Effective January 1, 2012
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also agree that the limited warranty is the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the limited warranty. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
These terms constitute the whole legal agreement between KitchenArtistry and the user. If any court rules that any provision of these terms is invalid, then that provision will be removed from these terms without affecting the rest of the terms and the remaining provisions of these terms will continue to be valid and enforceable. Access to the KitchenArtistry website may be terminated if you violate any part of these terms.
Uses of certain services requires a password, you are responsible for maintaining the confidentiality of all such passwords. You are responsible for maintaining the confidentiality of your user identification, and are fully responsible for all activities that occur under your user identification and password. You may not share your password at any time with any other user. To ensure privacy, all members must keep their password confidential and logout when done.
Limited Warranty and Disclaimer of Warranty
The KitchenArtistry web site and its services are provided "as is". KitchenArtistry makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KitchenArtistry does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall KitchenArtistry be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on KitchenArtistry's Internet site, even if KitchenArtistry or a KitchenArtistry authorized representative has been notified orally or otherwise of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to use the KitchenArtistry web site only for its stated purpose. You may not at any time use the service in connection with spam or deceptive messages. Please have respect for all other members and do not engage in harassing or defamatory behavior toward any other member, or collect information about any other members without their consent.
Revisions and Errata
The materials appearing on KitchenArtistry's web site could include technical, typographical, or photographic errors. KitchenArtistry does not warrant that any of the materials on its web site are accurate, complete, or current. KitchenArtistry may make changes to the materials contained on its web site at any time without notice. KitchenArtistry does not, however, make any commitment to update the materials. KitchenArtistry updates the services offered frequently and can make additions or reductions to the services provided without prior notice to you.
Our goal is to maintain the highest level of system availability to our users. In rare cases, the KitchenArtistry web site may be unavailable or unable to record and process data, for reasons within our control (scheduled maintenance) or beyond our control (unscheduled maintenance, hardware failure, malicious attack). Scheduled maintenance to the KitchenArtistry system will be performed from time to time which may result in parts of the site to be unavailable for a brief period of time. No refund or compensation is available for any reason should the service being unavailable for any time. KitchenArtistry, its owners, subsidiaries, directors, employees, attorneys, affiliates, and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but not be limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data, cost to procure of substitute goods or services, or other intangible loss.
In the unlikely event that the Services should experience system failure, KitchenArtistry will make its best efforts to return the system to its exact state as it existed prior to the failure. In the event this is not possible, the most recent backup will be restored.
Links and Content
You are solely responsible for any content that you create, transmit, or display while using the KitchenArtistry website. Do not at any time transmit or upload any material that contains viruses or other harmful programs. Do not publish, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful material or information.
Any external links to other websites linked to from the KitchenArtistry website are not under the control of KitchenArtistry and KitchenArtistry is not responsible for their contents, nor imply endorsement by KitchenArtistry of the linked site. Use of any linked web site is at the user's own risk.
Any claim relating to KitchenArtistry's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.