarding the personal information we hold about you. These may include the right to access, correct, delete, or restrict the use of your personal information, subject to applicable law. You can manage your account information through your account settings or by contacting us directly at [email protected].

Updates to Privacy Policy: Culinary Bite reserves the right to update or modify our Privacy Policy at any time. We will notify you of any changes by posting the new Privacy Policy on the Website and updating the "Last Updated" date. Your continued use of the Website after any changes to the Privacy Policy will constitute your acceptance of such changes.

For more detailed information about how we handle your personal information, please refer to our full Privacy Policy. If you have any questions about this section or our privacy practices, please contact us at [email protected].

6. Intellectual Property Rights

Ownership and Copyright: The content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of Culinary Bite are owned by Culinary Bite, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes the brand name, the domain, the logo, and any other trademarks or service marks of Culinary Bite. Unauthorized use of such materials is strictly prohibited and may violate copyright, trademark, and other laws.

License to Use Website: Subject to your compliance with these Terms, Culinary Bite grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Culinary Bite, in the manner permitted by these Terms. No rights are granted to you other than as expressly set forth herein.

Prohibition on Infringement: You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or any services or materials available through the Website without obtaining a license to do so from Culinary Bite or its licensors.

User Contributions: By posting, uploading, inputting, providing, or submitting your contribution to the Website, you grant Culinary Bite, its affiliated companies, and necessary sublicensees permission to use your contribution in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your contribution; and to publish your name in connection with your contribution. No compensation will be paid with respect to the use of your contribution, as provided herein. Culinary Bite is under no obligation to post or use any contribution you may provide and may remove any contribution at any time in Culinary Bite's sole discretion.

Trademark Information: The trademarks, logos, and service marks displayed on the Website are the property of Culinary Bite or other third parties. You are not permitted to use these Marks without the prior written consent of Culinary Bite or the third party that owns the Marks.

Copyright Complaints and Copyright Agent: Culinary Bite respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information, in the format specified by applicable law.

7. Third-Party Links and Content

Third-Party Content: Culinary Bite may provide links to web pages, websites, and services provided by third parties. These links are provided for your convenience to provide further information and do not signify that we endorse the website(s) or their content. Culinary Bite has no control over the nature, content, and availability of those sites and is not responsible for the content, privacy policies, or practices of any third-party web pages or services.

No Endorsement: The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. You acknowledge that such external sites usually have their own terms and privacy policies, and Culinary Bite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Disclaimer: We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. You acknowledge and agree that Culinary Bite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web pages or services.

User Interaction: Your dealings with or participation in promotions of advertisers found on Culinary Bite, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Culinary Bite shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Risk Acknowledgment: By using Culinary Bite, you expressly acknowledge and agree that Culinary Bite shall not be responsible for any claims, damages, or losses resulting from your use of any third-party content, websites, or services accessed from Culinary Bite. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through third-party sites.

Advice on Third-Party Content: We advise users to be aware when they leave our website and to read the privacy statements of any other site that collects personally identifiable information. If you decide to access any of the third-party websites linked to Culinary Bite, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

8. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties: You expressly agree that your use of Culinary Bite, its content, and any services or items obtained through the website is at your own risk. Culinary Bite, its affiliates, and their licensors do not warrant the accuracy, completeness, security, reliability, quality, availability, or timeliness of the content, services, software, text, graphics, links, or communications provided on or through the use of Culinary Bite.

The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Culinary Bite or through the website will create any warranty not expressly stated herein.

Limitation of Liability: To the fullest extent provided by law, Culinary Bite, its affiliates, service providers, employees, agents, officers, or directors shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the website, any websites linked to it, any content on the website or such other websites, or any services or items obtained through the website or such other websites, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Culinary Bite has been informed of the possibility of damage.

This limitation of liability includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Culinary Bite, its parent company, officers, directors, employees, agents, licensors, and suppliers (the "Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

This indemnification obligation will survive the termination of these Terms of Use and your use of Culinary Bite. This means that you are responsible for actions associated with your account and the content you contribute, and you agree to support Culinary Bite in defending any claim that relates to your use of the Website.

Furthermore, you agree to cooperate fully with the Indemnified Parties in the defense of any claim. Culinary Bite reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Culinary Bite.

10. Modification of Terms and Termination

Modification of Terms: Culinary Bite reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Culinary Bite grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Termination: Culinary Bite may terminate or suspend your access to all or part of the Website, without notice, for any conduct that Culinary Bite, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or Culinary Bite. Upon termination, your right to use the Website will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Website or may contact us at [email protected] to request account deletion.

Effect of Termination: Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. Culinary Bite shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Survival: The provisions of these Terms of Use that, by their nature, should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

Governing Law: These Terms of Use and your use of the Website shall be governed by and construed in accordance with the laws of the jurisdiction where Culinary Bite is headquartered, without giving effect to any principles of conflicts of law. By using Culinary Bite, you agree that any action at law or in equity arising out of or relating to these Terms of Use or Culinary Bite shall be filed only in the state and federal courts located in Culinary Bite's jurisdiction and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Dispute Resolution: In the event of any dispute between you and Culinary Bite arising out of or in connection to these Terms of Use, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the jurisdiction where Culinary Bite is headquartered, or at another mutually agreed location. The arbitration will be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction.

Exceptions to Arbitration: Notwithstanding the above, both you and Culinary Bite agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our rights to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (c) seek injunctive relief in a court of law, or (d) to file suit in a court of law to address intellectual property infringement claims.

Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Opt-Out of Agreement to Arbitrate: You have the right to opt-out of the agreement to arbitrate by sending written notice of your decision to opt-out to the contact email provided on the Website, within 30 days of first accepting these Terms of Use. If you opt-out of the agreement to arbitrate, all other parts of these Terms of Use and this Dispute Resolution section will continue to apply to you.

12. Miscellaneous

Severability: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Waiver: No waiver by Culinary Bite of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Culinary Bite to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Culinary Bite with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Assignment: You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Culinary Bite’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Culinary Bite may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Headings: The headings in these Terms of Use are for reference only and do not affect the interpretation of these Terms.

Notices: All notices, requests, demands, and other communications under these Terms of Use should be in writing and addressed to Culinary Bite at the contact email provided on our Website unless otherwise specified in these Terms.

Force Majeure: Culinary Bite will not be held responsible for any delay or failure in performance of any part of the Website, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

13. Acknowledgement and Acceptance of Terms

By accessing or using the Culinary Bite website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any future modifications. If you do not agree to these Terms, you are not authorized to use or access the website and its services.

Your continued use of the website following any posted changes to these Terms of Use will be considered acceptance of those changes. It is your responsibility to review these Terms of Use periodically for updates or changes. Your use of the website after the posting of modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the modified Terms.

By using Culinary Bite, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms, which forms a legally binding contract between you and Culinary Bite. If you are using the website on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms, and you agree to be bound by these Terms on behalf of such organization or entity.

If you have any questions or concerns about these Terms of Use, the practices of this site, or your dealings with this website, please contact us at [email protected] for further assistance.