Terms of Service


Your Acceptance

  1. These Terms of Service agreement is between you ("User") and Social Sampling, Inc. ("SS" or "Company"), owner of Cooking-Hits. In consideration of the right to access and use the Cooking-Hits website ("Website"), including all content and functionality available through the Cooking-Hits.com domain name, and the services offered on the Website, User agrees to the terms and conditions of use set forth in this Agreement, Cooking-Hits' Privacy Policy and Official Contest Rules. User's continued use of the Website indicates User's willingness to be legally bound by the terms and conditions set forth in this Agreement. This Agreement applies to the services currently offered by Company and any services or products that they may choose to offer in the future, unless stated otherwise.
  2. User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
  3. Use of the Website is subject to the terms of the Privacy Policy and Official Contest Rules incorporated herein by reference.

Cooking-Hits Website

  1. Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided herein, Company may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Without limiting the foregoing, Company has the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  2. These terms and conditions apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Cooking-Hits Website includes all aspects of Cooking-Hits, including but not limited to all products, software and services offered via the website such as the Cooking-Hits "embeddable player."
  3. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
  4. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government demand.
  5. Website may contain links to third party websites that are not owned or controlled by Company and/or Cooking-Hits. Company has no control over, and assumes no responsibility for, the content, accuracy, integrity, quality, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Website, User expressly relieves Company from any and all liability arising from use of any third-party website. Company encourages User to review terms and conditions and privacy policies of other visited websites.
  6. Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use.
  7. Company may also impose limits on certain features and services or restrict User's access to parts or the entire Website without notice or liability.

Cooking-Hits Accounts

  1. In order to access some features of the Website, User will have to create a Cooking-Hits account. User may never use another's account. When creating an account, User must provide accurate and complete information. User is solely responsible for the activity that occurs on User account, and account password must be kept secure. User must notify Company immediately of any breach of security or unauthorized use of his/her account.
  2. Although Company will not be liable for losses caused by any unauthorized use of User's account, User may be liable for the losses of Company or others due to such unauthorized use.

General Use of the Website-Permissions and Restrictions

  1. The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. State, national, and international laws of trademark, trade dress, and unfair competition protect the Company's logo, slogans, and other distinctive designs.
  2. User agrees not to distribute, in any medium, any part of the Website, including, but not limited to, User Submissions (defined herein) without Company's prior written authorization.
  3. User shall not alter or modify any part of the Website, including, but not limited to, Cooking-Hits' Embeddable Player or any of its related technologies.
  4. User shall not access User Submissions (defined herein) or Cooking-Hits Content through any technology or means other than the video playback pages of the Website itself, the Cooking-Hits Embeddable Player, or other explicitly authorized means Cooking-Hits may designate.
  5. User shall not use the Website, including the Cooking-Hits Embeddable Player for any commercial use, without the prior written authorization of Company. Prohibited commercial uses include any of the following actions taken without Company's express approval:
    1. sale of access to the Website or its related services, including the Embeddable Player, on another website;
    2. use of the Website or its related services, including the Embeddable Player, for the primary purpose of gaining advertising or subscription revenue;
    3. the sale of advertising, on the Cooking-Hits website or any third-party website, targeted to the content of specific User Submissions or Cooking-Hits content;
    4. and any use of the Website or its related services, including the Embeddable player, that Company finds, in its sole discretion, to use Company's resources or User Submissions with the effect of competing with or displacing the market for Company, Cooking-Hits content, or its User Submissions.
  6. If you use the Cooking-Hits Embeddable Player on your website, you must include a prominent link back to the Cooking-Hits website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Cooking-Hits servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. User shall not collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. User agrees not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  8. In use of the website, User will otherwise comply with the terms and conditions of these terms and conditions, official rules, and all applicable local, national, and international laws and regulations.
  9. Company reserves the right to discontinue any aspect of the Cooking-Hits Website at any time.

Use of Site Content


In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Cooking-Hits Website.
  1. The content on the Website, except all User Submissions (defined herein), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the Website and the Content.
  2. User Submissions may be accessed solely:
    1. for information and personal use;
    2. as intended through the normal functionality of the Cooking-Hits Service; and
    3. for Streaming.
    "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Cooking-Hits service to a user's device in such a manner that the data is intended for real-time viewing. Accessing User Videos for any purpose or in any manner other than streaming is expressly prohibited. User Videos are made available "as is."
  3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Cooking-Hits Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Cooking-Hits service or otherwise as prohibited under this Agreement.
  4. Users may access Cooking-Hits Content, User Submissions and other content only as permitted under this Agreement. Company reserves all rights not expressly granted in and to the Cooking-Hits Content and the Cooking-Hits service.
  5. User shall not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
  6. User shall not circumvent, disable or otherwise interfere with security-related features of the Cooking-Hits Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Cooking-Hits Website or the Content therein.
  7. User is responsible for any and all fees, taxes, and expenses that may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
  8. When using the Cooking-Hits Website, User will be exposed to User Submissions from a variety of sources, and that Cooking-Hits is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. User further understands and acknowledges that he/she may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

User Submissions and Conduct

  1. User may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." User understands that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any User Submissions.
  2. User shall be solely responsible for his/her own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, User affirms, represents, and/or warrants that: he/she owns or has the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  3. By uploading files, inputting data or engaging in any other form of communication (individually or collectively, "Communications") to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, subject to the Privacy Policy, in all media now known or hereafter developed. User also grants each user of the Cooking-Hits Website a non-exclusive license to access his/her User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
  4. In connection with User Submissions, User further agrees that he/she will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cooking-Hits all of the license rights granted herein.
  5. User shall no upload, post or transmit to or distribute or otherwise publish through the Website any materials which:
    1. restrict or inhibit any other user from using and enjoying the Website;
    2. are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another's privacy, hateful, tortious or indecent;
    3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
    4. violate, plagiarize, or infringe the rights of third parties, including but not limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
    5. contain any viruses, Trojan horses, worms, logic bombs, cancel-bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    6. constitute or contain false or misleading indications of origin or statements of fact; or
    7. would harm minors in any way.
  6. User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
  7. Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Company reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

  1. Company will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. Company reserves the right to decide whether Content or a User Submission is appropriate and complies with these terms and conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Company may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these terms and conditions at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a 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 is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    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.
    Company's designated Copyright Agent to receive notifications of claimed infringement is: Beverly Coleman, Social Sampling at . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at feedback@cooking-hits.com. User acknowledges that if he/she fails to comply with all of the requirements of this Section 5(D), User DMCA notice may not be valid.
  2. Counter-Notice. If User believes that his/her User Submission that was removed (or to which access was disabled) is not infringing, or that User has the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, User may send a counter-notice containing the following information to the Copyright Agent:
    1. Physical or electronic signature;
    2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    3. A statement that User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    4. User name, address, telephone number, and e-mail address, a statement that consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company's sole discretion.

Warranty Disclaimer

Limitation of Liability

Indemnity

Ability to Accept Terms of Service

Assignment

Term and Termination

Breach

Governing Law

General




Privacy Policy


Social Sampling, owner of Cooking-Hits.com (hereinafter "Cooking-Hits"), is well aware that trust is the foundation for a successful connection. Accordingly, the privacy policy that governs Social Sampling' websites is intended to both protect and respect your privacy. The following describes privacy practices specific to Cooking-Hits. By providing personal information on Cooking-Hits, all persons fully understand and unambiguously consent to the collection and processing of such information.

Personal Information

Security

Uses

Information Available to Public

Your Choices

Third-party Advertiser, Links to Other Sites

Commitment to Children's Online Privacy

Disclaimer

More Information