Chef Space

TERMS OF USE

Please refer to the legal notice below for our Terms of Use.

This policy was last updated September 19, 2008.

Introduction

This website is operated by Chef Space, and the Terms of Use policies apply to this website only. Chef Space is a culinary social media service (“Chef Space” or “the Service”) available to anyone (“Members”) wanting to locate, learn, share and discuss the latest about food and dining with other Members. The Services offered by Chef Space may be accessed using our web site through membership by first creating a unique personal profile.

Eligibility

All users of this web site agree that their access to and use of this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user's own risk. These terms and conditions further are subject to change at any time without prior notice. Any such changes will be reflected on the Terms of Use page of the Chef space web site.

Use of and Membership in the Chef Space Services is void where prohibited. By using the Chef Space Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Chef Space Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Content Posted

Chef Space may delete any Content that in the sole judgment of Chef Space violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Chef Space assumes no responsibility for monitoring the Chef Space Services for inappropriate Content or conduct. If at any time Chef Space chooses, in its sole discretion, to monitor the Chef Space Services, Chef Space nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Chef Space Services, and any material or information that you transmit to other Members and for your interactions with other Users. Chef Space does not endorse and has no control over the Content. Content is not necessarily reviewed by Chef Space prior to posting and does not necessarily reflect the opinions or policies of Chef Space. Chef Space makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Chef Space is not responsible for errors in recipes or cooking and baking tips, misleading content including photos of recipes and shall not be held responsible for sickness, food allergies or death if recipe is made and consumed by Members. This also applies to recipes consumed by third parties. Chef Space is not responsible for any tips or advice given on the site and other Chef Space Services by either another User or Chef Space. Chef Space does not check for accuracy on recipes, forum posts, cooking, baking tips or newsletter information. If the content submitted by a Member of Chef Space or any of the Chef Space Services is inaccurate Chef Space, or Chefspace.com cannot be held liable for damages.

Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Chef Space Services. Chef Space reserves the right to investigate and take appropriate legal action against anyone who, in Chef Space’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Chef Space Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Chef Space:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming", sending of viruses or other harmful files
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent;
joining and participating in a Chef Space contest, sweetpstakes or giveaway as a sweepstakes enthusiast or using an auto-fill program to enroll in contests and sweepstakes
promotes criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking;
contains copyright infringement, patent infringement, or theft of trade secrets;
involves advertising to, or solicitation of, any Member to buy or sell any products or services through the Chef Space Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Chef Space Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Chef Space reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Chef Space deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Chef Space Services, you acknowledge that you will have caused substantial harm to Chef Space, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Chef Space $50 for each such unsolicited email or other unsolicited communication you send through the Chef Space Services;
covering or obscuring the banner advertisements on your personal profile page, or any Chef Space page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Chef Space Services or the networks or services connected to the Chef Space Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Chef Space Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Chef Space Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
using the Chef Space Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Chef Space website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our copyright@chefspace.com.

All content, graphics, code and software used on or incorporated into this Web site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Chef Space, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes. Any other use of this Web site or content or information contained in this Web site is strictly prohibited, unless the written permission of Chef Space first is obtained.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Chef Space has adopted a policy of terminating, in appropriate circumstances and at Chef Space's sole discretion, members who are deemed to be repeat infringers. Chef Space may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Proprietary Rights in Site Content; Limited License

Chef Space does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Chef Space Services. After posting your Content to the Chef Space Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Chef Space Services, you hereby grant to Chef Space a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Chef Space Services and in our PR and Marketing efforts to promote Chef Space.

Without this license, Chef Space would be unable to provide the Chef Space Services. For example, without the right to modify Member Content, Chef Space would not be able to digitally compress photo files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Chef Space could not allow Users to browse, read or print recipes posted by Members. The license you grant to Chef Space is non-exclusive (meaning you are free to license your Content to anyone else in addition to Chef Space), fully-paid and royalty-free (meaning that Chef Space is not required to pay you for the use on the Chef Space Services of the Content that you post), sublicensable (so that Chef Space is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Chef Space Services), and worldwide (because the Internet and the Chef Space Services are global in reach).

In the event Chef Space creates a cookbook or other text, podcast or other publication featuring content found on Chef Space, Chef Space will notify you if your recipe, profile content or any other content you have on Chef Space has been chosen. At that time, we will ask for permission to publish your information. This does not apply to marketing and PR efforts such as, but not limited to, newsletter distribution and media outreach.

You represent and warrant that: (i) you own the Content posted by you on or through the Chef Space Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Chef Space Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The Chef Space Services contain Content of Chef Space ("Chef Space Content"). Chef Space Content is protected by copyright, trademark, patent, trade secret and other laws, and Chef Space owns and retains all rights in the Chef Space Content and the Chef Space Services. Chef Space hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Chef Space Content (excluding any software code) solely for your personal use in connection with viewing the Chef Space Website and using the Chef Space Services.

The Chef Space Services contain Content of Users and other Chef Space licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Chef Space Services.

Member Disputes

You are solely responsible for your interactions with other Chef Space Members. Chef Space reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Chef Space Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Trademarks

chefspace.com and Chef Space, as well as page headers, custom graphics, buttons, images and other content on this Web site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Chef Space. Other trademarks, product names and company names or logos used on this Web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Web site is strictly prohibited.

Disclaimers

This web site may contain typographical errors or inaccuracies and may not be complete or current. Chef Space therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Profiles created and posted by Members on the Chef Space Website may contain links to other websites. Chef Space is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Chef Space. Inclusion of any linked website on the Chef Space Services does not imply approval or endorsement of the linked website by Chef Space. When you access these third-party sites, you do so at your own risk. Chef Space takes no responsibility for third party advertisements which are posted on this Chef Space Website or through the Chef Space Services, nor does it take any responsibility for the goods or services provided by its advertisers. Chef Space is not responsible for the conduct, whether online or offline, of any User of the Chef Space Services. Chef Space assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Chef Space is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Chef Space Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Chef Space Services. Under no circumstances shall Chef Space be responsible for any loss or damage, including personal injury or death, resulting from use of the Chef Space Services, attendance at a Chef Space event, from any Content posted on or through the Chef Space Services, or from the conduct of any Users of the Chef Space Services, whether online or offline. The Chef Space Services are provided "AS-IS" and as available and Chef Space expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Chef Space cannot guarantee and does not promise any specific results from use of the Chef Space Services.

This Web site, and any information or content on this Web site, are provided "as is," with all faults. Chef Space makes no representations or warranties of any kind, whether express or implied, with respect to this Web site or content or information available on or through this Web site. Except as otherwise provided under applicable laws, neither Chef Space nor its corporate affiliates, nor the owners, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Web site or any other Web site linked to this Web site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Chef Space is notified in advance of the potential for any such damages.

Limitation on Liability

IN NO EVENT SHALL CHEF SPACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CHEF SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHEF SPACE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHEF SPACE FOR THE CHEF SPACE SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold Chef Space, its subsidiaries, and affiliates, and their respective owners, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Chef Space Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Chef Space Website or through the Chef Space Services causes Chef Space to be liable to another.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Other

This Agreement is accepted upon your use of the Chef Space Website or any of the Chef Space Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Chef Space regarding the use of the Chef Space Services. The failure of Chef Space to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Chef Space is a trademark of Chef Space, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@chefspace.com with any questions regarding this Agreement.

This web site is operated by Chef Space. The web site address for Chef Space is http://www.chefspace.com. The mailing address for Chef Space is PO BOX 114, MINNEAPOLIS, MN 55025-0114.