TERMS OF USE
Introduction
Welcome to the Cooking With Katie, Inc. (“Cooking With Katie” or “we” or “us”)
web site (the “Site”)! This Site is published and maintained by Cooking
With Katie. Your access to and use of this Site is subject to the following terms
and conditions (“Terms of Use”). Please read the Terms of Use carefully
before using this Site. When you access, browse or use this Site, you accept,
without limitation or qualification, the Terms of Use. If you do not agree with
the Terms of Use, do not use this Site.
Cooking With Katie reserves the right, at our discretion, to change, modify,
add, or remove portions of the Terms of Use at any time, without notice or obligation.
As such, please check the terms of use periodically for changes. Your continued
use of this Site following the posting of changes to the Terms of Use will mean
that you accept the changes.
Please note that the headings contained in these Terms of Use are inserted for
convenience of reference only and shall not in any way define or affect the meaning,
construction or scope of any of the provisions contained in the Terms of Use.
Your Right to Use the Site and Site Materials
This Site is only for your personal use. Cooking With Katie grants you a non-exclusive,
non-transferable, limited right to enter, display and use this Site. You agree
not to affect/interrupt or to attempt to affect/interrupt the operation of this
Site in any manner.
Unless otherwise stated, this Site and the content provided in this Site (“Site
Materials”), including, but not limited to, the text and images contained
on the site and their arrangement are the copyrighted property of Cooking With
Katie and/or third party licensors. (Please note that while the terms Site and
Site Materials may appear in the Terms of Use together, when either term appears
in the Terms of Use without the other, either term shall mean both Site and Site
Materials.) All trademarks, service marks, and trade names are proprietary and
the property of their respective owners including, but not limited to, the trademarks
Cooking With Katie and the Cooking With Katie logo, which are the property of
Cooking With Katie.
You may use the Site for non-commercial and informational use only. No portion
of this Site, including text, images, audio, video or data may be copied, reproduced,
republished, transmitted, uploaded, posted or distributed in any way without
the prior written consent of Cooking With Katie, except that you may download,
display and print one copy of the content provided in this Site on any single
computer for your personal, non-commercial home use only, provided that (i) you
keep intact all copyright, trademark, and other proprietary notices, and (ii)
you make no modifications whatsoever to the materials.
Your use of this Site does not create, and nothing contained in this Site shall
be construed as creating or conferring to you, by implication, estoppel, or otherwise,
a license or any other rights in trademarks, service marks, copyrights or other
intellectual property rights or any other rights of Cooking With Katie or any
third party. This Site is provided free of charge and for informational purposes
only and does not create a business or professional services relationship between
you and Cooking With Katie.
Any unauthorized use of the Site and Site Materials may subject you to penalties
and damages, including, but not limited to, damages relating to the violation
of trademarks, service marks, copyright policies, the laws of privacy and publicity,
and certain civil and criminal statutes.
License
Cooking With Katie does not claim ownership of content you submit or make available
for inclusion on the Site. However, with respect to content you submit or make
available for inclusion on the Site, you grant us an irrevocable, royalty-free,
non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt,
transmit, publicly perform, display, or create derivative works from any such
content, in all languages, and to incorporate such content into other works in
any format or medium now known or later developed.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND ANY INFORMATION THAT YOU OBTAIN
BY USE OF THIS SITE IS OBTAINED AT YOUR OWN RISK. THIS SITE AND THE SITE MATERIALS
ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Links to or from this Site (“Linked Sites”) may exist. No judgment
or warranty is made by Cooking With Katie with respect to Linked Sites or any
of the information, services or products offered on the Linked Sites. Cooking
With Katie disclaims any responsibility for the accuracy, content, or availability
of information found on Linked Sites. Cooking With Katie does not imply, nor
should you infer, any endorsement, association, sponsorship or affiliation with
any Linked Sites or with any merchandise, products or services offered through
such Linked Sites, unless specifically stated. Cooking With Katie neither operates
nor has any control over the content or any other aspect of any Linked Sites,
and is not responsible for the content of any off-site pages or any Linked Sites.
NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE
ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES,
OR ANY OTHER LOSSES, COSTS, OR EXPENSES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY,
THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING
OF SITE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES,
OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER
ERRORS, FAILURES OR DELAYS. IN NO EVENT WILL COOKING WITH KATIE BE LIABLE TO
ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION,
COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF PROGRAMS OR DATA) WITHOUT
REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, SITE
MATERIALS, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED
SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
You shall indemnify and hold Cooking With Katie harmless from and against any
and all claims, liabilities, demands, causes of action, damages, losses and expenses,
including, without limitation, reasonable attorneys’ fees and costs of
suit, arising out of or in connection with your use of this Site.
Termination
The Terms of Use are effective until terminated by either party. Cooking With
Katie may terminate your access to the Site immediately without notice from us
if, in our sole discretion, you fail to comply with any of the terms of the Terms
of Use. You may terminate this Agreement, immediately without notice to us, at
any time by discontinuing your use of the Site, and any materials you have obtained
from the Site.
Jurisdiction
You are responsible for complying with the laws of the jurisdiction from which
you are accessing this Site and you agree that you will not access or use the
information on this Site in violation of such laws. The Terms of Use are governed
by and are in accordance with the laws of the Commonwealth of Massachusetts,
U.S.A. If you attempt to bring any legal proceedings against Cooking With Katie
you specifically acknowledge that Cooking With Katie is free to choose the jurisdiction
of our preference as to where such action against us may be held. Cooking With
Katie shall make such decision entirely as it suits us, without regard to where
in the world you are located, or from where in the world you visited this Site.
Notice of Copyright Infringement Claims
Cooking With Katie is concerned about protecting the copyright and other intellectual
property rights of others. You may notify Cooking With Katie by providing the
following information to our designated agent, as required by 17 U.S.C. § 512,
if you believe you have a copyright infringement claim resulting from material
posted on this Site:
1. A physical or electronic signature of the owner, or a person authorized to
act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the
copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and information reasonably sufficient to allow
the service provider to locate the material;
4. Information reasonably sufficient to allow us to contact you, including your
address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material
as described is not authorized by the copyright owner, its agent, or the law;
and
6. A statement that the information in your notification is accurate, and under
the penalty of perjury, that you are the owner, or are authorized to act on behalf
of the owner, of an exclusive right that is allegedly infringed.
Please provide your notification to our designated agent who may be contacted
as follows:
Designated Agent: Patricia Nelson
Fish & Richardson P.C.
Address: 225 Franklin St.
Boston, MA 02110
Telephone: 617-542-5070
Fax: 617-542-8906
Email: www.fr.com