CK-CreativeKitchen Site Terms and Conditions

Last updated on 30. April 2015

 

General Conditions

Services

Property rights and licences

No warranties/limitation of liability

Miscellaneous

General provisions

 

General Conditions

Agreements and parties

1.1 Your Use of the CK-CreativeKitchen (furthermore CK) services and websites (collectively, the “Services”) is governed by this Site Terms and Conditions (furthermore Site Terms), except where you enter into a separate written agreement with CK. CK refers to „private owned company”, whose principal place of business is located in Hungary (Street: Petőfi u. 20, City: Szank , ZIP 6131, Hungary).

1.2 These Site Terms form a legally binding relationship between you and CK and are subject to modification from time to time by CK. CK recommends that you check back frequently for updates to our Site Terms.

1.3 In addition to these Site Terms, your agreement with CK will include the terms of any legal notices CK posts on CK-CreativeKitchen.com. These are the “Additional Terms” and are also legally binding on you and CK.

1.4 If there is any conflict between the Additional Terms and these Site Terms, the Additional Terms will supersede the Site Terms.

Language

1.5 The English language version of these Site Terms, and not the translation(s) of the Site Terms, will govern in the event of a contradiction between the English language version and a translation.

1.6 In those instances where CK has provided you with a translation of the English language version of these Site Terms, you agree that the translation is provided for your convenience only and that the English language version, not the translation of these Site Terms will be legally binding for you.

1.7 You take note of official language of our site is the English irrespective of official language in your home country. The communication (mainly but not limited to post recipes, send emails) is accepted only in English language by CK.

Modification

1.8 CK reserves the right to modify these Site Terms from time to time and in its sole discretion and to make those modifications available to you on this page or on such other page as CK may direct to you.

1.9 Your use of the Services following a modification of these Site Terms constitutes your acceptance of the modified Site Terms.

Acceptance

1.10 You must first accept these Site Terms before you can use the Services.

1.11 You can accept these Site Terms by:

(i) clicking to accept or agree to these Site Terms, where CK makes this option available to you in the user interface for any Service; or

(ii) by actually using the Services. In this case, you understand and agree that CK will treat your use of the Services as acceptance of these Site Terms.

1.12 You may not use the Services and may not accept these Site Terms if you are not of legal age to form a binding agreement with CK; or if use of the Services is unlawful in your jurisdiction.

1.13 Before you continue reading these Site Terms, suggested to print or save a local copy of these Site Terms for your records.

1.14 If you do not accept these Site Terms please do not access and/or use our Services.

Services

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Provision of Services

2.1 CK-CreativeKitchen is a newly established brand. Consequently, CK is expected to grow and develop as a company. You acknowledge and agree that CK may alter its Services in response to its growth and development without prior notice to you.

2.2 While CK does not currently have any subsidiaries or affiliated legal entities, it may have them in the future. In the event that happens, you agree that CK’s subsidiaries and affiliated legal entities will be entitled to provide the Services to you.

2.3 CK may stop, suspend or replace the Services (or certain portions of the Services) provided to you at CK’s sole discretion and without any prior notice to you. If you decide to stop using the CK Services, you may do so at any time, unless you expressly agree otherwise in connection with a separate agreement between you and CK or through Additional Terms.

2.4 You acknowledge and agree that if CK disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content in your account.

2.5 CK may not currently have set a limit on the number of searches or posts you may send or receive through the Services or the amount of storage space you may use through CK-CreativeKitchen.com to save your search results. Nevertheless, you acknowledge and agree that CK reserves the right to set search limits, storage limits, and other limits on your use of the Services, at any time, and at CK’s sole discretion.

Use of Services

2.6 In order to register on CK-CreativeKitchen.com or use CK’s Services, you may be required to provide information about yourself (e.g., your name and contact details). In providing this information about yourself, you agree to keep the registration information you provide to CK current and accurate at all times.

2.7 You agree to use CK’s Services only for the purposes permitted by these Site Terms and applicable laws in each relevant jurisdiction.

