IF YOU CAN'T OR WON'T COMPLY WITH THESE TERMS OF SERVICE, YOU MUST STOP USING THIS SITE.
Definitions
- Kitchen Oasis CONTENT: All content created or made available by Kitchen Oasis.
- "Terms of Service" refers to all terms contained in this agreement as well as this site's privacy policy and all other guidelines posted anywhere on Kitchen Oasis.
- "We" and "us" mean Kitchen Oasis.
- "Content" refers to any form of media or data, including but not limited to text, photos, graphics, audio, and video.
- THIRD PARTY CONTENT: All content created or made available by data providers who license data to Kitchen Oasis for use on the site, or other parties other than Kitchen Oasis or its users.
- "Using" Kitchen Oasis is defined as accessing, browsing, crawling, scraping, or performing any other activities that connect to or make use of Kitchen Oasis in some way.
- YOUR CONTENT: All content that you submit or make available, including but not limited to reviews, ratings, compliments, information, and invitations displayed as part of your profile.
- The words "you" and "your" mean the user who is reading this agreement.
- SITE CONTENT: All types of content, collectively.
- USER CONTENT: All content submitted to Kitchen Oasis or made available by users, collectively.
Eligibility
You must be at least 18 years old and a resident of the United States to use this site. If you use Kitchen Oasis as an agent of any business entity, you must be an authorized representative of that business and you agree on behalf of that business to be bound to these Terms of Service. If you do not meet these eligibility requirements or if you do not have the authority to bind your company to these Terms of Service, you must not use this site.
Changes to the Terms of Service
Kitchen Oasis reserves the right to make periodic changes to these Terms of Service. Kitchen Oasis shall provide notification of such changes in the following manner: providing a revised version of Terms of Service on this web page, with an explanation at the top of when changes were made... Users should make certain to revisit these Terms of Service often to stay abreast of any changes, as all changes are binding to you through use of the site. Any Terms of Service changes will take effect at the time of posting. Your continued use of the site after these changes have been implemented serves as an indication of your acceptance of and consent to comply with any and all changes.
User Accounts
To access certain features of Kitchen Oasis, you may need to log in using a Facebook account. You will have to create a Facebook account to access these features if you do not already have one. You agree to keep your account password secure, and you accept responsibility for any activity associated with your account. You agree to notify us immediately if you know or suspect that someone other than you is using your account.
- "Personal Accounts" are accounts that you use for your own personal, non-commercial purposes. To ensure your credibility as a site contributor, you agree to provide accurate and complete information about yourself when creating your personal account. You may not create multiple personal accounts or provide another person's e-mail address or impersonate another person in any way.
- "Business Accounts" are accounts that you use solely for representing a business. To create an account for your business, you must be an authorized representative of the business, and you must register using a Facebook account. You agree to submit accurate and complete information about yourself and the business when creating your business account. You may not create more than one business account for the same organization or register business e-mail addresses that you do not have permission to register.
Use of the Site
We grant you permission to use Kitchen Oasis under the restrictions described in these Terms of Service. You may at times be exposed to inaccurate, objectionable, indecent, offensive, or otherwise inappropriate content. We do not vouch for the accuracy of such content, nor do we encourage or endorse it.
Restrictions
You agree that you will not directly or indirectly encourage or participate in any of these activities:
- Exploiting the site or site content (other than your content) through modification, adaptation, reproduction, distribution, translation, sale, trade, or creation of derivative works or adaptations of site content or the site itself.
- Using the site for discriminatory or bigoted purposes.
- Data mining, processing, or recording any information about Kitchen Oasis or other site users.
- Omitting or altering any part of Kitchen Oasis's copyright, trademark, or other proprietary rights notices on anything you copy, print, or distribute from the site.
- Affecting natural search results in any way through your use of Kitchen Oasis, for example, by keyword spamming.
- Violating Kitchen Oasis's Terms of Service or applicable laws.
- Using Kitchen Oasis or site content to transmit destructive items such as viruses, worms, or Trojan horses (collectively, "viruses").
- Submitting, displaying, or transmitting pornographic or illegal content on the site.
- Using Kitchen Oasis in any way that violates the rights of other users or third parties. This includes any and all rights, proprietary or intellectual, including but not limited to confidence, moral, patent, copyright, privacy, trademark, trade secret, and publicity.
- Scraping, indexing, or accessing this site or its content in any automated way in order to (1) frame or reformat any part of Kitchen Oasis, (2) build, develop, or populate a database of reviews, or (3) impose, in our opinion, an unreasonable load on our systems.
