TERMS OF USE
By viewing, using, or otherwise interacting with our website or any items and materials available for purchase or subscription from such website (the “Website” or “Site”), you agree to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site or any of the Site’s materials or content.
We may revise these Terms of Use at any time without notice to you by posting a revised version on the Site. Such revised Terms of Use shall be effective as to all use of the Site (including with respect to existing users) upon posting, and your sole remedy should you disagree with any such revision shall be to cease to use the Site and any items, content and/or sessions accessed or purchased through the Site. If you have any questions about these terms of use, please contact us by email.
1. The Site Content.
The Site is owned and operated by What’s Nasreen Cooking LLC (“What’s Nasreen Cooking” or “we” or “us” or a similar designation). All right, title and interest in and to the content displayed, published, downloaded, or otherwise provided on or by the Site, including but not limited to information, documents, videos, sessions, recipes, logos, graphics, sounds, photographs, images, and other content (collectively, the “Content“) are owned by us or by the respective third party authors, developers, or vendors. Except as otherwise expressly permitted by us in writing, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Site shall be construed to confer any license to such effect to any of our intellectual property rights in the Content or the Site, whether by estoppel, course of dealing, or otherwise. Please contact us by email if you have any questions about obtaining a license to use the Content for any purpose other than as expressly permitted by these Terms of Use. We reserve any rights not expressly granted.
You agree that we may, in our sole discretion, without notice of any sort, but have no obligation to: (a) modify from time to time the design and functionality of the Site and all services we offer; (b) edit, modify, or remove certain Content; (c) reasonably edit any submission or posting you or any other user provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the Site or the Content.
2. Written Permission Required to Use Content.
All Content, including, without limitation, photographs, videos and recipes, are created by Nasreen Karim and What’s Nasreen Cooking and are protected by copyright laws. You may not copy, print, republish, redistribute or otherwise reproduce any Content without the prior written permission of Nasreen Karim and/or What’s Nasreen Cooking. The Content cannot be used for commercial purposes by others or be made available to any third parties. If you wish to reproduce any Content or use a recipe, text or photograph, please contact us.
3. Links to Third Party Sites.
The Site may contain links to websites controlled by parties other than What’s Nasreen Cooking (“Third Party Sites”). We are not responsible for the availability of, contents on, charges incurred on, or your other use of, Third Party Sites. We provide links to Third Party Sites solely as a convenience to you, and the inclusion of any link does not imply our endorsement of a Third Party Site. We are not responsible or liable for the accuracy, content or any information presented in Third Party Sites. You bear all risks associated with Third Party Sites, and we are not responsible for any claim, loss or damage relating to or arising out of any Third Party Site or your use thereof.
4. User Activities and Posted Information.
You understand that you are responsible for all content, including, but not limited to, any comments, feedback, and correspondence, that you post, upload, transmit, email or otherwise make available on or through the Site (“User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You may not use the Site except to participate in the activities and sessions expressly authorized by What’s Nasreen Cooking, and for no other purpose. Prohibited activities include, without limitation:
mining for email addresses or other contact information;
sending or posting unsolicited marketing or sales solicitations or spam;
submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, or otherwise inappropriate (in our sole discretion) content;
distributing malicious technologies such as viruses or adware;
perpetrating hoaxes or pyramid schemes;
encouraging unlawful or inappropriate behavior;
posting and/or submitting the intellectual property owned by another without permission;
interfering with another’s use or enjoyment of the Site or Content.
We reserve the right, but disclaim any obligation or responsibility, to remove any comments, postings, or other content you submit that violates this agreement, or for any other reason, in our sole discretion and without notice to you.
5. NO WARRANTY.
THE SITE AND ALL ITS CONTENTS AND THE CONTENT PROVIDED THEREON, INCLUDING WITHOUT LIMITATION ANY INFORMATION AND CONTENTS PROVIDED THROUGH OUR SESSIONS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE SITE, PARTICIPATION IN SITE ACTIVITIES, OR USE OF THE CONTENT IS WITH YOU.
THE CONTENT IS FOR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE ANY LEGAL, TAX, MEDICAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE CONTENT MAY NOT COMPLY WITH LEGAL REQUIREMENTS OR PRECEDENT IN YOUR JURISDICTION. YOU ACCEPT SOLE RESPONSIBILITY TO CONSULT WITH AN ATTORNEY (OR OTHER APPROPRIATE PROFESSIONAL) PRIOR TO USE OF THE CONTENT IN ANY MANNER OTHER THAN STRICTLY FOR INFORMATIONAL PURPOSES.
WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, INCLUDING THE SESSIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, RECOMMENDATIONS, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERETO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL WE, OUR SHAREHOLDERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS OR HEIRS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR CONTENT AVAILABLE FROM THE SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO OUR MAKING THE SITE AND THE CONTENT AVAILABLE TO YOU.
7. Indemnification.
You agree to defend, indemnify and hold harmless Nasreen Karim and What’s Nasreen Cooking LLC, and their respective heirs, assigns, representatives, officers, members, directors, shareholders, employees and agents, from and against any and all third party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your breach of these Terms of Use or (b) your access to or use of the Site, including without limitation the sessions, and the Content.
8. Your Submissions.
We do not want you to submit confidential or proprietary information to us through the Site. All comments, information or material submitted to us, whether through the Site, email or other means, shall be considered non-confidential and may be used by us for any purpose in our sole discretion, without further compensation to you, unless otherwise expressly agreed by us in writing. You acknowledge that such submissions may become publicly available and you waive all moral or personality rights associated therewith.
