Terms of Use

Last updated November 18, 2012
 
IMPORTANT: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

These terms and conditions (the "Terms of Service") govern your access to and use of CuisineLinks website (collectively, the "Website" located at www.cuisinelinks.com), that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with CuisineLinks. Do not access or use the Service if you are unwilling or unable to be bound by these Terms of Service.

CHANGES TO THE TERMS OF SERVICE

We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. Notice of such changes will be provided, only by posting the updated Notice on our Website and changing the "last updated" date listed on the top of the notice. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

If you have any questions regarding the use of the Website, please enquire by sending your queries or concerns to support@cuisinelinks.com.

DEFINITIONS
  1. Us
    CuisineLinks Inc., a New Jersey corporation, is the provider of the Website (referred to as "us" or "we").
  2. You
    "You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service.
  3. Content
    "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as dishes, recipes, ingredients, ratings, reviews, comments, invitations, followings, likes, and any information that you publicly display or displayed in your profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "CuisineLinks Content" means Content that we create and make available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, and CuisineLinks Content.
  4. Consumer Account
    "Consumer account" is an account for your personal, non-commercial use only. In creating a Consumer Account, we ask that you provide complete and accurate information about yourself to improve your credibility as a contributor to the Service. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Consumer Accounts.
  5. Restaurant Account
    "Restaurant Account" is an account to be used solely for the purpose of representing your restaurant as a business on the Website. In creating or updating a Restaurant Account, you must be an authorized representative of the restaurant in question, and you must provide complete and accurate information about yourself and the restaurant you represent, including an unobstructed photo of yourself to be displayed in connection with your Restaurant Account. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must notify us immediately at contactus@cuisinelinks.com.
 
INTRODUCTION.
  1. Purpose.
    The mission of the website is to provide a rich an entertaining experience to all food lovers across the world, and allow them to participate in activities and events that relate to the local food business in their hometown. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your friends, and millions of other food lovers meet, exchange ideas and learn more about food from different parts of the world.
  2. Scope and Intent.
    You agree that by registering on the website, or by using our website, including our mobile applications, developer platform, paid services, or other information provided as part of the CuisineLinks services, you are entering into a legally binding agreement with CuisineLinks, Inc., 103 Carnegie Center, Suite #300, Princeton NJ 08540, USA.
 
USING OUR SERVICE
  1. Eligibility
    To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
  2. Permission to Use the Service
    We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
  3. Site Availability
    The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
  4. User Registration
    In order to access or use some features of the Web site, you will have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information to the website.

    In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address support@cuisinelinks.com of any breach of security or unauthorized use of your Membership.

 
CONTENT
  1. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CuisineLinks.
    You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
  2. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against CuisineLinks and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
  3. We own the CuisineLinks Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the CuisineLinks Content and the Service, which are protected by copyright, trade marks, patent and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the CuisineLinks Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the CuisineLinks Content are retained by us.
  4. By submitting, disclosing, or offering any recipe, review, photograph, image, video, menu, dishes, ingredients, "followings" list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a "Submitted Item") to CuisineLinks, either online or offline and whether or not solicited by CuisineLinks, you hereby grant to CuisineLinks an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
  5. You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at CuisineLinks’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by CuisineLinks to effect, perfect, and confirm the license granted to CuisineLinks to your Submitted Item as set forth herein.
  6. Publication or use of any Submitted Items is at the sole discretion of CuisineLinks and CuisineLinks is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by CuisineLinks, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant CuisineLinks the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item.
 
RESTRICTIONS

This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree to this User Agreement and to strictly observe the following:

You agree not to, and will not assist or enable others to use the Service to:

  1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
  2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by CuisineLinks;
  5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
  6. Solicit personal information from minors, or submit or transmit pornography; or
  7. Violate any applicable law.
 
You also agree not to, and will not assist or enable others to:

  1. Violate the Terms of Service;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by CuisineLinks;
  3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
  4. Reverse engineer any portion of the Service;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
  8. Reformat or frame any portion of the Service;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on CuisineLinks's technology infrastructure or otherwise make excessive traffic demands of the Service;
  10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  11. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
  15. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
 
INDEMNITY

You agree to indemnify and hold CuisineLinks, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CuisineLinks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CuisineLinks. CuisineLinks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMER

DO NOT RELY ON CUISINELINKS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CUISINELINKS AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CUISINELINKS OR ANYTHING RELATED TO CUISINELINKS, YOU MAY CLOSE YOUR CUISINELINKS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE SECTION "TERMINATION" AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

CUISINELINKS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CUISINELINKS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

CUISINELINKS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CUISINELINKS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

CUISINELINKS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CUISINELINKS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CUISINELINKS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CUISINELINKS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

TERMINATION
  1. You may terminate the Terms of Service at any time by closing your account through the settings panel on the CuisineLinks website, discontinuing your use of the Service, and providing CuisineLinks with a notice of termination here. If you close your account, we may continue to display Your Content where it implicates other users.
  2. CuisineLinks may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the CuisineLinks messaging services; creating multiple or false profiles; using the Services commercially without CuisineLinks’s authorization, infringing any intellectual property rights, or any other behavior that CuisineLinks, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, CuisineLinks has adopted a policy of terminating accounts of Users who, in CuisineLinks’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
  3. In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in earlier sections. In addition, CuisineLinks may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users.
 
Refund Policy
For Restaurants and Local Businesses

If you are disatisfied with our services, and would like to request for a refund, we will refund 100% of your money for the subscription for that year. We want you to be 100% satisfied, and if you are not, then we do not deserve to be paid for the same.

For Consumers

We want our customers to be 100% satisfied with our services. If there are any problems with your order or if you feel that you have been charged incorrectly, then please drop up an email at issues@cuisinelinks.com. We will do everything to sort out the issue. But please not that it may take 7-10 days for the credits or adjustments. You will be refunded if the decision is made in your favor, but in case the decision is made in favor of the restaurant after the investigation then you may be asked to provide additional proof for us to work on the issue.

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 any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

SEVERABILITY

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