- Circumventing, disabling, removing, interfering with, or damaging any security features that prevent unauthorized copying of site content or limit your use of the site.
- Using Kitchen Oasis to solicit information from minors or cause harm to minors.
- Using Kitchen Oasis in any way that might create a conflict of interest or the appearance of a conflict of interest, for example, soliciting reviews or trading reviews with other businesses.
- Reverse engineering any part of the site, except as permitted by law.
- Using the site to identify passwords or security encryption codes, disrupt security, or cause harm to the site or site content.
- Adversely affecting the site with excessive network traffic.
- Using Kitchen Oasis to stalk, threaten, defraud, harass, or otherwise harm another person.
- Attempting, without authorization, to access any part of the site, including computer systems, user accounts, or networks connected to the site, by password mining, hacking, or any other illegal or unethical methods.
- Using Kitchen Oasis for commercial or promotional purposes not expressly allowed by our terms of service.
- Using any device or software to cause the site to work in a way that is different from the way in which we intend for it to work.
Permission to Use
Kitchen Oasis grants you permission to use our site under the restrictions described in these Terms of Service. You may at times be exposed to indecent, offensive, inaccurate, objectionable, and/or content that is otherwise inappropriate. We do not vouch for the accuracy of such content, and we do not endorse or encourage it.
Responsibility for Content
Your content is solely your responsibility. Kitchen Oasis bears no liability for your content. You assume any and all risks associated with your content, including but not limited to reliance on accuracy, completeness, or usefulness and disclosures that reveal your identity. You may not imply in any way that your content is endorsed or sponsored by Kitchen Oasis. Upon posting content on Kitchen Oasis, you represent that you own the posted content or you have permission to use it and to authorize its use for any other purpose.
You may be exposed to liability if (a) your content violates any third-party right, including but not limited to rights involving copyright, patent, trademark, trade secret, moral right, privacy right, publicity right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing hate speech or pornography, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.
Use of Content
You do not own rights or any entitlements to compensation for advertisements that run alongside your content or anywhere else on the site. Advertising manner, mode, and extent are subject to change without notice.
We may remove or reinstate user content at any time and for any reason at our discretion. Specifically, we may remove content that is determined to violate our Terms of Service or that we believe to be inappropriate.
To distribute content widely and simply, some of the site content (also "feed content") is made available through Atom feeds and Real Simple Syndication (RSS) (collectively known as "feeds"). Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) the use is personal and not commercial, (b) displayed feeds link back to relevant pages on the site and attribute Kitchen Oasiss as the source, (c) you do not suggest through use or display of Feed Content that Kitchen Oasiss endorses or promotes any third-party causes, products, ideas, websites, or services, (d) you do not redistribute the feed content, and (e) Kitchen Oasiss's systems are not overburdened by your accessing the feeds. Kitchen Oasiss reserves the right to terminate access to any feed at any time and for any reason.
Content Feeds
In order to facilitate simpler widespread distribution of content, some of the Site Content (also "Feed Content") is made available through Real Simple Syndication (RSS) and Atom feeds (the "Feeds"). Users may access feeds in order to display Feed Content on your PC, website or blog, provided that (a) use of the Feeds is not commercial and personal only, (b) display provides links back to relevant pages on the Site, with attribution to Kitchen Oasis as the source, (c) you do not suggest through use or display of Feed Content that Kitchen Oasis endorses or promotes any third-party causes, ideas, websites, products or services, (d) the Feed Content is not redistributed and (f) Kitchen Oasis's systems are not overburdened by your use of the Feeds. Kitchen Oasis reserves the right to terminate the Feeds at any time.
Site Availability
We have the right to update, change, or discontinue Kitchen Oasis at any time, for any reason, at our discretion, without notice or liability.
Unauthorized Access
We strictly and expressly forbid unauthorized access to Kitchen Oasis. We reserve the right to use any means necessary to prevent unauthorized access, including but not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using technological or programmatic obstructions.
Investigations
Kitchen Oasis is under no obligation to monitor the site or its Content. However, if we believe a possible Terms of Service violation has occurred, we reserve the right to investigate, contact appropriate law enforcement personnel as necessary, and/or block you from the site. In compliance with the Privacy Policy listed on this page, information may be prudently disclosed, including some or all of your content.
Feedback
- Site Enhancements or Suggestions. If you think of ways in which Kitchen Oasis could be improved, use our "Contact Us" form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you certify that (a) Kitchen Oasis is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under consideration, (c) your feedback does not contain confidential or proprietary information about third parties, and (d) you grant Kitchen Oasis a royalty-free, irrevocable, non-exclusive, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the feedback and all improvements resulting from it.
