Terms and Conditions - Over The Fire Cooking
Last updated: Aug 29th 2022 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.overthefirecooking.com website (the “Service”, the “Site”) operated by Over The Fire Cooking, LLC d/b/a Over The Fire Cooking (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Over The Fire Cooking, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Over The Fire Cooking, LLC. Links To Other Web Sites Our Service may contain links to third party web sites or services that are not owned or controlled by Over The Fire Cooking, LLC Over The Fire Cooking, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Over The Fire Cooking, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. User Submitted Content; Licenses The Service provides users the ability to post and submit User Submitted Content. You expressly acknowledge and agree that once you submit your User Submitted Content for inclusion into the Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Submitted Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT WOLF MARKETING LLC, ARE ENTIRELY RESPONSIBLE FOR ALL USER SUBMITTED CONTENT THAT YOU UPLOAD, POST, SUBMIT, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICE. You retain all copyrights and other intellectual property rights in and to your own User Submitted Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Submitted Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your User Submitted Content, name, likeness, and photograph in connection with any use of the related User Submitted Content permitted by the previous sentence and/or to advertise and promote the Service, Over The Fire Cooking, and our products and services, which may include off-line print materials, such as cookbooks. Over The Fire Cooking, LLC and its licensees may display advertisements other information adjacent to or included with your User Submitted Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. If you submit User Submitted Content to us, each such submission constitutes a representation and warranty to Over The Fire Cooking, LLC that such User Submitted Content is your original creation (or that you otherwise have the right to provide the User Submitted Content), that you have the rights necessary to grant to Over The Fire Cooking, LLC the license to the User Submitted Content as set forth above, and that it and its use by Over The Fire Cooking, LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material. We reserve the right to edit or delete User Submitted Content such as comments for any reason, or to not approve or publish User Submitted Content at our own discretion. Termination We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Indemnification You agree to defend, indemnify and hold harmless Over The Fire Cooking, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms. Limitation Of Liability In no event shall Over The Fire Cooking, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Disclaimer The content on www.overthefirecooking.com is for general information purposes only and does not constitute professional advice. Over The Fire Cooking, LLC tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents. Visitors to www.overthefirecooking.com should not act upon the Site’s content or information without first seeking appropriate professional advice. Over The Fire Cooking, LLC expressly disclaims any and all warranties, expressed or implied, to the extent permitted by law, including but not limited to warranties of satisfactory advice. Over The Fire Cooking, LLC excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services provided on the Site, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise. Reference within the Site to any specific commercial or non-commercial product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favoring by Over The Fire Cooking, LLC. The content published on www.overthefirecooking.com expresses the opinions and views of the authors. References to any products in articles are specific suggestions only and do not necessarily constitute or imply an endorsement. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Over The Fire Cooking, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Digital Millennium Copyright Act Over The Fire Cooking, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: Over The Fire Cooking, LLC ATTN Derek Wolf 8011 Brooks Chapel Rd, Brentwood PO Box 120 Brentwood, TN 37027 overthefirecooking@gmail.com If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright. Governing Law These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such changes are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Nutritional Information Disclosure We occasionally offer nutritional information for recipes contained on this Site. This information is provided as a courtesy and should not be construed as a guarantee by us. This information is a product of online calculators such as myfitnesspal.com. Although we attempt to provide accurate Nutritional Information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective Nutritional Information in any given recipe. To obtain the most accurate representation of the Nutritional Information in a given recipe, you should calculate the Nutritional Information with the actual ingredients used in your recipe. Contact Us If you have any questions about these Terms, please contact us. overthefirecooking@gmail.com