April 24, 2018
Please read these Terms
of Service ("Terms", "Terms of Service") carefully before
using the http://www.totkitchen.com Website (the "Service", “Site,
“Website”, or "Services") operated by Tot KitchenTM ("us",
"Us", "we", “We”, “Tot Kitchen”, “Our” or "our").
Your access to and use of the Service is conditioned on your acceptance
of and compliance with these Terms. These Terms apply to all visitors, users
and others who access or use the Service. BY JOINING OR EACH TIME YOU
ACCESS AND USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND
AGREE TO BE BOUND BY, THESE TERMS. If you disagree with any part of the Terms
then you may not access the Service. These Terms have the same force and
effect as an agreement in writing. To use this Service, you must be at
least eighteen (18) years of age as well as the age of majority in your
jurisdiction.
Your Responsibilities
You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy. If you elect to register with us and/or use this Site, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Service; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any "robot," "spider," "rover," "scraper" or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Links To Other Web Sites
Our Service may contain
links to third-party web sites or services that are not owned or controlled by Tot
Kitchen.
Tot Kitchen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Tot Kitchen 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 web sites or services.
Tot Kitchen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Tot Kitchen 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 web sites or services.
We strongly encourage
you to read the terms and conditions and privacy policies of any third-party
web sites or services that you visit.
Termination
We may terminate or
suspend access to our Service immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if you breach the
Terms. All provisions of the Terms which
by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Governing Law
These Terms shall be
governed and construed in accordance with the laws of Texas, United States,
without regard to its conflict of law provisions. Any claim relating to
the Tot Kitchen web Site shall be governed by the laws of the State of Texas
without regard to its conflict of law provisions. Venue is in Fort Bend County, Texas.
The Services are based in Texas in the United States. It is not designed or customized for any other country. You may use them only if they comply with the laws of the jurisdiction from which you are accessing the Services.
Disclaimer
The materials on the Tot Kitchen Website are provided "as
is". Tot Kitchen makes no warranties, expressed or implied, and hereby
disclaims and negates all other warranties, including without limitation,
implied warranties or conditions of merchantability, fitness for a particular
purpose, or non-infringement of intellectual property or other violation of
rights. Further, Tot Kitchen does not warrant or make any representations
concerning the accuracy, likely results, or reliability of the use of the
materials on its Internet Website or otherwise relating to such materials or on
any sites linked to this Site.
The comments expressed by third-parties on this Website do not necessarily
represent the views of Tot Kitchen and/or its members. Use of this Website
constitutes acceptance of these Terms. The information contained on this Website
is for entertainment purposes only and should not be used in place of advice
from a medical, legal, or other professional.
Limitations of Liability
In no event shall Tot Kitchen , its Officers, Directors,
Employees, Agents, and all Third-Party Service Providers be liable for
any FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING
ANY THAT MAY RESULT FROM (1) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS
SITE, (2) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (3) THE SERVICES
FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS SITE, (4) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY
NATURE WHATSOEVER, (5) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (6) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT,
PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA
STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (8) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (9) ANY USER CONTENT
OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY
PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (10)
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR
THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TOT KITCHEN IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (11)
damages for loss of data or profit, or due to business interruption,) arising
out of the use or inability to use the materials on the Tot kitchen Internet
site, even if tot kitchen or a tot kitchen authorized representative has been
notified orally AND/or in writing of the possibility of such damage. Because
some jurisdictions do not allow limitations on implied warranties, or
limitations of liability for consequential or incidental damages, these
limitations may not apply to you. To the extent that we may not, as a
matter of applicable law, disclaim any implied warranty or limit its
liabilities in those particular jurisdictions that do not allow limitations on
implied warranties, or limitations of liability for consequential or incidental
damages, the scope and duration of such warranty and the extent of our
liability shall be the minimum permitted under such applicable law in those
circumstances.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE, Officers, Directors, Employees, Agents, and all Third-Party Service Providers, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICES.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE, Officers, Directors, Employees, Agents, and all Third-Party Service Providers, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICES.
UNLESS OTHERWISE
PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE
AMOUNT OF THE RELATED FEES TO YOUR CLAIM YOU PAID US FOR A PERIOD OF THREE
MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
Availability of Website
Subject to these Terms
and our other policies and procedures, we shall use commercially reasonable
efforts to attempt to provide this Site twenty-four hours a day, seven days a
week. You acknowledge and agree that from time to time this Site may
be inaccessible or inoperable for any reason including, but not limited to,
equipment malfunctions; periodic maintenance, repairs or replacements that we
undertake from time to time; or causes beyond our reasonable control or that
are not reasonably foreseeable including, but not limited to, interruption or
failure of telecommunication or digital transmission links, hostile network
attacks, network congestion or other failures. You acknowledge and agree that
we have no control over the availability of this Site or the Service on a
continuous or uninterrupted basis, and that we assume no liability to you or
any other party with regard thereto.
