Terms of Service
Legal Agreement Governing Your Use of Friendly Kitchen Blog
Last Updated: December 15, 2024
Effective Date: December 15, 2024
Welcome to Friendly Kitchen Blog ("we," "us," "our," or "the Website"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," or "user") and Friendly Kitchen Blog regarding your access to and use of the website located at FriendlyKitchenBlog.com, including all content, features, and services offered on or through the Website.
IMPORTANT - PLEASE READ CAREFULLY
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.
If you do not agree with any part of these Terms, you must immediately discontinue use of the Website. Your continued use of the Website constitutes your acceptance of these Terms and any modifications thereto.
We reserve the right to modify, update, or change these Terms at any time and for any reason. We will provide notice of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
Table of Contents
- Acceptance of Terms
- Eligibility and Registration
- Purpose and Scope of Service
- User Accounts and Security
- Intellectual Property Rights
- User Content and Conduct
- Prohibited Activities
- Advertising and Monetization
- Affiliate Relationships and Disclosures
- Third-Party Links and Services
- Cookies and Tracking Technologies
- Disclaimer of Professional Advice
- Medical and Dietary Disclaimers
- Recipe Use and Food Safety
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Privacy and Data Protection
- DMCA and Copyright Infringement
- Termination and Suspension
- Dispute Resolution and Arbitration
- Governing Law and Jurisdiction
- Miscellaneous Provisions
- Contact Information
1. Acceptance of Terms
By accessing or using Friendly Kitchen Blog in any manner, including but not limited to visiting or browsing the Website, submitting information through forms, subscribing to newsletters, or engaging with our content, you agree to be bound by these Terms of Service, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws.
These Terms apply to all visitors, users, and others who access or use the Website, whether registered or unregistered.
1.1 Agreement to Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.
1.2 Modifications to Terms
We reserve the right to change, modify, add, or remove portions of these Terms at any time at our sole discretion. Changes will be effective when posted on the Website with a new "Last Updated" date. You are responsible for regularly reviewing these Terms. Your continued use of the Website after changes have been posted constitutes your acceptance of the modified Terms.
Notice of Material Changes: If we make material changes to these Terms, we may provide additional notice such as a prominent announcement on our homepage or an email notification to registered users.
2. Eligibility and Registration
2.1 Age Requirements
You must be at least 18 years of age to use this Website. If you are between 13 and 18 years of age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Website, you represent and warrant that you meet these age requirements.
The Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website.
2.2 Capacity to Accept Terms
By using the Website, you represent and warrant that:
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Website under the laws of any jurisdiction
- You will comply with these Terms and all applicable local, state, national, and international laws
- All information you provide is accurate, current, and complete
2.3 Account Registration (If Applicable)
Certain features of the Website may require you to register for an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion.
3. Purpose and Scope of Service
Friendly Kitchen Blog is a content platform that provides:
- Recipes and cooking instructions
- Food and cooking-related articles and blog posts
- Kitchen tips and techniques
- Product recommendations and reviews
- General information about food, cooking, and home entertaining
3.1 Informational and Educational Purpose
All content on the Website is provided for general informational and educational purposes only. The content is intended to inspire and educate home cooks but should not be considered professional advice of any kind.
3.2 No Professional Relationship
No content on the Website creates a professional relationship (such as chef-client, nutritionist-client, or doctor-patient relationship) between you and Friendly Kitchen Blog or any of its contributors.
3.3 As-Is Service
We provide the Website and its content "as is" and make no guarantees regarding:
- The accuracy, completeness, or reliability of any content
- The outcomes or results from following any recipes or instructions
- The availability or continuity of the Website
- The correction of errors or bugs
4. User Accounts and Security
4.1 Account Security
If you create an account on our Website, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Ensuring that you log out from your account at the end of each session
4.2 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Providing false or misleading information
- Engaging in prohibited activities
- Extended periods of inactivity
- At our sole discretion
Upon termination, your right to use the Website will immediately cease, and we may delete your account and all associated data.
