We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.
2. Intellectual Property and Use of Content
You acknowledge that the Services contain information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of CookwareInsider or its affiliated third parties. You agree to comply with all copyright laws and to any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.
Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services, and may not use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. If you are looking to obtain commercial licenses of our Services, you must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
3. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to CookwareInsider, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to CookwareInsider the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
4. Content and Third-Party Correspondence
Typically, we do not sell, resell, or license any of the products or services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to any content or link to third party websites (collectively, the “External Sites”) on the Services. We do not necessarily endorse or evaluate the accuracy or reliability of third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. All prices and incentives, and all other information displayed on the Services are gathered from sources and based on algorithms that are believed by us to be reliable (other than Visitor-Submitted Content, as to which we make no such representation), and you acknowledge that CookwareInsider is not responsible for the availability of, or the content located on or through, any External Site.
Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
5. Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
- Engage in illegal activities;
- Use the names of any CookwareInsider’s Services (the exact words or misspelling or typographical variation of those words, and whether alone or in conjunction with any other word or phrase), trademarks or service marks in any manner (including use in any metatags or any other “hidden text”) without our prior written or e-mailed consent.
- Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the CookwareInsider’s Services and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- Interfere with others using the Services or otherwise disrupt the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and CookwareInsider;
- Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
You will defend, indemnify, and hold harmless CookwareInsider, its parent, subsidiaries, affiliates, directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “CookwareInsider Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). CookwareInsider retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 6 without CookwareInsider’s prior written approval.
7. Disclaimers; Limitation of Liability
The CookwareInsider Parties do not warrant: (1) that the services, any of the services’ functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the Services or the servers hosting them are free of viruses or other harmful codes; or (4) that the Services or information available through the Services will continue to be available.
The CookwareInsider Parties will not be liable to you or anyone else for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, economic, punitive or consequential damages) in connection with the Services or your user submissions, even if foreseeable or even if one or more of the CookwareInsider Parties has been advised of the possibility of such damages unless specified in writing.