- Complaints. To help us continually improve your user experience, we invite you to share negative feedback with us by using our Contact Us page. However, terminating your account and discontinuing your use of the site is the only way to fully resolve your complaints.
Termination
We may, at any time and for any reason or no reason, terminate or indefinitely suspend your account or access to the site without notice or liability. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of these Terms of Service, we may terminate or suspend your account. If your account is terminated or suspended, you will be prevented from accessing your account, your content, the site content, and/or any related data.
Ownership
Kitchen Oasis content elements include interactive features, computer code, products, compilations, visual interfaces, graphics, designs, software, aggregate user reviews and ratings, and all other elements of Kitchen Oasis, including user and third-party content. These elements are owned by Kitchen Oasis. Changing, distributing, reproducing, publicly displaying, creating derivative works or adaptations, or exploiting the Kitchen Oasis content, in whole or in part, is prohibited unless expressly authorized by the site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights in and to Kitchen Oasis and all site content. Also, all copyrights, trademarks, service marks, trade names, and intellectual and proprietary rights throughout the world ("IP Rights") that are associated with Kitchen Oasis in any way, whether with its content or with the site itself, are also owned by the site, except where otherwise noted. These IP Rights are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.
Warranties, Disclaimers, and Limitations of Liability
- NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY Kitchen Oasis AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON Kitchen Oasis AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. Kitchen Oasis DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM Kitchen Oasis SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
- LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH Kitchen Oasis IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.
- ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY Kitchen Oasis. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
- Kitchen Oasis DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF Kitchen Oasis OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
- ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY Kitchen Oasis. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY Kitchen Oasis; HOWEVER, Kitchen Oasis RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
Indemnity
You agree that you will indemnify and hold harmless Kitchen Oasis and all of its parents, subsidiaries, licensors, partners, affiliates, related companies, and suppliers, as well as the directors, employees, officers, agents, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your Terms of Service violation, (b) your access to or use of Kitchen Oasis, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Kitchen Oasis, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. We will make reasonable efforts to make you aware of any legal claim, action, or proceeding. You may not settle any matter without written consent from us.
Third Parties
- Some of Kitchen Oasis's features are powered by Google, Inc. Use of these features is governed by our Terms of Use and Google.com's Terms of Use, which reside at http://maps.google.com/help/terms_maps. Other features are powered by The Microsoft Corporation. These features are governed by their terms of use, located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy is located here: http://go.microsoft.com/fwlink/?LinkId21970. These URLs might have been changed.
- You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with us. Third party sites are not controlled by, endorsed by, or affiliated with Kitchen Oasis.
Miscellaneous
- You are not permitted to assign, transfer, or sub-license these Terms of Service without first obtaining written consent from Kitchen Oasis.I any assignment is made in violation of these Terms of Service, it will be considered void. We reserve the right to transfer or assign the Terms of Service without restriction.
- The Terms of Service contain the entire agreement between you and us regarding all instances of use of Kitchen Oasis, This agreement supersedes any agreement between you and us that may have been established previously regarding any and all subject matter herein. Both parties herein acknowledge that no reliance is placed on any representation, made expressly or indirectly, contained in these Terms of Service.
- No employment, joint venture, partnership or agency is created by these Terms of Service. These Terms of Service do not provide you with the authority to bind Kitchen Oasis in any way whatsoever.
- You agree that the State of California will govern any dispute regarding or involving Kitchen Oasis without regard to its conflict of law provisions. You agree to personal jurisdiction by, as well as venue in the following location: San Francisco County, California state and federal courts.
- There is nothing within intended to confer rights or remedies upon any third party, except as noted in Section 20 above. Nothing contained within will be deemed to confer rights and remedies to any third party.
- Notification of changes to the Terms of Service and other related notices may be provided to you through any or all of the following channels: by email, regular mail or posting on this site.
- Should any of the provisions found in these Terms of Service be deemed either unenforceable or invalid, those provisions will be eliminated or will be limited to the minimum extent necessary to maintain the Terms of Service's status as enforceable.
- No waiver shall be constituted due to a failure on Kitchen Oasis's part to exercise or enforce any of the rights or provisions outlined within these Terms of Service. Should either party fail to exercise, in any respect, any right provided herein, no waiver shall be provided.
- Section titles within the Terms of Service are listed for convenience purposes only. These titles bear no contractual or legal effect of any sort.
Contacting Us
To report a Terms of Service violation or to ask a question about the Terms of Service, please contact our legal department.