5. Intellectual Property Rights
5.1 Ownership of Content
Unless otherwise indicated, the Website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, recipes, design, selection, and arrangement) are owned by Friendly Kitchen Blog, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Trademarks
The Friendly Kitchen Blog name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Friendly Kitchen Blog or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
5.3 Limited License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Website for your personal, non-commercial use
- View and print individual pages from the Website for personal use
- Prepare recipes from the Website for personal, non-commercial purposes
5.4 Restrictions on Use
You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from the Website without our express written permission
- Use any content for commercial purposes without our written authorization
- Remove or modify any copyright, trademark, or other proprietary notices
- Use automated systems (bots, scrapers, crawlers) to access or collect content from the Website
- Frame or mirror any part of the Website without our express written permission
- Republish recipes or content on other websites, blogs, or platforms without attribution and permission
5.5 Recipe Attribution and Sharing
If you wish to share our recipes on your website or social media:
- You may share a brief excerpt (no more than one or two sentences) along with a link back to the original recipe on our Website
- You must provide clear attribution to Friendly Kitchen Blog
- You may not republish the full recipe without our express written permission
- You may share photos of dishes you've made from our recipes with appropriate credit
5.6 User-Generated Content License
When you submit content to the Website (such as comments, reviews, photos, or feedback), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
6. User Content and Conduct
6.1 Responsibility for User Content
You are solely responsible for any content you submit, post, or transmit through the Website, including comments, reviews, photos, and other materials ("User Content"). You represent and warrant that:
- You own or have the necessary rights to submit the User Content
- The User Content does not violate any third-party rights
- The User Content complies with these Terms and all applicable laws
- The User Content is accurate and not misleading
6.2 Content Standards
All User Content must:
- Be respectful and courteous
- Not contain offensive, abusive, defamatory, or hateful language
- Not contain obscene, pornographic, or sexually explicit material
- Not promote violence, discrimination, or illegal activities
- Not contain spam, advertisements, or promotional content (unless authorized)
- Not impersonate any person or entity
- Not contain viruses, malware, or harmful code
6.3 Monitoring and Removal
We reserve the right, but are not obligated, to:
- Monitor, review, and moderate User Content
- Remove or refuse to post any User Content for any reason
- Take any action with respect to User Content that we deem necessary or appropriate
- Disclose User Content and circumstances surrounding its transmission to comply with legal obligations
We are not responsible for monitoring the Website for inappropriate content or conduct. We assume no liability for any action or inaction regarding User Content.
7. Prohibited Activities
You agree that you will not engage in any of the following prohibited activities:
7.1 Unlawful Activities
- Using the Website for any unlawful purpose or in violation of any local, state, national, or international law
- Soliciting others to perform or participate in unlawful acts
- Violating any regulations having the force of law
7.2 Harmful or Abusive Conduct
- Harassing, intimidating, or threatening other users
- Posting or transmitting content that is defamatory, libelous, or invasive of another's privacy
- Impersonating or attempting to impersonate another user, person, or entity
- Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
7.3 Technical Abuse
- Attempting to gain unauthorized access to the Website, other users' accounts, or computer systems
- Using any robot, spider, scraper, or other automated means to access the Website
- Introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material
- Attempting to interfere with, compromise, or disrupt the Website's security, integrity, or performance
- Reverse engineering, decompiling, or disassembling any aspect of the Website
- Circumventing or disabling any security features or access controls
7.4 Intellectual Property Violations
- Infringing any patent, trademark, trade secret, copyright, or other proprietary rights
- Copying, distributing, or disclosing any part of the Website in any medium
- Using any automated system to collect or harvest information from the Website
7.5 Commercial Misuse
- Using the Website for unauthorized commercial purposes
- Advertising or offering to sell goods or services without permission
- Conducting contests, sweepstakes, or promotions without authorization
- Using the Website to generate revenue without our written consent
7.6 Consequences of Violations
Violation of these prohibited activities may result in:
- Immediate termination of your access to the Website
- Legal action, including civil and criminal prosecution
- Liability for damages and costs, including legal fees
- Reporting to law enforcement authorities
8. Advertising and Monetization
8.1 Advertising-Supported Service
Friendly Kitchen Blog is a free service supported by advertising revenue. By using the Website, you acknowledge and agree that:
- The Website displays third-party advertisements
- Advertisements may appear throughout the Website, including within content
- We use advertising partners including Google AdSense and other ad networks
- Advertisements are selected by third-party advertising systems
8.2 Google AdSense and Display Advertising
We participate in the Google AdSense program and other advertising networks. These services:
- Use cookies and similar technologies to serve advertisements
- Collect information about your visits to this and other websites
- Use this information to provide targeted advertisements about goods and services of interest to you
- May use demographic and interest-based information for ad targeting
8.3 Third-Party Advertising Partners
Our third-party advertising partners include but are not limited to:
- Google AdSense
- Google Ad Manager
- Other advertising networks and exchanges
These partners have their own privacy policies and terms of service. We do not control and are not responsible for their policies or practices.
