BY ENTERING, ACCESSING AND/OR USING THE CULINARY CULTURE WEBSITE (“WEBSITE”), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS”). The term “User” in these Terms refers to visitors who simply browse the Website and those who register with the Website. Acceptance of these Terms created a binding contract between you and Culinary Culture, LLC (“Culinary Culture”), the owner of the Website. Your use of the Website and its services (collectively, “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree to these Terms, then you should leave the Website and discontinue use of the Services immediately. Please read these Terms carefully and thoroughly, as they create a binding contract.
2. Limited License:
Subject to the Terms stated herein, Culinary Culture grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. In addition, you are granted the limited right to download and print a single copy of limited portions of the Website at a time for personal, non-commercial, and off-line viewing only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of Culinary Culture. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights:
The Website contains intellectual property rights owned by Culinary Culture and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Culinary Culture or a third party. Specifically, Culinary Culture owns the trademark CULINARY CULTURE, CULINARY CULTURE Logo, and other trademarks. You agree to not use the CULINARY CULTURE Logo without written permission from Culinary Culture. The Website and Service also are protected by U.S. and international copyright laws and treaties. The content submitted by Users on the Website is not owned by Culinary Culture and is licensed herein by a third party. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility:
You affirm that you are over the age of twenty-one (21), or the legal drinking age in the relevant jurisdiction, as the Service and this Website are not intended for individuals under the age of 21. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 21 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users:
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES FOR OF CONDUCT OF FOR USERS:
1. You shall use the Service at your own risk.
2. While not condoned or allowed under these Terms, the Website may contain offensive or inappropriate material, and you are solely responsible for such exposure.
3. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
4. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
5. If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password. You agree to notify Culinary Culture promptly if there is an unauthorized use or access to your account, or any other breach of security.
6. You alone are responsible for the conduct and materials or content submitted, displayed or posted on the Service.
7. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
8. The collection and harvesting of private or personally identifiable information is strictly prohibited.
9. As detailed in the User Submission Agreement, certain content shall not be submitted, uploaded, downloaded, transmitted, linked, or otherwise shared through or using the Service. It is within the sole discretion of Culinary Culture to determine whether or not content falls into any of the above categories, and is therefore prohibited from the Service. There is no obligation on Culinary Culture to review or filter any content submitted or uploaded to the Service; however, Culinary Culture reserves the full right to edit, delete, alter, or move any content, for any reason at any time without notice.
10. Culinary Cultures respects the beliefs, customs, and practices of all groups.
11. Culinary Culture does not condone or encourage the harming or abuse of animals.
6. Flagging Content:
Culinary Culture has developed a system for flagging content that violates these Terms or the User Submission Agreement. Any visitor to the Website or Registered User may flag such content. Culinary Culture requests that you indicate the basis for flagging the content. Culinary Culture is under no obligation to remove flagged content, but will take reasonable efforts to have such content removed.
7. Use of Website and Services at own Risk:
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS ON THE WEBSITE AND SERVICE, AND FOR ANY CONTENT THAT IS SUBMITTED, ACCESSED, DOWNLOADED, LINKED TO, OR RETRIEVED FROM OR THROUGH THE WEBSITE OR SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL REGARDING FOODS, FOOD POISONING, DIETARY RESTRICTIONS, EATING DISORDERS, ALLERGIES AND POTENTIAL HEALTH HAZARDS THAT MAY ARISE RELATED TO THE USE OF THE WEBSITE OR SERVICE. YOU EXPRESSLY AGREE THAT YOU BEAR ALL RISK RELATED TO YOUR USE OF THE WEBSITE AND SERVICE. CULINARY CULTURE ALSO DOES NOT FILTER OR CONTROL THE CONTENT OR USERS OF THE WESBITE AND SERVICE AND YOU TAKE FULL RESPONSIBILITY FOR YOUR ACTIONS, INCLUDING YOUR PERSONAL SAFETY, ACTIONS OR AT MEETINGS OR ORGANIZED GATHERINGS. SAID MEETINGS OR ORGANIZED GATHERINGS ARE NOT SUPERVISED OR CONTROLLED BY CULINARY CULTURE PARTIES, AND, AND IT IS YOUR RESPONSIBILITY TO EXERCISE PROPER CAUTION AND REASONABLE JUDGMENT.
CULINARY CULTURE DOES NOT ENDORSE OR SPONSOR ANY USERS, SUPPLIERS, RESTAURANTS, RECIPES, BARS, FESTIVALS, OR ANY OTHER CONTENT ON THE WEBSITE.
