Welcome to CREME (“CREME”, or this “Platform”), a mobile application,
including any associated websites, domains, other media properties and
applications, owned, managed or operated by CREME (“we”, “us” or “our”).
These Terms of Use and the Privacy Policy apply to visitors, users and
others who access this Platform. These Terms of Use explain the terms by
which you may use our Platform and our services. By accessing or using
the Platform, you signify that you have read, understood, and agree to be
bound by these Terms of Use (“Terms of Use”) whether or not you have
registered to create an account. These Terms of Use and our Privacy
Policy create the terms of your and our agreement
whenever you use this Platform.
Please read these Terms of Use carefully before you start to use this
Platform. By accessing or using this Platform and/or
purchasing a subscription or by uploading content to our Platform in
accordance with these Terms of Use or otherwise, you agree to be bound
and abide by these Terms of Use and our Privacy
Policy. If you do not agree to these Terms of Use
or the Privacy Policy, you must not access or use this Platform.
1. General Terms
CREME provides this Platform to users seeking cooking content, cooking
tutorials and other content (“Users”), provided by individuals or companies
including chefs, restaurants and/or other third-party content providers and
their production partners (“Content Providers”) (collectively such services,
including any new features and applications and the Platform, the
“Services”). The term “you”, “You”, “User” or “Users” shall refer to Users,
or any other person or entity who views, uses, accesses or submits any
content to this Platform.
1.2 Age
Restriction - Not Intended for Children Under
the Age of
13. If you are not at least 13 years old, do not use this
Platform. If you are between the ages of 13
and 18, we rely on your confirmation to us, at the time of checkout, that,
if you are using this Platform or purchasing a subscription to this
Platform, you have the permission of a parent or guardian to do so. If
you do not have such permission, then do not use this Platform.
1.3
Geographic Restrictions. We are
based in Delaware in the United States. Access to the Platform
may not be legal by certain persons or in certain countries. If you
access the Platform from outside the United States, you do so on your
own initiative and are solely responsible for compliance with local
laws. Our Platform and the applicable data is subject to United States
export controls. No software may be downloaded from the Platform or
otherwise exported or re-exported in violation of U.S. export laws. You
agree to comply with all local laws and rules regarding your use of
Platform, including online conduct and acceptable content.
1.4 Changes and Updates. We reserve
the right to amend these Terms of Use and our Privacy Policy at any time and
without prior notice. If we do so, we will post the amended Terms of Use
and/or Privacy Policy and indicate the date such was last revised at the top
of the Terms of Use or the Privacy Policy, as the case may be. Your
continued use of this Platform after any such changes are made shall
evidence your acceptance of the new Terms of Use and Privacy Policy. If you
do not agree to any changes or additions to these Terms of Use, do not
continue to use or access this Platform.
2. Usage
of Platform
2.1
Use of Service. The CREME Services
and any content viewed through the Platform is solely for your personal and
non-commercial use. With a subscription, we grant you a limited,
non-exclusive, non-transferable license to access the CREME content and view
content through the Service on a streaming only basis for that purpose.
Except for that limited license, no other right title or interest shall be
transferred to you. You agree to not use Platform content for public
performances except that you shall be entitled to share specified content on
your social media channels which content shall always be designated as
“shareable” on the Platform in accordance with Section 4.1 and Section
6.7. CREME may revoke Users’ license at any time in its sole
discretion.
2.2 Use
of Your Account. You are responsible
for all
activity on the Platform from your account and through the use of your
credentials. Be sure to exit from your account at the end of each session.
You should use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record your
credentials or other personal information. To the fullest extent
allowed by law, you are responsible and liable for any security breaches
that occur with respect to the Platform as a result of your account and/or
use of your access credentials, or through malicious code embedded in any
content that you post on this Platform.
2.3 Registration. You may be required to
register for an account with CREME in order to access Services. If you
choose to register for an account, you will be asked to provide to us
certain personal information at the point of collection (see our Privacy
Policy for more information.) If you think someone else
has compromised your account or taken your credentials without permission,
please alert us immediately at help@cre.me. If we think you or someone
else is using this Platform or your account in a way not allowed by these
Terms of Use, we have the right to disable your account or other credentials
you set up at any time
2.4. Accessing the Platform; Modifications of
Service. We reserve the right to withdraw or amend any material
we provide on this Platform in our sole discretion. We will not be liable if
for any reason all or part of this Platform is unavailable at any time or
for any period of time. From time to time, we may restrict access to some
parts of this Platform, or the entire Platform, to users, including any
registered users. You agree that CREME will not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Services. We have no obligation to retain any of your account or content for
any period of time beyond what may be required by applicable law.
2.5. Use
and Storage. You acknowledge that
CREME may establish general practices and limits regarding use of the
Service, including, without limitation, the maximum period of time that data
or other content will be retained by the Service and the maximum storage
space that will be allotted on CREME’s servers on your behalf. You
acknowledge that CREME has no responsibility or liability for the deletion
or failure to store any data or content. You acknowledge that CREME reserves
the right to terminate accounts that are inactive for an extended period of
time.
2.6 Mobile Services. The Service may include certain
services that are available via a mobile device (the “Mobile Services”),
including (i) the ability to upload content to the Service via a mobile
device, (ii) the ability to browse the Services and the Platform from a
mobile device, and (iii) the ability to access certain features through an
application downloaded and installed on a mobile device. To the extent you
access the Service through a mobile device, your wireless service carrier’s
standard charges, data rates and other fees may apply. In addition,
downloading, installing, or using certain Mobile Services may be prohibited
by your carrier, and not all Mobile Services may work with all carriers or
devices. In using the Mobile Services, you may provide your telephone
number. In the event you change or deactivate your mobile phone number, you
agree to promptly update your CREME account information to ensure that your
messages are not sent to the wrong person.
3. Subscription, Fees and Shopping
3.1 Fees
Generally. Any User who wishes
to subscribe to a Service shall be required to select a payment plan and
shall pay for such payment plan through the Apple Store or Google Store
(Apple Store and Google Store, the “third party processors” and any such
account a User has, an “External Account”). To the extent that you provide
any third-party processor with information regarding your credit card or
other payment instruction, you represent and warrant that such information
is true and that it is authorized to use the payment instruction. You will
promptly update your account information with any applicable changes in
accordance with this Terms of Use. You hereby authorize CREME to cause third
party processors to bill your payment instrument in accordance with the
terms of the applicable payment plan (including applicable taxes) until you
terminate your account. We reserve the right to change CREME’s Service
prices. Continued use of the Service after the change in price becomes
effective constitutes your agreement to pay the changed amount. Any dispute
in charges must be submitted to CREME within 60 days of such charge. You
will be responsible for all taxes associated with the Services other than US
taxes based on CREME’s net income.
3.2 Auto
Renewing Subscriptions. If you
select a
Service with an auto renewing subscription (“Renewing Subscription”), you
authorize CREME to maintain your account information and charge your account
automatically upon the renewal of service with no further action by you.
In the event that CREME is unable to charge your account as authorized by
you, CREME, may, in its discretion (i) bill you and suspend service until
payment is received, and/or (ii) seek to update account information through
third party sources (bank or payment processor) to continue charging your
account in accordance with subscription.
Prices for Renewing Subscriptions may change from time to time. CREME will
communicate any price changes in advance. Such price changes will
automatically become effective at the start of the next subscription period.
As permitted by local law, you accept the new price by continuing to use the
Renewing Subscription after the price change takes effect. If you do not
agree with the price change, you have the right to reject the change by
canceling your Renewing Subscription before the price change goes into
effect.
You may cancel a subscription at any time, but payments previously made are
non- refundable and there are no refunds or credits for partially used
periods. Following any cancellation, you will continue to have access to the
Services until the end of your current subscription period.
How to Cancel a Subscription: If you do not want your subscription to renew
automatically or if you want to change or terminate your subscription you
must log into your External Account and follow instruction for how to manage
or cancel your subscription even if you have deleted your account with us or
the application otherwise.
To cancel a subscription made via your Apple ID, go to Settings > ITunes
& App Stores > [click on your Apple ID] > View Apple ID >
Subscriptions, then find your CREME subscription and follow the instructions
to cancel. You can also request assistance at https://getsupport.apple.com.
To cancel a subscription made via Google Play, launch the Google Play app on
your mobile device and go to Menu > My Apps > Subscriptions, then find
your CREME subscription and follow the instructions to cancel. You can also
request assistance at https://play.google.com.
You can unsubscribe or cancel a subscription by contacting help@cre.me
to cancel or by going to Settings > Delete My Account.
3.3 Pricing Errors/Corrections: We
endeavor to present current, accurate, and reliable information regarding
our Services and subscriptions. However, on occasion, this Platform
may contain typographical errors, inaccuracies, or omissions that may be
with regard to Services or subscription descriptions, pricing, promotions,
offers, and availability. We reserve the right to correct errors or to
update such information at any time without prior notice. If a subscription
is listed at an incorrect price due to an error on this Platform, to the
fullest extent allowed by law, we reserve the right to refuse or cancel any
orders placed for any such subscription listed at the incorrect price.
Further, to the fullest extent allowed by law, we reserve the right to
refuse or cancel any such orders, regardless of whether the order has been
confirmed and your method of payment charged. If your method of payment has
already been charged for the purchase and your order is then canceled, we
will issue a credit to your original method of payment for the amount of the
incorrect price.
3.4
Problems. If there is a
problem with the information you give us when you check out, we will try to
reach you through the contact information you provided.
3.5 Fraud. If there is any concern
about fraud or credit, we will let you know if we are allowed by law.
We may be required by law to first report the problem to law enforcement
officials. We use a third-party vendor to detect fraud.
3.6
Your Money. When you check out, and
put in your payment information, you promise, represent and warrant that the
information is accurate, that you are authorized to use the payment method
provided, and that you will notify us of changes that could impact your
order, your account, or your payment.
3.7 Cancellation As provided in Section
3.2, you can cancel a subscription at any time but payments previously made
are non-refundable and there are no refunds or credits for partially used
periods.
3.8. Returning Products. If you
purchase products through a brand, affiliate network or retailer site,
please see those sites for their return and cancellation policies.
3.8. Errors. CREME makes no warranties
regarding the palatability of the recipes included on the Platform. If you
make a recipe and believe there is an error as presented on the Platform,
please report any such errors to help@cre.me.
4. Notice to Users
4.1
For Your Personal Use Only.
You are prohibited from reproducing, distributing, modifying, creating
derivative works of, publicly displaying, publicly performing, republishing,
downloading, storing, or transmitting any of the material on our Platform,
except as follows:
Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for
display enhancement purposes.
You may print one copy of a reasonable number of pages of the Platform for
your own personal, non-commercial use and not for further reproduction,
publication, or distribution.
If we provide social media features with certain content, you may take such
actions as are enabled by such features.
You must not:
Modify copies of any materials from this Platform.
Use any photographs, video or audio sequences, or any graphics separately
from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights
notices from copies of materials from this Platform.
You must not access or use for any commercial purposes any part of the
Platform or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other
person with access to any part of the Platform in breach of the Terms of
Use, we have the right to immediately terminate your right to use the
Platform, and at our direction, you will be required to immediately return
or destroy any copies of the materials you have made. No right, title, or
interest in or to the Platform or any content on the Platform is transferred
to you, and all rights not expressly granted are reserved by us and/or our
licensors. Any use of the Platform not expressly permitted by these Terms of
Use is a breach of these Terms of Use and may violate copyright, trademark,
and other laws.
5. Intellectual Property Rights
5.1.
Trademarks and Other Proprietary
Rights. Our company name, the terms, the company trademarks, our
logo, and all related names, logos, product and service names, designs, and
slogans are our trademarks. You are prohibited from using our trademarks
without our prior written permission. This Platform, and its
entire
contents, the Service, trademarks, marks, service marks, displays, images,
video and audio, content and the design, selection, and arrangement thereof
(collectively and individually, the “Materials”) are owned by CREME, its
licensors (including Content Providers) or other providers of such Materials
and are protected by United States and international copyright, trademark,
patent, trade secret, and/or other intellectual property or proprietary
rights laws. You promise and agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publish, adapt,
edit or create derivative works from any such Materials. Use of the
Materials for any purpose not expressly permitted by these Terms of Use is
strictly prohibited.
5.2 Third Party Material. Under no
circumstances will CREME be liable in any way for any content or materials
of any third party (including Users), including but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any such content. CREME will have the
right (but not the obligation) in its sole discretion to refuse or to remove
any content that is available via the Service. Without limiting the
foregoing, CREME will have the right to remove any content that violates
these Terms of Use or is deemed by CREME, in its sole discretion, to be
otherwise objectionable.
6. Use of Our Platform;
Prohibited Uses
You agree not to use or launch any automated system, including without
limitation, “robots,” “spiders,” “offline readers,” or any other tool or
malicious code that would disrupt our Platform or try to compromise other
users and other accounts.
You agree that you will not use any means with respect to the Platform
including any automatic or electronic means, to obtain or access any
information, data or materials provided by any other Users.
6.1 Prohibited Uses. You may use the
Platform only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Platform:
In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
For the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material
that does not comply with the User Content Standards (Section 7.4).
To transmit, or procure the sending of, any advertising or promotional
material, including any "junk mail," "chain letter," "spam," or any other
similar solicitation.
To impersonate or attempt to impersonate us, one of our employees, our
Content Providers, another user, or any other person or entity (including,
without limitation, by using email addresses associated with any of the
foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform, or which, as determined by us, may harm us or
users of the Platform, or expose us or them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or
impair the Platform or interfere with any other party's use of the Platform,
including their ability to engage in real time activities through the
Platform.
Use any process to monitor or copy any of the material on the Platform, or
for any other purpose not expressly authorized in these Terms of Use,
without our prior written consent.
Use any device, software, or routine that interferes with the proper working
of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Platform, the server on which the Platform is stored, or
any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed
denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.
6.2 User
Contributions
You may be invited and/or permitted to post content on this Platform ("User
Contributions").
All User Contributions must comply with the User Content Standards set out
in these Terms of Use. Any User Contribution you post to the Platform will
be considered non-confidential and non-proprietary. By providing any User
Contribution on the Platform, you hereby grant to us and our affiliates, and
each of their and our respective successors, and assigns the right to use,
reproduce, modify, perform, display, distribute, and otherwise disclose to
third parties any such material for any purpose without attribution to you
and without compensation to you. You further agree, warrant and
covenant that if any of your User Contributions include the names, images or
recordings of any third party, (i) you have all required consents and
permissions to allow us to include the same, (ii) no such person is a minor
for whom you are not the custodial parent or legal guardian (or you have
secured the consent from the custodial parent or legal guardian), and (iii)
your User Contribution is either owned by you or you have the right to
sublicense the same to us as herein provided. Without limiting the
foregoing, you represent and warrant that:
You own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us and our affiliates, and each
of their and our respective successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not CREME, have full
responsibility for such content, including its legality, reliability,
accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or
accuracy of any User Contributions posted by you or any other user of the
Platform.
6.3 Monitoring and
Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our
sole discretion.
Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion, including if we believe that such
User Contribution violates the Terms of Use, including the User Content
Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Platform or
the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or
no reason, including without limitation, any violation of these Terms of
Use.
Without limiting the foregoing, we have the right to cooperate fully with
any law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials
on or through the Platform. YOU HEREBY WAIVE AND HOLD HARMLESS US, OUR
AFFILIATES, LICENSEES AND CONTENT PROVIDERS FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A
CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we do not undertake a review of all material before it is posted on
the Platform and cannot ensure prompt removal of objectionable material
after it has been posted. Accordingly, we assume no liability for any action
or inaction regarding transmissions, communications, or content provided by
any user or third party. To the fullest extent allowed by law, we have no
liability or responsibility to anyone for performance or nonperformance of
the activities described in this section.
6.4 User Content
Standards
These content standards apply to any and all User Contributions. User
Contributions must in their entirety comply with all applicable federal,
state, local, and international laws and regulations. Without limiting the
foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in
conflict with these Terms of Use and our Privacy
Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful
act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any
person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and
other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any
other person or entity, if this is not the case.
6.5 Copyright
Infringement
If you believe that any User Contribution or content violates your
copyright, please see our Copyright
Policy for instructions on sending us a notice of
copyright infringement. It is the policy of the Company to terminate the
user accounts of repeat infringers.
6.6
Reliance on Information Posted
The information presented on or through the Platform is made available
solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information, including without
limitation the features and performance of any products you may see used or
promoted in any Services. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other
visitor to the Platform, or by anyone who may be informed of any of its
contents.
This Platform includes content provided by Content Providers. All statements
and/or opinions expressed in these materials are solely the opinions and the
responsibility of the person or entity providing those materials. We are not
responsible, or liable to you or any third party, for the content or
accuracy of any materials provided by any third parties.
You may choose to submit to us comments or suggestions about the Platform
and our Services. By submitting a comment or suggestion, you understand and
agree that we have the unlimited right to use those comments or suggestions
for any purpose, without any compensation or attribution to you.
6.7
Linking to the Platform and Social Media
Features:
You may link to our homepage, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part.
This Platform may provide certain social media features that enable you to:
•
Link from your own or certain third-party Platforms to certain content
on this Platform.
•
Cause limited portions of content on this Platform to be displayed or
appear to be displayed on your own or certain third-party Platforms.
You may use these features solely as they are provided by us. Subject to the
foregoing, you must not:
•
Establish a link from any website that is not owned by you.
•
Cause the Platform or portions of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking, or
in-line linking.
•
Link to any part of the Platform other than the homepage.
•
Otherwise take any action with respect to the materials on this Platform
that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content
accessible, must comply in all respects with the User Content Standards set
out in these Terms of Use. If you have any doubt, PLEASE do not link
to this Platform.
You agree to cooperate with us in causing any unauthorized framing or
linking immediately to stop. We reserve the right to withdraw linking
permission without notice.
We may disable all or any social media features and any links at any time
without notice at our discretion.
6.8 Links from the
Platform. This Platform
contains links to other sites and resources provided by third parties.
These links are provided for your convenience only.
We have no control over the contents of those sites or resources and accept
no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites
linked to this Platform, you do so entirely at your own risk and subject to
the terms and conditions of use for such third party websites.
6.9. Third Party
Sites. If you link to another website from this Platform for any
other goods or services, or if you come to this Platform from a third-party
site, you understand that these Terms of Use and our Privacy Policy do not
apply to your use of those other sites. You expressly relieve
CREME from any and all liability arising from your use of any
third-party website or services.
6.10. Security. We have implemented
reasonable technical, security and organizational measures designed to
secure your personal information from accidental loss and from unauthorized
access, use, alteration or disclosure. For more information, see our
Privacy
Policy. Notwithstanding these
reasonable measures, we cannot guarantee that someone will not be able
to access your information without our or your permission. It is your choice whether or not to
provide information to us through this Platform.
6.11.
Indemnity. To the
fullest
extent allowed
by law, you agree to defend, indemnify and hold harmless CREME and its
subsidiaries, agents, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs. debts, and
expenses (including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Platform; (ii) your violation of any term of
these Terms of Use, including without limitation; (iii) your violation of
any third-party right, including without limitation any right of privacy,
intellectual property rights or any contractual or proprietary rights; (iv)
your violation of any law, rule or regulation of the United States or any
other country; (v) any claim or damages that arise as a result of any
information or data that are submitted via your account; or (vi) any other
party’s access and use of the Platform with your unique username,
credentials or other appropriate security code.
7.
Disclaimers and Limitation of Liability.
THIS PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS EXPRESSLY STATED HEREIN, THE PLATFORM IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CREME, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS
PLATFORM IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE THAT WE DO NOT
PRODUCE THE CONTENT APPEARING ON THIS PLATFORM EXCEPT TO THE EXTENT THAT WE
EDIT SUCH CONTENT TO MEET OUR STANDARDS. WE DO NOT ENDORSE ANY RECIPES
YOU SEE FEATURED IN ANY CONTENT APPEARING ON THIS PLATFORM. YOU EXPRESSLY
ACKNOWLEDGE THAT COOKING IS A DANGEROUS ACTIVITY THAT REQUIRES A REASONABLE
DEGREE OF CARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES WILL CREME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR
INJURY RESULTING FROM PREPARATION OF ANY RECIPE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREME,
ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES
OR ITS LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE TERMS OF USE, THIS
PLATFORM OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
WILL CREME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM
HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR
YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREME AND ITS AFFILIATES
AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS
PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS
OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED,
UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
PLATFORM; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY.
IN NO EVENT SHALL CREME AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, MANAGERS OR OUR LICENSORS, SUPPLIERS OR VENDORS BE
LIABLE TO ANY USER IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR
RELATING TO THE TERMS OF USE, OUR SERVICES OR THIS PLATFORM IN AN AMOUNT
EXCEEDING $100.
THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF CREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
8.
Governing Law. These Terms of Use
shall be governed by the internal substantive laws of the State of Delaware
without respect to its conflict of laws principles.
9. Arbitration; No Class
Action. To the fullest extent allowed by law,
neither you nor we will seek to have a dispute heard as a class action
or in any other proceeding in which either party acts or proposes to act
in a representative capacity. Further, to the fullest extent
allowed by law, no arbitration or proceeding can be combined with
another without the prior written consent of all parties to the
arbitrations or proceedings.
You
and we agree to arbitrate all disputes
that are not resolved informally, except disputes relating to the
ownership or enforcement of intellectual property rights.
This includes all disputes regarding any current, past or future
purchases or event, between you and us regarding this Agreement or this
Platform, and whether the claim is based on contract, tort, warranty,
statute, regulation, or other legal or equitable basis.
We both
agree by this
undertaking that the arbitrator will have the exclusive authority to
resolve any dispute relating to the interpretation, applicability or
enforceability of these Terms of Use, the Privacy Policy or the
formation of this Agreement, including the arbitrability of any dispute
and any claim that all or any part of this Agreement is or are void or
voidable. You are waiving any and all rights you may
have to litigate a dispute in court before a judge or jury.
If you or we have a dispute with the other or this Platform or our
Agreement, notice must first be sent to the other party, including:
•
name, address, and contact information of the party giving the notice
•
the facts that are the basis of the dispute
•
the remedy sought (e.g. a refund).
For notices to us regarding a dispute, they must be emailed to: help@cre.me
with a copy mailed to CREME, 7600 Collins Avenue, Apt. 1202, Miami Beach,
FL, USA 33141.
If we have a claim against you, we will notify you by the contact
information you have provided to us.
We and you will then use good faith efforts to resolve through informal
negotiations the dispute. If, despite these good faith efforts, we
cannot reach an agreed resolution within 60 days, then, you or we may
commence an arbitration proceeding. Arbitration will be conducted in
New Jersey, or if you and we agree, remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award
damages to you individually as a court could, including declaratory or
injunctive relief, but only to the extent required to satisfy your
individual claim.
10. Notification
Procedures. Other than for disputes, CREME may provide
notifications, whether such notifications are required by law or are for
marketing or other business-related purposes, to you via email notice,
written or hard copy notice, or through conspicuous posting of such notice
on our Platform, as determined by CREME in our sole discretion. CREME
reserves the right to determine the form and means of providing
notifications to our Users, provided that you may opt out of certain means
of notification as described in these Terms of Use and our Privacy Policy.
11. Entire Agreement;
Severability; No Waiver. These Terms of Use, the Privacy
Policy, and your agreement to pay for any subscription
you purchase through this Platform creates the entire agreement with respect
to your use of this Platform. If any provision of these Terms of Use is
deemed invalid by a court of competent jurisdiction or by an arbitrator, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and
effect. No waiver of any term of these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term, and CREME’s
failure to assert any right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
12.
Your Comments and Concerns. This Platform is
owned and
managed by CREME. All feedback, comments, requests for technical support and
other communications relating to this Platform can be sent to us at:
help@cre.me.