DESCRIPTION OF SERVICES Meal and A Spiel currently provides users with access to personalized e-mail services for current students and alumni (“Services”) of Meal and A Spiel’s cooking school. By registering with Meal and A Spiel (“Company”) you understand and agree that the use of Meal and A Spiel’s website may involve exposure to advertisements and receipt of communication from Company such as newsletters, announcements, administrative messages and other various items. Any new feature added to Company website will be subject to these Terms and Conditions.
You must be at least 13 years of age to register as a user in compliance with the federal law known as COPPA (Children’s Online Privacy Protection Act). Your membership may be terminated and any profiles you have created may be deleted if we believe you are less than 13 years of age.
Member Registration Data, Account Security
In order to access some features of the Site or use some of the services offered, you may have to become a registered member and create an account. You may not use any other person’s account without permission. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Please notify us immediately of any breach of security or unauthorized use of your account.
User Conduct, General Practices
You understand that except for advertising programs offered by us, the Service and the Site are available for your personal, non-commercial use only.
You agree not to use the Service or the Site to:
- Harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails communications;
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- Use automated scripts to collect information from or otherwise interact with the Service or the Site;
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available any videos other than those that you have a right to make;
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or posted to the Site;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Harm minors in any way;
- Upload, post, transmit, share or otherwise make available any material that 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;
- Intimidate, “stalk” or harass another;
- Upload, post, transmit, share, store or otherwise make available content created by a third party that you do not own or have the rights to that would infringe upon or violate the rights of any party, or that would otherwise create local, state or national liability for Company;
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act; and/or
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that the Company may establish general practices and limits concerning use of the Service. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Proprietary Rights; Use of Content on the Site; Limited License
User Content Posted on the Site
You may remove your User Content from the Site at any time. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.
The Company does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of any User Content. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content. You understand that by accessing the Site and using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and the Company will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. The Company reserves the right to remove any User Content without prior notice.
You may access User Content solely for your information and non-commercial, personal use and as intended through the normal functionality of the Site and Service, including without limitation the “streaming” of an audiovisual work. All User Content is made available “AS IS” and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site and Service.
The Service may include certain services that are available via your mobile phone, including without limitation the ability to upload content and messages to the Site, blog post, and send and receive messages, instant messages, and other types of communications that may be developed for the Site (collectively the “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services.
Third Party Websites and Content
By using the Site and Service, you expressly release the Company from any and all liability arising from your use of any Third Party Sites or Third Party Content.
If you decide to leave the Site and access any Third Party Site or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies will not govern your use of or actions on such Third Party Sites or Content.
Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
This includes but is not limited to:
• Meal and A Spiel
• Elana Horwich’s Meal and A Spiel
• All logos, graphics and designs associated with Meal and A Spiel
Copyright and Intellectual Property Policy
It is our policy to respond to clear notices of alleged copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, Users who are deemed to be infringers. The Company 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. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a notice of infringement with the Company. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification with an attachment will not be received or processed.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES) AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE OR ANYTHING CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SOFTWARE) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING THE USE OR THE INABILITY TO USE THE SERVICE, FOR (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
Governing Law; Venue and Jurisdiction
Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The arbitration shall be conducted in Los Angeles, CA and the allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This agreement constitutes the entire agreement between you and Meal and A Spiel with respect to your use of the Web site. The provisions of this Agreement are severable. In the event any provisions are determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
By using this Web site, you agree to these terms.
Last updated: 11/1/2012
Copyright pending. Meal and A Spiel. All rights reserved.