Terms of Service

GENERAL TERMS

All materials displayed or transmitted on the DareICookIt.com sites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content ("Materials") is owned by DareICookIt.com or its clients, and is protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you download these Materials, they are provided to you by DareICookIt.com under a license that is revocable. DareICookIt.com retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the DareICookIt.com sites in accordance with these terms and conditions. DareICookIt.com reserves any rights not expressly granted under these terms and conditions of use.

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate to DareICookIt.com through this Site will become the property of DareICookIt.com, even if this agreement is later terminated. DareICookIt.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.

PROHIBITED CONTENT POLICY

Article 1

It is a condition of use of this Website and the Services that a User will not post any Prohibited Content as set out below. Defined terms have the same meaning as set out in our terms and conditions. A User will not:

1. publish falsehoods or misrepresentations that could damage DareICookIt.com or any third party;
2. submit Content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
3. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing copywritten or published articles without the expressed consent of the author;
4. submit material that is otherwise subject to third party rights unless the User has the relevant permission to use such material and publish it on the Website;
5. impersonate another person;
6. post advertisements or solicitations of business;
7. solicit personal information from anyone.

Any Content which includes any of the Content defined above is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed above to be Prohibited Content.

Article 2

DareICookIt.com reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and the User’s details to the appropriate law enforcement agencies, removing the Prohibited Content from our Website and terminating the User’s Membership.

We reserve the right to terminate access to our Website and our Services if a User is, in our absolute discretion, deemed to be a Repeat Offender.

If a User believes that posted Content contains Prohibited Content, please notify the Site Administrator via the contact form. Upon receipt of a policy violation, we will adopt the procedure as set out below:

We will consider the notification within 48 hours of receipt. We will assume that the complaint is justified unless it is manifestly frivolous or lacking in merit. If we consider the complaint to be justified, we will remove the Content from the Website and will raise the complaint with the User. If we consider the Member Submission to include Prohibited Content, we will not repost it, and may act in accordance with Article 2.

DISCLAIMER OF WARRANTIES AND LIABILITY

DareICookIt.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DareICookIt.com SITES CONTENT. THE WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE DareICookIt.com SITES, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DareICookIt.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DareICookIt.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE DareICookIt.com SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE DareICookIt.com SITES OR THE SERVERS THAT MAKES THE DareICookIt.com SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DareICookIt.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THESE DareICookIt.com SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT DareICookIt.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DareICookIt.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DareICookIt.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE DareICookIt.com SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless DareICookIt.com, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys fees and court costs, resulting from any violation of these Terms or any activity related to your use of the DareICookIt.com sites (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the DareICookIt.com sites using your Internet account.

Links to Other Sites

The DareICookIt.com sites may provide access to other Web sites. DareICookIt.com does not control these sites, and you access them solely at your own risk. DareICookIt.com also does not endorse or approve any products or information offered at sites you reach through the DareICookIt.com sites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the DareICookIt.com sites or have moved to another Web site.

Jurisdiction

DareICookIt.com controls and operates the DareICookIt.com sites from the company headquarters in Omaha, NE, in the United States of America . We in no way warrant or imply that the materials on the DareICookIt.com sites are appropriate for use outside of the United States . If you use the DareICookIt.com sites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the DareICookIt.com sites in violation of U.S. export laws and regulations. Any claim relating to the DareICookIt.com sites or your use of it shall be governed by the internal substantive laws of the State of Kansas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the DareICookIt.com sites shall be in the state or federal courts located in Douglas County, NE.

Modification of the Websites and these Terms of Use

By providing Material on the DareICookIt.com sites, DareICookIt.com does not promise that the Material will remain available to you. DareICookIt.com is entitled to terminate all or any portion of the DareICookIt.com sites at any time, without notice to you. DareICookIt.com also reserves the right to change the terms, conditions, and notices under which the DareICookIt.com sites are offered, and your use of the DareICookIt.com sites following any such changes shall be deemed to constitute your consent to those modified Terms of Use. You agree to regularly review these Terms of Use to verify whether they have been changed.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and DareICookIt.com regarding all aspects of your use of the DareICookIt.com sites.


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