By submitting any information or materials to us, you hereby assign to us, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. You represent that any materials or information you submit are (a) accurate and not misleading, and (b) owned by you, or licensed by you in a manner sufficient for you to submit the same to us as contemplated in these Terms of Use. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments or other information posted and/or submitted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove any content, comments or other information you submit that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectional or violates any party’s intellectual property or these Terms of Use or any of other policies.
9. Site Usage.
You agree not to use or launch any automated system, including without limitation, “web crawlers,” “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human would produce in the same period by using a conventional web browser. We allow the operators of bona fide public search engines to use web crawlers to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Site source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. We reserve the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
10. Product and Pricing Information.
Although we have made every effort to display information for our products and services as accurately as possible, our products and services are subject to change at any time. Products and services may be discontinued at any time and without notice. We are not responsible for typographical errors regarding price or any other matter. In the event that we need to change or cancel a product or service that you have purchased, you will be notified in accordance with the information you provided at the time you made your purchase. We are not responsible for any incorrect or outdated information you provide to us.
11. Subscriptions.
By signing up for our any of our programs and/or subscriptions (“Subscription”), you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate, this Agreement, as determined in our sole discretion, we have the right to suspend or terminate your subscription and refuse any and all current or future use of the Subscription. Without limitation to the foregoing, we reserve the right to reject any subscription application in our sole discretion. Subscribers must register and provide their credit card information to us in order to activate their subscription or programs. Only major credit cards are eligible for billing for our subscriptions and programs. We reserve the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices.
Upon registration for our monthly newsletter, Inside Nasreen’s Kitchen, we will charge the amount of $1.49, plus any applicable taxes, to the billing method provided by you (your “Payment Method”) on a monthly basis, which provides you access to the Subscription, such as our monthly newsletter delivered to the email account you provide at the time of registration. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with this Agreement, including but not limited to, ensuring that the Subscription is not being used for a commercial purpose.
12. Charges to Your Payment Method
We charge you for your Subscription using the Payment Method you provide at the time of enrollment. By enrolling in the Subscription, you authorize us to charge your Payment Method the monthly subscription fee then in effect for the subscription whether you use the subscription benefits. Your subscription provides you the opportunity to use subscription benefits (e.g. receive the monthly newsletter) and your non-use will not obligate us to provide you with any refund, in whole or part, of your monthly subscription fee. We reserve the right to correct any errors or mistakes that we make, even if we have already requested or received payment, and to update your information from available third-party sources. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
13. Recurring Billing and Cancellation
A. Recurring Billing. By enrolling in the Subscription, you authorize What’s Nasreen Cooking LLC to charge your Payment Method on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or we suspend, ends or otherwise terminates your access to the Subscription, which it may do at any time. You will receive a confirmatory email sent to the email address you provided at the time of enrollment after each monthly charge on your Payment Method. You hereby accept responsibility for all recurring charges made to your Payment Method prior to cancellation or termination. Unless you cancel, your subscription will be automatically extended for successive monthly periods at the then-current subscription rate. If you cancel your monthly subscription, you may use your Subscription benefits until the end of the applicable Billing Cycle and your subscription will not be renewed after that Billing Cycle ends. Your non-termination or continued use of the Subscription reaffirms that What’s Nasreen Cooking LLC is authorized to charge your Payment Method on the recurring basis to which you agreed at enrollment. We may submit those charges for payment, and you will be responsible for such charges. WHAT’S NASREEN COOKING LLC MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WHAT’S NASREEN COOKING LLC REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, PLEASE CONTACT US AT info@whatsnasreencooking.com.
B. Changes or Cancellation. To change or cancel your subscription at any time, click the link provided in subscription related emails and follow the instructions. Your cancellation request must be submitted before the start of the next Billing Cycle. If you cancel your Subscription, you may use your Subscription benefits until the end of the Billing Cycle and your subscription will not be renewed once that Billing Cycle ends. In such event, you will not be entitled to a prorated refund of any unused portion of the monthly subscription fee. If you signed up for the Subscription using your account with a third party as a Payment Method and wish to cancel your Subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Subscription through that third party. If you cancel your subscription but want to re-enroll, you may do so by visiting www.whatsnasreencooking.com
C. Change in Amount Authorized. If the amount to be charged to your Payment Method varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with the issuer of your Payment Method will govern your use of your Payment Method as a payment mechanism. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.\
14. Current Information Required.
YOU MUST PROMPTLY NOTIFY WHAT’S NASREEN COOKING LLC IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT, USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADEBY NOTIFYING US AT INFO@WHATSNASREENCOOKING.COM. IF YOU FAIL TO NOTIFY US OF ANY OF THE FOREGOING, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.
15. Compliance with Laws.
You may not access, download, use or export the Site or Content in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations.
16. Children.
All information and content on this Site are intended for individuals over the age of 18. Children under the age of 18 are prohibited from using this site, and we ask that they do not submit any personal information to us. Children under the age of 18 who participate in a session must be supervised by at least one adult during the session. Occasionally, recipes offered on this Site may include alcohol as an ingredient; this content is intended for those of legal drinking age only (over the age of 21).
17. Governing Law; Venue.
These Terms of Use, and your rights and obligations hereunder or with respect to your use of the Site or the Materials, shall be governed by and interpreted in accordance with the laws of the State of Connecticut, excluding its choice of law rules.
Any legal action relating to these Terms of Use, or the Site or the Content, shall be instituted in a state or federal court in Hartford County, Connecticut, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and each of you and What’s Nasreen Cooking LLC agrees to exclusive personal jurisdiction and venue in Hartford County, Connecticut.
18. Privacy Policy; Other Website Rules.
You agree to the Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, jurisdictional and venue provisions in these Terms of Use shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other policies or rules set forth on the Site are also binding on you and apply to your use of the Site, and your violation thereof shall be deemed a breach of these Terms of Use.