8. No Warranty:
TO THE EXTENT LOCAL LAW DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. THE INFORMATION CONTAINED ON THE WEBSITE AND THROUGH THE SERVICE IS FOR INFORMATION AND ENTERTAINMENT PURPOSES ONLY. THE WEBSITE AND SERVICE ARE PROVIDED “AS-IS.” CULINARY CULTURE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“CULINARY CULTURE PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND OWNERSHIP. CULINARY CULTURE PARTIES DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICE, OR THAT THE WEBSITE AND SERVICE ARE FREE FROM ANY VIRUSES, ERRORS, BUGS OR OTHER HARMFUL COMPONENTS.
9. Notification of Copyright Infringement:
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Culinary Culture is registering with the U.S. Copyright Office as a Service Provider. If you are a copyright owner or an agent thereof and believe that any User Submission or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Culinary Culture’s Agent with the following information in writing:
1. Physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that it is to be removed or access to which is to be disabled and
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Copyright Agent. The Copyright Agent is Culinary Culture, LLC, 555 West Jackson Blvd., 4th Floor, Chicago, Illinois 60661, telephone number: (312) 380-6311, and electronic mail address: dmca@culinaryculture.com. The failure to comply with all of the requirements set forth above under the Digital Millennium Copyright Act may result in an invalid DMCA notice.
Users who are repeat offenders or infringers may be terminated at the sole discretion of Culinary Culture. In addition, Culinary Culture reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate any Users who infringe upon the intellectual property or other proprietary rights of third parties.
10. Linking to Third Party Websites:
The Website may contain links to third party websites that are not owned, controlled, endorsed or sponsored by Culinary Culture. These links are merely provided as a convenience. Culinary Culture makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
11. General Contractual Clauses:
1. PRIVACY:
Culinary Culture respects your privacy and takes appropriate measures to protect it. The Culinary Culture Privacy Policy is incorporated herein by reference, and may be You may accessed and read our Privacy Policy at: privacy policy.
2. LIMITATION OF LIABILITY:
TO THE EXTENT YOUR LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY, THEN THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, CULINARY CULTURE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“CULINARY CULTURE PARTIES”) HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING OUT OF OR WITH YOUR USE OF THIS SERVICE, THE WEBSITE, ANY CONTENT SUBMITTED BY YOU OR ANY CONTENT SUBMITTED BY OTHER USERS, REGISTERED OR NOT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DMAAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ANY REGISTRATION FEE PAID AND SHALL AT ALL TIMES NOT EXCEED $500.00. IF NO REGISTRATION FEE IS PAID, THEN YOU AGREE AND ACKNOWLEDGE THAT YOUR ARE LIMITED TO INJUNCTIVE RELIEF ONLY, AND ARE NOT ENTITLED TO DAMAGES OF ANY KIND, UNLESS OTHERWISE PERMITTED BY LAW.
3. INDEMNIFICATION:
You agree to indemnify, defend, and hold Culinary Culture, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
4. ASSIGNMENT:
Users may not assign, convey, or otherwise transfer their rights under these Terms; however, Culinary Culture may assign, convey or transfer without any restriction or notice.
5. TERMINATION:
Your access and use of the Website and Service is at the sole discretion of Culinary Culture. Culinary Culture may remove any content and/or terminate your access without notice for any reason, and Culinary Culture is not liable for any such termination.
6. MISCELLANEOUS PROVISIONS
1. Governing Law/Venue:
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. The state and federal courts in Illinois, specifically, the United States District Court for the Northern District of Illinois, shall be the exclusive forum and venue for any disputes that arise under or related to these Terms. You hereby consent to personal jurisdiction in Illinois.
2. Amendment:
Culinary Culture is free to alter, amend, or changes these Terms at anytime without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
3. Entire Agreement:
These Terms reflect the entire agreement between you and Culinary Culture. You may be subject to additional terms and conditions when you submit, download, access, or use third party content.
4. Enforcement:
The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, aAny claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
5. Survival:
The following sections statement of no warranties, limitation of liability, and indemnification shall specifically survive these Terms and your use of the Website or Service, Sections 3, 5, 6, 7, 10(b) 10(c) & 10(f). In addition, the restrictions on your use also shall survive termination.
For more information about Culinary Culture or these Terms, please contact Culinary Culture at:
