The terms &
conditions(referred as the “Terms of use”) apply to contestchef.com platform
and all other services provided by contestchef whether you visit contestchef
via the website or via any other systems such as one of our apps or via one of
our partners(collectively called the “Service”) by contestchef.com(called the
“Provider”) to it’s users. By using Contestchef.com and/or it’s service. You
acknowledge that you have already read, understood and agree with these terms
and will not undertake use of these services in breach of it’s terms of use.
Eligibility & Authority
You must be 18 or over, or the legal age to form
a binding contract in your jurisdiction if that age is over 18 years of age, to
register as a Conteschef member or to use the Site and Services. If you are
under the applicable age in your jurisdiction, you can use the Site under the
supervision of your parent or guardian who has agreed to the Terms of Service.
However, you must be 13 years or older to use the Site in compliance with the
Childrens Online Privacy Protection Act.
If you are a user on behalf of a legal entity,
you confirm and warrant that you are authorized by the entity to sign on it’s
behalf and that neither you nor the legal entity represented by you are other
wise barred from entering into a binding contract under the applicable laws. If
you do not qualify, please do not use the Site.
Service Description
The Service enables you to upload, share and
contest using your own recipes and other contents as well as share content,
comments, ideas and opinions and promote your work with the world wide network
of Contestchef recipe/ food related content creators and participate in
contests and promotions from time to time.
A “recipe” means a digital version of the set of
ingredients used to & instructions that describes how to prepare or make a
culinary dish including the photos, videos and other contents like tips shared
with Contestchef.
“Content” includes, but will not be limited to
recipes, contests, comments, messages, information, promotions and software.
User Name and password
When
you use Contestchef’s services, you must create a user account. You shall try not
to choose a user name and a personal password. You agree to not choose a user
name that is abusive, harmful, offensive either racially or ethnically,
sexually explicit, defamatory, infringing with rights of others or invasive of
the personal privacy rights of others.
You agree to and warrant that you will never
disclose(willfully/ by negligence) your user name and/or password to any third
party or allow such third parties to use your access to the Service. You are
personally responsible for the use of service under your access & password.
You are liable for any damages or losses incurred by the service provider or
any third party due to unauthorized use of your access details. In case of you
believing that your access details are compromised by any third parties,
immediately inform Contestchef via email to support@contestchef.com.
Rules of Conduct
You agree that you will not use Contestchef
and/or service to upload contents that
- contain viruses,
malicious software or other programs that may harm computers or other property
- are abusive, harmful,
offensive either racially or ethnically, sexually explicit, defamatory,
infringing with rights of others or invasive of the personal privacy rights of
others
- are not owned by you or
you do not have the owner’s rights to transfer rights to the Provider, illegal,
infringing with the copyrights and intellectual properties of other people
- harass, discriminate or
threaten another person/company
- contains pornography or is
any other way sexually explicit, attacking sexual orientation or religion
Contestchef reserves the right to immediately
remove any content from Contestchef.com that the provider in it’s sole
discretion deems is in breach of the agreement, any other terms and conditions
posted on Contestchef or is otherwise harmful for the provider.
The service allows You to upload contents for
which you are personally responsible. You agree to not use the Services to
upload contents that are not in breach of the Agreement including not limited
to repeatedly sending unwanted messages including to harass and/or threaten
another user or the provider.
Rights to use
By uploading the content to the service, you
grant:
- to the Provider, a non-exclusive, perpetual,
transferable, worldwide, irrevocable and royalty-free licence (with the right
to sublicense) to - without restrictions – reproduce, make available, use,
publish, distribute, modify, adapt, publicly perform and publicly display such
Content on Contestchef and the Service and otherwise as required in order to
perform the Service and in marketing and promotion of the Provider and/or the
Service in all media and all countries. You agree to and warrant that the
content is owned or duly licensed by You and that the Provider does not need
the permission or license from any third party to use the above described
rights, however the Provider shall provide credits to the original content
generator/user.
- to every User of and visitor to the Service a
non-exclusive (except for Exclusive Use), worldwide and royalty-free licence to
get access to such Content via the Service and to use, publish, distribute,
modify, adapt, publicly perform and publicly display such Content as permitted
by the functions of the Service and these Terms of Use and in particular as
permitted under the relevant type of permitted use
- By uploading Content on Contestchef.com You
further, to the extent permitted by law, waive any moral rights that may be
vested in You as creator of such Content, including the right for You to have
Your name stated when the Content is used on Contestchef.com or in marketing
and promotion of the Provider and/or the Service, or by Users in accordance
with the Agreement, in all media and all countries.
Contests
Recipes can be requested generally or with
regards to specific themes, motives or other qualities by the Provider or a
User and uploaded to the Service by Users in response to such a request(“Contest”).
All recipes uploaded to such contests will be available to other users.
If a contest is concerned with the request of
recipes or contents for Exclusive Use, it is a “Contest for Exclusive Use”.
“Contest holder” posts a Contest in the Service. The provider can also be a
Contest holder.
As a “Contest holder” you may not post requests/
any contents that are offensive, illegal or in any other way in breach of the
Rules of Conduct mentioned in the Terms of Use or of any other provision in the
Agreement. Contest holder may opt to posts contests with or without any
rewards. Users submitting recipes/ contents in response to the Contests are
referred to as “Contributor”. As a contributor, you agree to abide by the rules
of conduct as mentioned in the terms of use.
