Terms of Service
Terms of Service
1. ACCEPTANCE OF TERMS
TexasCooking.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.texascooking.com/terms-of-service.htm. In addition, when using particular TexasCooking.com owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TexasCooking.com may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
TexasCooking.com currently provides users with access to a rich collection of resources and content, including, various communications tools, forums, search services, personalized content and programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TexasCooking.com to provide the Service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TexasCooking.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TexasCooking.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You agree to indemnify and hold TexasCooking.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
4. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. MODIFICATIONS TO SERVICE
TexasCooking.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TexasCooking.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TexasCooking.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
7. OFF SITE LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TexasCooking.com has no control over such sites and resources, you acknowledge and agree that TexasCooking.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TexasCooking.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
8. TEXASCOOKING.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TexasCooking.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TexasCooking.com respects the intellectual property of others, and we ask our users to do the same. TexasCooking.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact:
1108 Lavaca St
Austin, TX 78701
10. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and TexasCooking.com and govern your use of the Service, superseding any prior agreements between you and TexasCooking.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TexasCooking.com services, affiliated services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and TexasCooking.com shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and TexasCooking.com agree to submit to the personal and exclusive jurisdiction of the courts located within Oakland County, Michigan.
Waiver and Severability of Terms. The failure of TexasCooking.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your TexasCooking.com account is non-transferable and any rights to your TexasCooking.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
11. VIOLATIONS Please report any violations of the TOS via email to moc.gnikoocsaxet@nibrof_solkim