8.4 No Endorsement of Advertisements
The display of advertisements on our Website does not constitute an endorsement, authorization, or representation of our affiliation with any advertiser. We:
- Do not control the content of third-party advertisements
- Are not responsible for the accuracy of advertising claims
- Do not endorse any products or services advertised
- Are not liable for any damages arising from your interaction with advertisements
- Do not guarantee the quality, safety, or legality of advertised products or services
8.5 Personalized Advertising and Opt-Out
We and our advertising partners use cookies and similar technologies to serve personalized advertisements. You have choices regarding personalized advertising:
- Google Ads Settings: Visit www.google.com/settings/ads to manage your Google advertising preferences
- NAI Opt-Out: Visit optout.networkadvertising.org to opt out of Network Advertising Initiative member services
- DAA Opt-Out: Visit optout.aboutads.info to opt out of Digital Advertising Alliance member services
- Browser Settings: Adjust your browser settings to block or delete cookies
Please note that opting out of personalized advertising does not mean you will see fewer ads; you will still see advertisements, but they will be less relevant to your interests.
8.6 Interaction with Advertisements
When you click on an advertisement:
- You may be directed to a third-party website
- Your interaction may be tracked by the advertiser
- You become subject to the third party's terms and privacy policy
- We are not responsible for your interactions with third-party advertisers
Important: We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit through advertisements on our Website.
9. Affiliate Relationships and Disclosures
9.1 Affiliate Program Participation
Friendly Kitchen Blog participates in various affiliate marketing programs. This means we may earn commissions from qualifying purchases made through affiliate links on our Website.
9.2 Affiliate Programs
We participate in affiliate programs including, but not limited to:
- Amazon Associates Program
- ShareASale
- Commission Junction (CJ Affiliate)
- Rakuten Marketing
- Other merchant affiliate programs
9.3 How Affiliate Links Work
When you click on an affiliate link and make a purchase:
- We may earn a commission from the merchant at no additional cost to you
- The price you pay is the same whether you use our link or go directly to the merchant
- Commissions help us maintain and improve the Website
- Your purchases support our ability to provide free content
9.4 Product Recommendations
We only recommend products and services that we:
- Genuinely believe will provide value to our readers
- Have personally tested or researched (in most cases)
- Think are relevant to our audience
However, our recommendations:
- Are based on our opinions and experiences
- May not be suitable for everyone
- Should be evaluated based on your individual needs and circumstances
- Do not constitute professional advice
9.5 FTC Compliance
In compliance with Federal Trade Commission (FTC) guidelines:
- We disclose our affiliate relationships
- We clearly identify sponsored content
- Our reviews and recommendations reflect our honest opinions
- We maintain editorial independence even when using affiliate links
9.6 No Guarantee of Results
While we strive to recommend quality products and services:
- We cannot guarantee specific results from using any product or service
- Individual results may vary
- We are not responsible for your satisfaction with third-party products or services
- All purchases are made at your own risk
Affiliate Disclosure Statement
This website contains affiliate links. If you make a purchase through these links, we may earn a commission at no additional cost to you. We only recommend products and services we believe will add value to our readers. All opinions expressed are our own.