Contests are conducted / posted by Contest
holders for a fixed period of time with a start date and end date for
submission of recipes/contents.
Winners eligible for cash/ non-cash rewards are
judged by the crowd/ other users based on the likes, votes and comments
received on their contents submitted. The provider owns a robust proprietary
calculation methodology for filtering the top contributors and the popular
recipes. Actual winners are judged by the Contest holder using these aids and
their own criteria defined during the posting of the contests. Judgment of
winners by the Contest holders is full and final and users & contributors
shall agree to this judgment in all cases unconditionally.
Intellectual Property
All intellectual property rights, including but
not limited to copyrights and trademarks and trade names (whether registered or
not, in whatever geographies), in relation to the Services as such is the
property of the Provider, it’s partners and/or other Users.
Provider’s liability
The Provider grants no warranties, express,
implied or otherwise, as to the accessibility, quality, suitability, or
accuracy of the Service provided and disclaims any warranties or conditions of
merchantability, fitness for a particular purpose or non-infringement. The
Provider shall not be liable for the technical implementation of &
technical problems related to the Service or the third party related
applications. Furthermore, there are situations when the Service may not be
accessible, including but not limited to situations due to necessary
maintenance and circumstances outside the control of the Provider such as net
access failure, external problems with the network, storage systems and any
other systems – that the Service is not accessible due to these circumstances
is not a fault in the Service and the Provider shall not be liable to You on
account thereof.
To the fullest extent permitted by applicable law the Provider, its agents, directors, partners, officers,
shareholders, employees, subsidiaries, affiliates, successors, assigns,
suppliers or licensors shall not be liable to You or any third party for any
direct damages, indirect damages or any other damages of any kind, including
but not limited to loss of data, loss of capital/investments, loss of profits,
loss of income, loss of direct/indirect revenue, business interruption, damages
for goodwill, procurement of substitute services, arising out of or in
connection with the Agreement or the use or inability to use Contestchef.com
and/or the Service.
To the extent the Provider is liable to You for any damages, the Provider’s
aggregate liability to You, whether for negligence, breach of contract or any
other cause of action or omission shall be limited to the aggregate fees
relating to the service causing the damage, that You have paid to Provider
during the 12 months preceding the event causing the damage.
The Provider shall not be liable to You for any claims made by third parties
towards You
User’s liability and
indemnification
The User shall be liable for any damage caused
to the Provider or any third party by User’s breach of the Agreement, including
but not limited to any damage caused by the taking or use of a recipe/contents
or any use of Contestchef.com and/or the Service in breach of the Agreement.
You agree to hold harmless and indemnify the
Provider in relation to any claims, costs (including properly incurred legal
costs and other advisers’ fees), efforts wasted, damages, expenses, liabilities
and losses, incurred by the Provider, arising in any manner whatsoever in
relation to the taking or use of a recipe/contents in breach of the Agreement,
or any other breach of the Agreement.
Notice and take down
function
If an user believes or suspects that the
contents including the contests, photos, recipes/ contents on the Service is in
breach of the Agreement, he/she may report such information to the Provider.
User’s abuse of this function will be regarded as a material breach of the
Agreement.
The provider reserves unconditional rights to
immediately remove recipes/ contents, comments including your contests, contest
related details as described in the Rules of Conduct.
Termination
The provider can terminate the Agreement and
your access to the service, by written notice to your email address. This is
usually during times when you commit a material breach(including but not
limited to the Terms of Use and the Privacy policy) of the Agreement. The
provider reserves the right to claim damages and all other rights provided by
law.
The provider shall have the right to terminate
the Agreement and cease to provide access to the Service without prior notice
if required by law or any authority decision either local or regional or global
or also because the Provider ceases to provide the Service.
Users can also choose to terminate the Agreement
by requesting the Provider to deactivate their profile from the Service. Such
users shall send an email to support@contestchef.com
to initiate such an action. The provider commits to act on such requests and
remove the user profile within 4 working weeks. However, the contents already
generated by such users will be found on the Service and shall not be deleted
by the provider.
Third party websites and
applications
Any information that you enter on a third party
website or application not directly or indirectly related to the Service will
be shared with the owner of the third party website or application and your
information may be subject to the privacy policies and terms of use/ conditions
of those specific third party websites.
The provider shall not be held liable at all
times for any failures of third party websites and applications
Assignment of rights
You may not assign your rights to use the
service to any other individual or a business entity without prior written
approvals from the Provider. The Provider may assign it’s rights or obligations
under the Agreement to any third party without your prior written approval
Disputes and Governing
laws
The Agreement and any non-contractual
obligations in connection with or arising out of it shall be governed by and
construed and interpreted under the laws of India, excluding it’s Conflict of
law rules, unless otherwise required by mandatory law. Any disputes or claims
arising out of or in connection with the Agreement or the breach, termination
or invalidity thereof, shall be finally settled by the courts of India with the
city of Chennai of the State of Tamil Nadu, India court as first instance
Consent & Modifications to Terms of Use
Contestchef reserves the right to modify all or
some of this Terms of Use at any time without notice, Users should visit Terms
of Use page regularly to review any modifications. Any major change in the
policies will be highlighted on the home page of the site. By using this
site regularly you agree to the Terms of Use. Please do not use the site if you
are not in agreement with the terms.
If you have any questions or concerns regarding
the policy, please contact Contestchef customer service at
support@contestchef.com