Revisions and Errata
The materials appearing
on the Tot Kitchen Website could include technical,
typographical, or photographic errors. Tot Kitchen does not
warrant that any of the materials on its Website are accurate, complete, or
current. We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. Tot Kitchen may make changes to the
materials contained on its Website at any time without notice. Tot Kitchen
does not, however, make any commitment to update the materials. By
continuing to access or use our Service after those revisions become effective,
you agree to be bound by the revised Terms. If you do not agree to the new Terms,
please stop using the Service.
Links
Tot Kitchen has
not reviewed all of the sites linked to its Internet Website and is not
responsible for the contents of any such linked site. The inclusion of any link
does not imply endorsement by Tot Kitchen of the site. Use of
any such linked website is at the user's own risk.
Affiliates
We are an Amazon Associates affiliate and will benefit from any clicks, click-throughs, and/or purchases made by you for any items we link to in our posts. Items listed by us in our posts are completely our own opinion. Any link that follows an asterisk "*" is an Amazon Associates affiliate link.
The Author
We are an Amazon Associates affiliate and will benefit from any clicks, click-throughs, and/or purchases made by you for any items we link to in our posts. Items listed by us in our posts are completely our own opinion. Any link that follows an asterisk "*" is an Amazon Associates affiliate link.
The Author
The Website and its
posts are written and managed by a member and/or members of Tot Kitchen. It
is not the business of the author(s) to render professional opinions on the
Website, including but not limited to: legal advice, medical advice,
professional advice, and/or legal advice, and is solely the opinion of the
poster. The information presented on this Website is for general informational
purposes only. Nothing on this Website should be construed to be formal or
informal medical, legal, or professional advice for any individual case or
situation. Website visitors should not
act upon this information without seeking professional counsel. This information is not intended to create,
and receipt and/or viewing of said information does not constitute, the
formation of an attorney-client relationship.
Readers should always seek professional advice. Use of this Website
constitutes acceptance of these Terms. The information contained on this Website
is for entertainment and/or general informational purposes only and should not
be used in place of advice from a medical, legal, or other professional.
User Submissions
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, "User Submissions"). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout all existence to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services. In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services. We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third-party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Service, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section will survive the termination of these Terms.
Any posts, photos, or other information found on this Site may not be reproduced in any format without the prior expressed written permission of us. You may, however, link to posts and/or pages on this Website, and comment on said posts. The comments expressed by third-parties on this Website do not necessarily represent the views of us.
Indemnification
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys" fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Copyrights and Restrictions On Use
The content on the Services (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms.
You may, however, link to posts and/or pages on this Website, and comment on said posts per the Terms of Service and Privacy Policy. © Copyright 2016-2018 Tot Kitchen. All Rights Reserved. Tot KitchenTM is a Trademark claimed by Us.
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, "User Submissions"). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout all existence to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services. In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services. We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third-party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Service, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section will survive the termination of these Terms.
Any posts, photos, or other information found on this Site may not be reproduced in any format without the prior expressed written permission of us. You may, however, link to posts and/or pages on this Website, and comment on said posts. The comments expressed by third-parties on this Website do not necessarily represent the views of us.
Indemnification
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys" fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Copyrights and Restrictions On Use
The content on the Services (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms.
You may, however, link to posts and/or pages on this Website, and comment on said posts per the Terms of Service and Privacy Policy. © Copyright 2016-2018 Tot Kitchen. All Rights Reserved. Tot KitchenTM is a Trademark claimed by Us.
Discontinued Services
We reserve the right to
cease offering or providing any of the Services at any time, for any or no
reason, and without prior notice. Although Tot Kitchen makes great effort to
maximize the lifespan of all its Services, there are times when a Service we
offer will be discontinued.
Successors and Assigns
These Terms shall be
binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors, and assigns.
Miscellaneous
These Terms, together with the terms of the Privacy Policy and any additional terms to which you agree when using particular elements of the Services, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific Site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and us shall be governed by the laws of the State of Texas as applied to agreements made, entered into, and performed entirely in the State of Texas, residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Fort Bend County, State of Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.
Contact Us
These Terms, together with the terms of the Privacy Policy and any additional terms to which you agree when using particular elements of the Services, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific Site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and us shall be governed by the laws of the State of Texas as applied to agreements made, entered into, and performed entirely in the State of Texas, residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Fort Bend County, State of Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.
Contact Us
If you have any
questions about our Website, please contact us at neha [at] totkitchen [dot]
com.
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