10. Third-Party Links and Services
10.1 Links to Third-Party Websites
The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Friendly Kitchen Blog. These links are provided for your convenience and information only.
10.2 No Responsibility for Third-Party Content
We have no control over, and assume no responsibility for:
- The content, privacy policies, or practices of third-party websites
- The accuracy or reliability of third-party information
- Products or services offered by third parties
- Your interactions with third-party websites
- Any damages or losses caused by third-party websites
10.3 No Endorsement
The inclusion of a link to a third-party website does not imply:
- Endorsement of the website or its content
- Affiliation with the website's operators (unless expressly stated)
- Responsibility for the website's practices or policies
- Verification of the accuracy of the information provided
10.4 Your Responsibility
When you access third-party websites:
- You do so at your own risk
- You should review their terms of service and privacy policies
- You are subject to their terms and conditions
- We strongly recommend exercising caution and using judgment
10.5 Social Media
We may provide links to our social media pages and may display social media widgets. These features:
- Are subject to the terms and privacy policies of the respective social media platforms
- May collect information about your interaction with the content
- May set cookies to enable proper functionality
11. Cookies and Tracking Technologies
11.1 Use of Cookies
By using the Website, you consent to our use of cookies and similar tracking technologies as described in our Privacy Policy and these Terms.
11.2 Types of Cookies
We and our third-party partners use various types of cookies:
- Essential Cookies: Necessary for basic Website functionality
- Analytics Cookies: Help us understand how visitors use the Website (e.g., Google Analytics)
- Advertising Cookies: Used to deliver personalized advertisements (e.g., Google AdSense)
- Functionality Cookies: Remember your preferences and choices
11.3 Third-Party Cookies
Third-party services on our Website may set their own cookies, including:
- Google Analytics for website analytics
- Google AdSense and other ad networks for advertising
- Social media platforms for sharing features
11.4 Managing Cookies
You can control cookies through:
- Browser settings to block or delete cookies
- Third-party opt-out tools
- Google Ads Settings and similar advertising preference tools
Please note that disabling cookies may affect your ability to use certain features of the Website.
For detailed information about cookies we use, how they work, and your choices, please refer to our Privacy Policy.
12. Disclaimer of Professional Advice
12.1 General Information Only
All content on Friendly Kitchen Blog, including recipes, articles, tips, recommendations, and other information, is provided for general informational and educational purposes only. The content is not intended to be, and should not be construed as, professional advice of any kind.
12.2 No Professional Relationship
Use of the Website does not create:
- A professional services relationship
- A chef-client or cooking instructor-student relationship
- A nutritionist-client or dietitian-client relationship
- A medical provider-patient relationship
- Any other professional relationship
12.3 Not a Substitute for Professional Advice
The Website content should not be used as a substitute for professional advice from qualified experts. You should always:
- Consult with appropriate professionals regarding your specific situations
- Seek medical advice from healthcare providers for health-related concerns
- Consult registered dietitians or nutritionists for dietary guidance
- Verify information from multiple sources before making decisions
12.4 Use at Your Own Risk
Any reliance you place on the information provided on the Website is strictly at your own risk. We disclaim all liability for any actions taken or not taken based on the content on the Website.
13. Medical and Dietary Disclaimers
IMPORTANT MEDICAL DISCLAIMER: The content on this Website is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease or health condition. Always consult with a qualified healthcare provider before making changes to your diet or health regimen.
