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Terms And Condition

  1. Acceptance of Terms

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Masterchefbook.com (“we”, “us”, or “our”), concerning your access to and use of the masterchefbook.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  1. Provision of Site

We reserve the right to immediately suspend or terminate your access to the Site, without notice, for any reason or no reason at all, including, but not limited to, any breach of these Terms. We reserve the right to modify, update, or discontinue the Site or any part thereof at any time, for any reason or no reason at all, with or without notice to you.

  1. User Accounts

In order to access certain features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

  1. User Conduct

You agree to use the Site only for lawful purposes. You agree not to use the Site to upload, post, email, transmit, store or otherwise make available any content that:

  • is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • contains unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  • is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  • constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Site which are not designated for such purposes; or (2) emailed to users who have requested not to be contacted about other services, products or commercial interests;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • involves gambling or any other activity with an entry fee and a prize, or;
  • involves the transmission of “mass mailings” or “spamming” or any unsolicited commercial or promotional messages or any form of auto-responder or “spam” activities.
  1. Monitoring and Enforcement

We have the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site. We reserve the right and have absolute discretion, to remove, screen or edit any content that violates these Terms or is otherwise objectionable.

  1. Intellectual Property

All content on the Site, including, but not limited to, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

  1. Disclaimer and Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

  1. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

  1. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

  1. Dispute Resolution

Any dispute or claim arising from or relating to these Terms or the Site shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

  1. Severability

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

  1. Waiver

No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by us. No waiver of any of the rights or remedies of us shall be construed as a waiver of any other right or remedy, nor shall any single or partial exercise of any right or remedy by us preclude any other or further exercise thereof or the exercise of any other right or remedy.

  1. Entire Agreement

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

  1. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

  1. Contact Information

If you have any questions about these Terms, please contact us at contact@masterchefbook.com.

 

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