2.8 In accessing CK Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services except you have a separate written agreement with CK. If you want to promote your goods or services, please read our proposal under ’advertise with us’ and contact us at advertise@ck-creativekitchen.com.

2.9 You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need CK’s prior written permission if you want to use any content on CK’s Services for any other reason.

2.10 You agree not to attempt to access the Services by any method other than through the interface CK provides, unless CK expressly authorizes you to do so in a separate written agreement. Specifically, you agree not to use automated means (such as web crawlers or scripts) to access the CK services.

2.11 You agree that you will not do anything (directly or through a third party) to interfere with or disrupt the Services, including the servers and networks connected to the Services.

2.12 You agree that you will not reproduce, copy, sell, trade, duplicate or resell the Services for any reason, unless CK specifically authorizes you to do so.

2.13 CK has no responsibility to you or any third party for loss or damage arising from your violation of these Site Terms.

2.14 CK-CreativeKitchen.com contains or links to thousand of recipes and food ingredients from around the world. CK is not responsible for any adverse health consequences or allergic reactions resulting from your consumption of food ingredients contained in recipes on CK-CreativeKitchen.com or any third party website.

2.15 CK make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.

2.16 You agree that you, and not CK, are solely responsible if you violate your obligations under these Site Terms and for the consequences arising out of such breach, including any loss, damage, or reasonable attorneys fees CK may incur as a result of you violation.

Content in the Services

2.17 You understand that the information you have access to or use of as part of your use of the Services is the sole responsibility of the person or entity from which the content (whether data files, text, software, music, audio files, photos, videos or other images) originated. All of this information is referred to in these Site Terms as the “Content.”

2.18 You acknowledge and agree that any Content included in the Services (including advertisements, sponsored Content, pictures) may be protected by intellectual property rights owned by CK, advertisers, sponsors or third parties. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works of, the Content, unless the originator of such Content expressly authorizes you to do so in a signed written agreement.

2.19 CK frequently uses hyperlinks to third party websites as part of its provision of the Services.

2.20 You agree that CK is not responsible or liable for any loss or damage which you incur as a result of your accessing third party websites through hyperlinks on CK-CreativeKitchen.com.

2.21 You also agree that CK is not responsible or liable for the accuracy of any Content provided on third party websites.

2.22 CK reserves the right (but is not obligated to) pre-screen, review, flag, filter, modify, reject or remove any Content from the Service.

2.23 You acknowledge and agree that terms used by CK to categorize recipe Content (including, without limitation, vegetarian, low fat, gluten free and egg free recipe data etc.) are used for the exclusive purpose of organizing search results. While CK strives to give you accurate search results, CK cannot guarantee that all recipes grouped within a category will meet all governmental and non-governmental standards for such category, nor can CK guarantee that all recipes resulting from a CK search will accurately reflect the search terms. You are solely responsible for screening your CK search results for ingredients which are objectionable or harmful to you for any reason.

2.24 You acknowledge that by using the Services, you may be exposed to Content that you find offensive or objectionable and that you are viewing the content at your own risk.

2.25 You acknowledge and agree that you, and not CK, are solely responsible for any Content you create, transmit or display using the Services and for the consequences of your actions in connection with your use of the Services.

Terminating use of Services

2.26 CK may terminate your use of the Services if you breach any provisions of these Site Terms, if CK decides not to continue providing the Services, or if required by applicable law.

2.27 You may terminate your agreement with CK by closing your CK account in your CK profile and stopping your use of the Services.

Copyright and trademark Services

2.28 It is CK’s policy to respond to notices of alleged copyright and trademark infringement and to terminate the CK accounts of repeat infringers. To submit a complaint of copyright infringement, please send an email notice to CK at help@CK-CreativeKitchen.com.

Property rights and licences

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Proprietary and intellectual property rights

3.1 You agree that CK owns all legal rights, title, and interest in and to the Services, including any intellectual property rights therein wherever in the world those rights exist.

3.2 All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on CK Services (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Site Terms.

