Last updated: April 7, 2017
Users ("you" or "your") must read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the www.theupbeetkitchen.com website and The Up Beet Kitchen, Inc. mobile application (collectively the "Service" or the "Website") operated by The Up Beet Kitchen, Inc. ("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 our Service.
By accessing or using the Service you unconditionally agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service and must exit the Website immediately.
The Site Does Not Provide Medical Advice Whatsoever
The contents of the Website such as text, graphics, images, and other material obtained from us are for informational purposes only. This collective information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have read or obtained on the Website!
If you think you may have a medical emergency, call your doctor or the appropriate emergency service immediately. We do not recommend or endorse any specific tests, physicians, nutritionists, products, procedures, opinions, or other information that may be mentioned on the Website. We do not recommend that anyone rely on any information provided by us, our employees, others appearing on the Website, or other visitors to the Website. If you rely on any information described above it is solely at your own risk.
The Website may contain health or medical-related materials that are sexually explicit. If you find these materials to be offensive, you may not want to use our Service.
By creating an account for our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications by following the unsubscribe link provided in any email we send.
If you wish to purchase products or services made available through the Service you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for any reason including but not limited to: product or service availability, errors in the description or price of the product or service, or errors in your order.
We reserve the right to refuse or cancel your order if fraud, unauthorized, or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours and you have the right to use it and the right to grant us the rights and license to use it as provided in these Terms; and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service who may also use your Content subject to these Terms.
The Up Beet Kitchen, Inc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is either our property or is being used by us with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
These content standards apply to any and all Content and use of our Service. Your Content contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your Content contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising without our express permission;or
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
When you create an account with us, you guarantee that you are at least 18 years of age or older, and that the information you provide us with is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account for the Service.
You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and account information. You agree to accept responsibility for any and all activities or actions that occur under your account whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name, trade name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, obscene, or inherently inappropriate.
By using the Service you acknowledge and agree that we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You may use the Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content standards set out in these Terms;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity including, without limitation, by using email addresses or other alias associated with any of the foregoing;
To engage in any other conduct that restricts or inhibits anyone''s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party''s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
We respect the intellectual property rights of others. It is our policy to respond timely to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.
If you are the owner of copyrighted material, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Admin@TheUpBeetKitchen.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys'' fees) for misrepresentation or bad-faith claims that improperly allege infringement of your copyright has occurred on any Content found on or through the Service.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification of alleged infringement pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright''s interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
Your address, telephone number, and email address;
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; and
A statement made by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner''s behalf.
You can contact our Copyright Agent via email at Admin@TheUpBeetKitchen.com.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of The Up Beet Kitchen, Inc. and our licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website;
Send emails or other communications with certain content, or links to certain content, on this Website; and
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as we provide them and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the following, you must not:
Establish a link from any website that is not owned by you;
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
Link to any part of the Website other than the homepage; or
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.
You acknowledge and agree that we shall not be responsible or liable either directly or indirectly for any damage or loss, actual, consequential or otherwise, caused or alleged to have been 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 urge you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may immediately terminate or suspend your account and bar access to the Service without prior notice or liability under our sole discretion for any reason whatsoever and without limitation, including but not limited to, any breach of the Terms and Conditions.
If you wish to terminate your account, you may do so by simply discontinuing use of the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
You agree to defend, indemnify and hold harmless The Up Beet Kitchen, Inc., its licensees and licensors, its employees, contractors, agents, shareholders, officers, directors, subsidiaries, and assigns 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, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall we or our shareholders, directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, 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.
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.
We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted and secure or be 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 any of your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. If you reside in one of these jurisdictions the limitations described above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the state of Nevada, United States, without regard to its conflict of law provisions. In addition, the state of Nevada is the exclusive jurisdiction where any and all disputes which may arise.
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 The Up Beet Kitchen, Inc. and its users regarding our Service, and supersede and replace any prior agreements that might have existed between The Up Beet Kitchen, Inc and its users regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
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 any of the terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us Admin@TheUpBeetKitchen.com.