13.1 Not Medical or Nutritional Advice
Content on the Website, including nutritional information, health tips, and dietary recommendations:
- Is not medical or nutritional advice
- Should not replace professional medical or dietary guidance
- Is provided for informational purposes only
- May not be suitable for individuals with specific health conditions or dietary restrictions
13.2 Consult Healthcare Professionals
You should consult with qualified healthcare professionals before:
- Making significant dietary changes
- Starting any new diet or eating plan
- Using recipes if you have food allergies, intolerances, or medical conditions
- Following any health or wellness advice found on the Website
13.3 Nutritional Information
When nutritional information is provided:
- It is estimated and may not be 100% accurate
- It is calculated using online tools and databases
- It may vary based on specific ingredients and preparation methods
- It should not be relied upon for medical or dietary purposes
- We make no guarantees regarding its accuracy or completeness
13.4 Individual Variations
Individual responses to recipes and dietary information may vary based on:
- Personal health conditions
- Allergies and food sensitivities
- Medications and medical treatments
- Individual metabolism and dietary needs
13.5 Allergen Information
While we may provide allergen information:
- We cannot guarantee recipes are free from specific allergens
- Cross-contamination may occur during preparation
- Ingredients may contain unlisted allergens
- Always check ingredient labels and verify allergen information independently
ALLERGY WARNING: If you have food allergies or dietary restrictions, you are solely responsible for verifying that recipes and ingredients are safe for your consumption. We are not liable for any allergic reactions or adverse health effects.
14. Recipe Use and Food Safety
14.1 Recipe Accuracy
While we strive to provide accurate and tested recipes:
- We cannot guarantee specific results
- Individual results may vary based on ingredients, equipment, and skill level
- Cooking times and temperatures may need adjustment based on your specific circumstances
- We are not responsible if a recipe does not turn out as expected
14.2 Food Safety Responsibility
You are solely responsible for:
- Following proper food safety practices when preparing recipes
- Ensuring ingredients are fresh and properly stored
- Cooking foods to safe internal temperatures
- Preventing cross-contamination
- Properly handling, storing, and reheating leftovers
- Following safe canning and preservation practices
14.3 Food Safety Guidelines
Always follow food safety guidelines from authoritative sources such as:
- U.S. Department of Agriculture (USDA)
- Food and Drug Administration (FDA)
- Centers for Disease Control and Prevention (CDC)
- Local health departments
14.4 High-Risk Foods
Special caution should be exercised with recipes involving:
- Raw or undercooked eggs, meat, poultry, or seafood
- Unpasteurized dairy products
- Home canning and preservation
- Foods for infants, elderly, pregnant women, or immunocompromised individuals
14.5 Equipment Safety
Use kitchen equipment safely and:
- Follow manufacturer's instructions
- Use appropriate safety precautions
- Supervise children in the kitchen
- Exercise caution with sharp tools, hot surfaces, and electrical appliances
FOOD SAFETY WARNING: We are not responsible for any foodborne illness, injury, or adverse health effects resulting from recipes or information on the Website. You assume all risks associated with food preparation and consumption.
15. Disclaimer of Warranties
15.1 "As Is" and "As Available" Basis
THE WEBSITE AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
15.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, FRIENDLY KITCHEN BLOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- SECURITY OF THE WEBSITE
- CORRECTION OF DEFECTS OR ERRORS
15.3 No Guarantee of Results
We do not warrant or guarantee that:
- The Website will meet your requirements or expectations
- Recipes will produce the expected results
- Information on the Website is accurate, complete, or current
- The Website will be available at all times
- Defects will be corrected
- The Website is free of viruses or other harmful components
15.4 Third-Party Content
We make no representations or warranties regarding:
- Third-party advertisements or content
- Third-party products or services
- Websites linked from our Website
- User-generated content
15.5 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you. You may have additional rights that vary by jurisdiction.
16. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.
16.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDLY KITCHEN BLOG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- LOSS OF OR DAMAGE TO PROPERTY
- PERSONAL INJURY OR WRONGFUL DEATH
- FOODBORNE ILLNESS OR ALLERGIC REACTIONS
- DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US TO USE THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
16.3 Specific Exclusions
We shall not be liable for:
- Any damages arising from following recipes or instructions on the Website
- Adverse reactions to foods or ingredients
- Injuries sustained while preparing recipes
- Damage to property during food preparation
- Foodborne illness or food poisoning
- Allergic reactions or health complications
- Reliance on nutritional or health information
- Purchases made through affiliate links
- Interactions with third-party advertisers
- Third-party websites or services
- User-generated content
- Unauthorized access to your account or data
- Errors, bugs, or technical issues
- Website downtime or unavailability
16.4 Basis of the Bargain
The limitations and exclusions in this section reflect a reasonable and fair allocation of risk between you and us and are fundamental elements of the bargain between us. We would not be able to provide the Website on a free or low-cost basis without these limitations.
