Terms of service

This website or site, "tastytalescooking.com" is owned and operated by Tasty Tales Cooking, LLC (“Tasty Tales Cooking,” “Company,” “we,” “us,” “our,” or “ourselves”). Visitors to and users of our site our site and/ or purchasers of our products or subscription packages (collectively, “users,” “you,” or “your”) are engaging in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those all terms and conditions and policies referenced herein and/or available by hyperlink during Checkout. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

 

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Tasty Tales Cooking. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.  You may use the Services only for your personal, non-commercial purposes.  

 

PLEASE READ THE TERMS CAREFULLY.  BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM.  YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THE CURRENT TERMS.

 

Section 1

ACCESS TO OUR SERVICES 

In order to use our website and/or receive our Services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement and you also give us your consent to allow any of your minor dependents to also use this site. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

All trademarks, logos and service marks (“Marks”) displayed on the site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Services are subject to change at anytime without notice, at the sole discretion of us.  Any offer for any Service is void where prohibited.

We may, without prior notice, change the Services; stop providing the Services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.  

If you object to any changes to the Services, your sole recourse will be to cease using the site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable).  Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.  We also reserve the right to discontinue the website and/or Services at any time without notice.  We will not be liable to you or any third-party should we exercise our right to modify or discontinue the site or the Services.

 

Section 2

HOLD HARMLESS AGREEMENT AND WAIVER

The Tasty Tales Cooking subscription service that I am signing up for involves food preparation and cooking with appliances. Given the common dangers and use of tools and cooking appliances in a kitchen, and of handling raw ingredients, you agree to hold harmless Tasty Tales Cooking, LLC (“Tasty Tales Cooking”) and the Tasty Tales Cooking employees, owners, and authors from any and all liability, loss, claim, demand, action or cause of action which arises or may arise or be occasioned in any way by participation in a Tasty Tales Cooking activity in presence on the property or in my home by you or your minor children. You understand that you are ultimately responsible for maintaining the quality of food you prepare, cook, and eat during any cooking activity.

In consideration of being permitted to purchase and participate in this cooking subscription service, you hereby waive, release, and discharge any and all claims for damages or personal injury, death, or property damage which you or your child, may have or which may hereafter accrue as a result of my participation in a Tasty Tales Cooking activity, except for harm caused intentionally by or due to the gross negligence of the Tasty Tales Cooking's agents. This release is intended to discharge in advance all members of its staff whether contracted or employed from and against any and all liability arising out of or connected in any way with any participation in said activity, except as specified above. You hereby release and forever discharge us from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of our Services. You agree that in the event you bring a lawsuit against Tasty Tales Cooking, LLC or any of its owners or agents and are unsuccessful, you must reimburse the defendants in that case for any costs or expenses incurred in defending such lawsuit, including reasonable attorney’s fees.

 

BY PURCHASING ANY PRODUCT, SUBSCRIPTION OR SERVICE ON THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS HOLD HARMLESS AGREEMENT, WAIVER, AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS.

 

Section 3

COMMERCIAL TERMS

Obligations.  When purchasing a subscription or add-on product, you agree that: (i) you are responsible for reading the full item description before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase when you commit to buy and you complete the check-out payment process.

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance.  Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to refuse any order (in whole or in part) you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may require additional verifications or information before accepting any order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.   Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card or payment account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card or payment for the cancelled portion of the order.

Accounts.  You agree to provide true, current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Pricing.  The prices we charge for using our services and products are listed on tastytalescooking.com. We reserve the right to change our prices for services and products displayed at any time, and to correct pricing errors that may inadvertently occur. 

Payment Terms. If you order a subscription package (with a 2 month, 4 month or 6 month term) that auto-renews (“Package”), then you agree to pay the applicable Package price and Taxes upon each auto-renewal date, until you terminate your Subscription.  Your next billing date will be displayed in your My Subscriptions page. Please also note that if your Package includes a discounted Package price for a promotional period, once the promotional period expires, your subscription will renew at the full Package price.  As such, if you purchase a Package, until such time as you terminate your Package in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due.  You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription.  

Subscriptions.  With respect to the automatically-renewed subscriptions to paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Cancellations.  You may cancel automatically-renewed subscriptions at any time by notifying us at info@tastytalescooking.com or by logging into your customer portal and cancelling.

Refunds.  We do not issue refunds for undamaged products or remaining months of a subscribed plan unless we are the ones that terminate a Service.  For any damaged product, please notify us within 14 days of the date you receive the product, and we will replace it or provide a refund based upon the monthly Package value. 

 

Section 4

THIRD-PARTY OFFERINGS

You may be able to access websites, content, products or services provided by third-parties through links that are made available on tastytalescooking.com.  We refer to all such websites, content, services and products as “Third-Party Offerings.”  For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers.  If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s).  You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

 

Section 5

PROMOTIONAL EMAILS AND TEXT MESSAGING

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Section 6

USER  FEEDBACK

If you provide us any feedback or suggestions regarding our Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  We are and shall be under no obligation to pay compensation for any Feedback or to respond to any Feedback.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

 

Section 7

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

 

Limited Warranties

THE SERVICE, THE SITE , ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.   WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS.  WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION.  WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.  YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR SERVICES TO PROVIDE INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU.  ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

 

Limitation Of Liability

USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITIES FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.  IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICES, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE.  IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICES AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

 

Exclusions

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED.   CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

 

Section 8

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES.

 

Section 9

TERM AND TERMINATION

We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice.  You may delete your Account at any time, for any reason, by following the instructions on the Site.  If we have suspended or terminated these Terms, your Account, the site, or the Services other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a subscription to the Services (if any).  You understand that any termination of your Account involves deletion of your User Content associated contained in our live databases.  Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The agreement to the Obligations, Hold harmless and waiver agreement, and Sections 7 and 8 of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

 

Section 10

MISCELLANEOUS AND ENTIRE AGREEMENT TERMS

You agree to comply with all laws, rules and regulations that apply to your use of the Tasty Tales Cooking Services.  Any delay or failure by us to exercise or enforce any right or provision of these terms will 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 agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.  The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation.  These Terms constitute the entire agreement between you and us with regard to the matters described above.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

These Terms of Service shall be governed and construed in accordance with the laws of California. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in California.

 

Contact Information for questions about these Terms can be sent to info@tastytalescooking.com.