These Terms and Conditions of Use (the “Agreement”) are between you and GigaChef, LLC (“GigaChef” or the “Company”). In consideration of the right to access and use the website located at the Universal Resource Locator http://cookingdistrict.com (the “Site” or the “Website”), and to receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age.
This Agreement applies to the Services (as defined in the “Services” section below) currently offered by the Company and Services that the Company may choose to offer in the future (unless stated otherwise).
The Website and the Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from the Site, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to this Agreement.
YOUR USE OF THE WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS.
The Website presents information and content including, but not limited to, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos (collectively, "Content"), that is owned or licensed by the Company. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and GigaChef. When used in this Agreement, "we", “us” and "our" mean GigaChef.
The Content contained on the Website is for general information use only and has not been verified by GigaChef. GigaChef does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, make donations, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (collectively, the “Services”). GigaChef reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, GigaChef reserves the right to permit or restrict access to the Services and Website to any user in its sole and absolute discretion.
Profiles, Blogs and Boards.
GigaChef offers original and third party information on the Website. You may be invited to provide custom screen names, icons and other profile information (collectively, “Profile Information”), and you and others may be permitted to create or contribute to pages on the Website or comment on, post, transmit or submit messages, ideas, concepts, techniques, know-how and other Content, information and materials, which may include uploading files, inputting data, providing personal information, submitting opinions or engaging in any form of communication that you and others submit, post and display on the Website or through the Services (collectively, and together with Profile Information, "User Generated Content") to other Website users, blogs, bulletin boards and public areas (collectively "Forums") within or in connection with the Site or in connection with the Services. In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
User Generated Content.
GigaChef does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Site is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, GigaChef nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content, including User Generated Content, accessible on or through the Website or the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that GigaChef shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of the Website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Website. GigaChef reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and GigaChef or any third party, please e-mail the Company at
and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Ownership and Use of Content.
As between you and GigaChef, all Content, other than User Generated Content submitted by you, is owned by GigaChef and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of such Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of such Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing such Content within another website, is expressly prohibited without the prior written permission of GigaChef. Please contact us at
with any licensing inquiries.
, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to pay you or any third party any compensation for any User Generated Content; or (c) be required to respond to any of your submissions of User Generated Content.
By posting any Content on the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof in any and all media now known or hereafter created and in any and all languages and formats. GigaChef does not assert any ownership over User Generated Content submitted by you; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content, subject to the foregoing license.
You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Content submitted by you. By submitting Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content, and any and all damages and liability relating thereto or arising therefrom, including without limitation reasonable attorneys’ fees.
You agree to release GigaChef, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Website or the Services or object to any Content, your sole remedy is to cease using them.
Advertisements and Third Party Content.
Limitation of Use.
You agree that you will neither post on the Website nor submit to Forums any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violates the copyright, trademark or other intellectual property rights of any other person or GigaChef;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- is for the purpose of spamming or aggressively promoting goods or services without our prior authorization;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libelous or invasive of privacy or publicity rights or any other third party rights;
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by GigaChef, the Website, or its users; or (iii) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
The Digital Millennium Copyright Act of 1998 (“DMCA”).
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov
for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to: