Terms and Conditions
Please read these Terms and Conditions before using sporkonline.com (the "Site"). By using the Site, you are agreeing to these Terms and Conditions.
These Terms and Conditions were last updated on October 15th, 2012.
1. Privacy Policy
The Site respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Site's current privacy policy can be found by clicking here. The Site's privacy policy is expressly incorporated into these Terms and Conditions by this reference.
2. Definitions
For purposes of these Terms and Conditions, the following definitions shall apply:
The term "Content" shall be defined as any and all information, data, text, music, sound, photographs, graphics, video, messages or other materials published on the Site, whether created by Site or submitted to Site.
The term "Services" shall refer to the Site, any communications service related to the Site and any interactive service that may be available to you on or through the Site.
3. Refunds and Cancellations
There are no cancellations or refunds once you have made the purchase. Access to Sporkonline.com website and videos contained within may be terminated at any time due to forseen or any unforeseen consequences and sporkonline.com and its partners reserves the right to cease its functions with reasonable notification to purchaser.
4. Disclaimers
The Site seeks to provide you with helpful information, recipes, cooking videos and culinary tips. By using the Site, you acknowledge that all Content posted, whether in the form of a cooking class video, posted recipe, informational video, product and service reviews, opinion, or otherwise, solely constitutes the author's opinion and is meant to be taken as such. In addition, from time to time, the Site may offer promotions relating to specific food product, restaurant, or other products or services (each a "Promotion"). Under no circumstances can you hold the Site liable for any consequences whatsoever that result from taking the advice or opinion of the Site or participating in a Promotion. THE SITE DOES NOT MAKE ANY PROMISES, IMPLIED OR EXPRESS WARRANTIES, OR GUARANTEES OF ANY NATURE WITH RESPECT TO ANY OF THE CONTENT ON THE SITE OR ANY PROMOTION. The Site reserves the right to cancel, terminate or alter any Promotion at any time without prior notification.
5. Use of the Content
The Content on the Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Site. Only after obtaining the Site's written consent, may you publish, display or commercially exploit any material from the Site. The Site reserves the right to rescind any permission granted to link to the Site through any type of link, and to require termination of any such link to the Site at any time.
6. Third Party Websites
Through the Site you may be able to link to third parties' websites ("Linked Sites"). Linked Sites are not reviewed, controlled, or examined by the Site in any way and the Site is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the Site's endorsement of or association with the Linked Sites. In no event shall the Site be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the Linked Sites or the information or material accessed through the Linked Sites.
7. Intellectual Property Rights
As between the Site and you, the Site is the sole owner of all Content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, noncommercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
8. Disclaimer of Warranties
THE SITE AND THE SERVICE IS PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE SITE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE; AND (b) ANY WARRANTIES OF TITLE, WARRANTY OF NONINFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR PROMOTIONS.
9. Limitation of Liability
IN NO EVENT WILL THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (a) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF THE SITE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (b) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR SERVICE.
10. Indemnification
Upon a request by the Site, you agree to defend, indemnify and hold the Site, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Site in asserting any available defense.
11. Severability
If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. Applicable Laws and Exclusive Jurisdiction
You agree that the laws of the State of California, including its conflicts of law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with the Site or relating in any way to your use of the Site resides in the courts of the State of California, County of Los Angeles, and you further agree and expressly consent to the exercise of personal jurisdiction in said courts in connection with any such dispute including any claim involving the Site or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
13. Capacity and Integration
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 13 years of age, then please do not use the Site. The Site is not intended for children under the age of 13. These Terms and Conditions constitute the entire agreement between you and the Site relating to this specific subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site.
Any inquiries concerning these Terms and Conditions should be directed to: info@sporkonline.com
These Terms and Conditions may be updated from time to time. Your continued use of the Site constitutes your acceptance to the new Terms and Conditions.