16.5 Jurisdictional Variations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
17. Indemnification
17.1 Your Indemnification Obligation
You agree to defend, indemnify, and hold harmless Friendly Kitchen Blog, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use or misuse of the Website
- Your violation of any law or the rights of a third party
- Your User Content or any content you submit, post, or transmit through the Website
- Your interaction with any third party through or in connection with the Website
- Your use of recipes or information from the Website
- Any injury, illness, or damages resulting from your preparation or consumption of recipes
- Any claims by third parties arising from your conduct on the Website
17.2 Defense of Claims
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You will not settle any claim that affects us without our prior written consent.
17.3 Notice of Claims
You agree to promptly notify us of any third-party claims for which you believe you are obligated to indemnify us.
18. Privacy and Data Protection
18.1 Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at privacy.html to understand our practices regarding the collection, use, and disclosure of your personal information.
18.2 Consent to Data Collection
By using the Website, you consent to:
- The collection and use of your information as described in our Privacy Policy
- The use of cookies and similar tracking technologies
- The transfer of your information to the United States and other countries
- The sharing of your information with third-party service providers and advertising partners
18.3 Data Security
While we implement reasonable security measures, we cannot guarantee the absolute security of your information. You acknowledge that:
- Internet transmission is never completely secure
- No security system is impenetrable
- You provide information at your own risk
- We are not responsible for unauthorized access to your data
18.4 Your Privacy Rights
Depending on your jurisdiction, you may have certain rights regarding your personal information. Please refer to our Privacy Policy for information about:
- Accessing your personal data
- Correcting inaccurate information
- Requesting deletion of your data
- Opting out of marketing communications
- Opting out of the sale or sharing of your data
- Other privacy rights
19. DMCA and Copyright Infringement
19.1 Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
19.2 DMCA Takedown Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify our copyright agent with the following information:
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to have been infringed
- Identification of the infringing material and information reasonably sufficient to locate it
- Your contact information (address, telephone number, email address)
- A statement that you have a good faith belief that the use is not authorized
- 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 copyright owner
19.3 DMCA Counter-Notice
If you believe that content you posted was wrongfully removed or disabled, you may send a counter-notice containing the following information:
- Your physical or electronic signature
- Identification of the material that was removed or disabled
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification
- Your name, address, and telephone number
- A statement that you consent to the jurisdiction of the Federal District Court for your judicial district
19.4 Copyright Agent Contact
Copyright notices should be sent to:
DMCA Agent
Friendly Kitchen Blog
Email: dmca@friendlykitchenblog.com
19.5 Repeat Infringer Policy
We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.
20. Termination and Suspension
20.1 Our Right to Terminate
We reserve the right, in our sole discretion, to:
- Terminate or suspend your access to the Website immediately, without prior notice or liability
- Refuse service to anyone for any reason at any time
- Remove or disable access to any content
- Take any other action we deem appropriate
20.2 Grounds for Termination
We may terminate or suspend your access for any reason, including but not limited to:
- Violation of these Terms
- Engaging in prohibited activities
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- At our sole discretion, for any other reason
20.3 Effect of Termination
Upon termination:
- Your right to access and use the Website will immediately cease
- We may delete your account and all associated data
- You remain liable for all obligations incurred prior to termination
- Provisions that by their nature should survive termination shall survive
20.4 Your Right to Terminate
You may stop using the Website at any time. If you have an account, you may request deletion by contacting us.
20.5 Survival
The following sections shall survive termination of these Terms: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.
21. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
21.1 Informal Dispute Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing:
- Your name and contact information
- The facts giving rise to the dispute
- The relief you seek
We will attempt to resolve the dispute within 60 days of receiving your notice. If we cannot resolve the dispute within 60 days, either party may initiate formal proceedings.
21.2 Binding Arbitration
If informal dispute resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall be resolved by binding arbitration, rather than in court, except that:
- You may bring claims in small claims court if your claims qualify
- Either party may seek equitable relief in court for infringement or misuse of intellectual property rights
21.3 Arbitration Rules
The arbitration shall be conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator selected in accordance with AAA rules.
21.4 Arbitration Location
The arbitration shall take place in [Your County/State], unless you and we agree otherwise. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted through written submissions, through a telephonic hearing, or through an in-person hearing.
21.5 Class Action Waiver
YOU AND FRIENDLY KITCHEN BLOG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
21.6 Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. If your claim is for $10,000 or less, we will pay all such fees unless the arbitrator finds that your claim was frivolous.
21.7 Opt-Out Right
You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to us at the contact information below. Your notice must include your name, address, email address, and a clear statement that you want to opt out of the arbitration agreement. If you opt out, all other terms of this Agreement will continue to apply.
21.8 Changes to Arbitration Provision
Notwithstanding any provision to the contrary, if we make any future changes to this arbitration provision (other than a change to the notice address), you may reject the change by sending us written notice within 30 days of the change, in which case this arbitration provision shall remain in effect as written prior to the change.
22. Governing Law and Jurisdiction
22.1 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Website shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.
22.2 Jurisdiction
Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the courts located in [Your County, State] for the resolution of any disputes.
22.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.
22.4 Statute of Limitations
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 Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22.5 International Users
The Website is controlled and operated from the United States. We make no representation that the Website is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
23. Miscellaneous Provisions
23.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Friendly Kitchen Blog regarding your use of the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
23.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to reflect the parties' intention as closely as possible.
23.3 Waiver
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
23.4 Assignment
You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent. We may assign these Terms or any rights under these Terms without your consent and without notice. Any attempted assignment or transfer in violation of this provision shall be null and void.
23.5 No Third-Party Beneficiaries
These Terms are for the benefit of, and may be enforced only by, you and Friendly Kitchen Blog. These Terms are not intended to confer any right or benefit upon any third party.
23.6 Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
23.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
23.8 Electronic Communications
By using the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
23.9 Language
These Terms were originally written in English. If these Terms are translated into another language, the English version shall prevail in case of any conflict or inconsistency.
23.10 California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us at the address provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23.11 Changes to the Website
We reserve the right to modify, suspend, or discontinue the Website (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
23.12 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Friendly Kitchen Blog.
23.13 Feedback
If you provide us with any feedback, suggestions, or ideas about the Website ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to compensate you.
24. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service or the Website, please contact us:
General Inquiries
Email: contact@friendlykitchenblog.com
Legal Inquiries
Email: legal@friendlykitchenblog.com
DMCA Copyright Agent
Email: dmca@friendlykitchenblog.com
Mailing Address
Friendly Kitchen Blog
[Your Street Address]
[City, State, ZIP Code]
[Country]
Website
https://friendlykitchenblog.com
Response Time: We will respond to all legitimate inquiries within 5-7 business days. For urgent legal matters, please clearly mark your communication as "URGENT" in the subject line.
Acknowledgment and Acceptance
By using Friendly Kitchen Blog, you acknowledge that:
- You have read these Terms of Service in their entirety
- You understand and agree to be bound by these Terms
- You have read and agree to our Privacy Policy
- You are legally capable of entering into binding contracts
- You meet the age requirements for using the Website
- You will comply with all applicable laws and regulations
Final Acknowledgment
YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND ANY AMENDMENTS THERETO.
If you do not agree with these Terms, you must immediately stop using the Website. By continuing to use the Website after changes to these Terms, you agree to the revised Terms.
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These Terms of Service were last updated on December 15, 2024
Effective Date: December 15, 2024
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