Last updated on April 19, 2015
This page describes the terms and conditions that govern your use of certain Baba’s Cooking School products, including eatsplace.com and mobile applications, offered by Baba’s Cooking School LLC d/b/a EatsPlace (“Babas”, “us” or “we”).
1. RULES AND DEFINITIONS
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content without notice or liability. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Baba’s Cooking School LLC t/a EatsPlace or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Babas or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned by or licensed to Babas. Babas will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising from such Content.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, APPLICATIONS AND MORE
3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
You agree that through use of the Site, you will not threaten or verbally abuse others, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
You agree not to use language on the Site that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Babas, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Babas and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant Babas a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Babas or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by Babas, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while Babas does not and cannot review every Submission and is not responsible for the content of the Submissions, Babas reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. We are not responsible for the availability of these outside resources, or their contents, and you should direct any concerns regarding any external link to the site administrator of such site.
5. REPRESENTATIONS AND WARRANTIES
5.2 Babas does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
6.2 Please notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 13 years or older to subscribe to all parts of the Services.
6.4 You are responsible for all usage or activity on your eatsplace.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
7. COMMUNICATIONS BETWEEN BABAS AND USERS
7.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
7.2 Babas reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
7.3 Baba’s reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information about you only if you indicate your acceptance.
7.4 Baba’s may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Baba’simes.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10.2 Dispute Resolution; Binding Arbitration
If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: Babas Cooking School, LLC, ATTN: Legal Department, 3607 Georgia Ave NW, Washington DC 20010. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.