3.3 You agree not to use any CK trade name, trademark, service mark, logo, domain name or brand features without CK’s express prior written consent. You further agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) contained in the Services.

License from CK to you

3.4 CK gives you a personal, worldwide, royalty-free, non-assignable, non-sublicenseable, non-transferable and non-exclusive license to use the software (hereby the “Software”) provided to you as part of the Services solely to enable you to use the Services in the manner authorized by these Site Terms.

3.5 You may not directly or indirectly copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part of the Software, nor permit or facilitate others in doing so.

Your content license to CK

3.6 You retain copyright (and any other intellectual property rights) you currently possess in any Content you submit, post or display on CK-CreativeKitchen.com or through the Services. By submitting, posting or displaying your Content through the Services you grant to CK a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, edit, reformat, create derivative works from, incorporate into other works, commercialise, publish, publicly perform, publicly display and distribute any Content you submit, post or display through the Services for the sole purpose of enabling CK to display, distribute, perform and promote the Services.

3.7 You represent and warrant to CK that you have the right, power, and authority to grant CK the license set forth in Section 12.1 above.

3.8 While you may submit images on CK-CreativeKitchen.com or through the Services, any image you submit must be a recipe-related image which is owned by you and not subject to third-party copyrights and does not contain third-party trademarks. A non-exclusive example of an acceptable image would include images of recipes prepared by you. CK reserves the right to remove (without notice) images that are not related to recipes or food, that are inappropriate (as determined in CK’s sole discretion), that contain copyrighted or trademarked materials which CK believes to be owned by a third party, or that appear to contain information personally identifying individuals who are under the age of 16. We recommend you keep back-up copies of your submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your submissions.

3.9 We shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any User Contribution.

No warranties/limitation of liability

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4.1 CK provides the Services to you on an “AS IS” and “AS AVAILABLE” basis. This means that CK, its subsidiaries, affiliates and licensors do not represent or warrant to you that: your use of the Services will meet your requirements; your use of the services will be uninterrupted, timely, secure of free of error; or information you obtain through the Services will be accurate or reliable.

4.2 Any material you download or obtain through the Services is at your own risk and CK will not be responsible for any resulting damages to your computer system or other device or loss of data resulting from downloaded materials.

4.3 CK expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

4.4 You expressly understand and agree that CK and its subsidiaries, affiliates and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or punitive damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to,

4.5 This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.

Miscellaneous

Your privacy

5.1 Please review the separetaly provided CK’s Privacy Policy. The CK Privacy Policy explains how CK treats your personal information and maintains your privacy when you use the Services.

5.2 You agree to CK’s use of your data as provided under CK’s Privacy Policy.

Passwords and account security

5.3 You agree to maintain the confidentiality of usernames and passwords associated with any CK account you use to access CK Services.

5.4 You must notify CK immediately if you become aware of any unauthorized use of your CK username, password or account. Please inform CK by sending an email notice to help@ck-creativekitchen.com.

5.5 You agree that you will be solely responsible to CK for all activities that occur under your CK account.

5.6 If you are under 16 you will need to obtain your parents or guardians permission before using any interactive features of our Services, such as transmitting or uploading any content onto our Services. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your email address, to us or to any other user of our Services.

Advertising and Sponsorship

5.7 Parts of or all of the Services may from time to time contain advertising and sponsorship and offers. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Site Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

5.8 You may find more information under ’Advertise with us’ on CK-CreativeKitchen.com if you want to publish your services or products on our sites. Please send your inquiry to advertise@ck-creativekitchen.com .

General provisions

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6.1 These Site Terms shall be governed by Hungarian law without regard to its conflict of laws provisions. You and CK agree to submit to the exclusive jurisdiction of the courts located within the Tribunal Kecskemet, to resolve any legal matter arising from these Site Terms. CK’s failure to enforce any rights arising hereunder shall not be deemed a waiver of such rights. If any court of competent jurisdiction rules that any provision in these Site Terms is invalid, then that provision will be removed from these Site Terms without affecting the remainder of this document, which remaining provisions shall be valid and enforceable.