LAST CHANGES TO VISITOR AGREEMENT: 2/2/2022
Welcome to Food Network Kitchen, one of the family of informational, educational and entertainment-oriented applications and websites brought to you by Discovery Digital Ventures, LLC, an affiliate of Discovery Communications, LLC and its subsidiaries and affiliates ("Discovery"). Please read this Visitor Agreement; by using this website, you accept its terms.
This is a legal agreement between you ("you" or "user") and Discovery that states the material terms and conditions that govern your use of Food Network Kitchen. This agreement, together with all updates, supplements, additional terms, and all of Discovery's rules and policies collectively constitute this "Agreement" between you and Discovery. BY ACCESSING FOOD NETWORK KITCHEN, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE VISITOR AGREEMENT AS STATED HEREIN, PLEASE DO NOT USE FOOD NETWORK KITCHEN AND DELETE ANY ASSOCIATED APPLICATIONS FROM YOUR DEVICE.
This Visitor Agreement applies to all of the websites and applications associated with the Food Network Kitchen offerings as well as all Food Network Kitchen e-mail newsletters published or distributed by or on behalf of Discovery and any other interactive features, video or platforms associated with the Food Network Kitchen offerings. Those outlets are referred to collectively in this Visitor Agreement as "Food Network Kitchen." Please note that this Visitor Agreement does not, however, apply to all "Food Network" branded offerings, which may be distributed via cable networks, through "over the top" devices, or on or through the Internet. In the event those offerings link to different terms and conditions, those terms and conditions will apply. As described below, you may be able to access and view some materials for free and without registering for an account, but certain features may only be available if you (a) register for an account and sign in to the associated service; or (b) if you subscribe to the service and pay the associated subscription fee. Additional terms and conditions may apply to some services offered on Food Network Kitchen. Such terms and conditions may be found at the place where the relevant service is offered. Some features may not be available on all devices. Please visit the Frequently Asked Questions to see the full list of supported devices and operating system requirements and any other device restrictions that may apply. You are responsible for all internet access, mobile data or other charges incurred when using Food Network Kitchen. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
Please read this Visitor Agreement carefully. It contains important information regarding your legal rights including mandatory arbitration, no class relief, and waiver of your right to a jury trial. Please take a few minutes to review the section Dispute Resolution
We may change the terms of this Visitor Agreement from time to time to accommodate changes in the marketplace. By continuing to use any of the Food Network Kitchen offerings on Food Network Kitchen after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue Food Network Kitchen, or any portion of Food Network Kitchen, at any time. YOUR CONTINUED USE OF FOOD NETWORK KITCHEN FOLLOWING THE POSTING OF CHANGES TO THIS VISITOR AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR VISITOR AGREEMENT WILL APPLY RETROACTIVELY.
Discovery respects the privacy of our users. Please take a few minutes to review our Privacy Notice.
If you disagree with any material you find on Food Network Kitchen, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at firstname.lastname@example.org.
The material that appears on Food Network Kitchen is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on Food Network Kitchen, you should confirm any facts that are important to your decision. Discovery and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on Food Network Kitchen. Discovery is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Discovery or its licensors.
The following paragraph applies to any version of Food Network Kitchen or related services that you acquire from the Apple App Store. This Visitor Agreement is entered into between You and Discovery. Apple, Inc. ("Apple") is not a party to this Visitor Agreement and shall have no obligations with respect to Food Network Kitchen. Discovery, not Apple, is solely responsible for Food Network Kitchen and the content thereof as set forth hereunder. However, Apple and Apple's subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Visitor Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. This Visitor Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Visitor Agreement, the terms of this Visitor Agreement shall control.
ACCESS TO THE SERVICE
By accessing, using or installing Food Network Kitchen, you will be able to access and view content, which may include videos, music, games, graphics, text, images and photographs ("Food Network Kitchen Content"), on the terms and conditions set out in this Visitor Agreement.
You may be able to access and view some Food Network Kitchen Content for free, but some Food Network Kitchen Content may only be available to you if you: (a) register a Food Network Kitchen account ("Food Network Kitchen Account"); or purchase a Food Network Kitchen subscription ("Food Network Kitchen Subscription").
Further details of the current Food Network Kitchen Subscriptions on offer can be found within Food Network Kitchen. If you purchase a Food Network Kitchen Subscription from us, you can view details about your Food Network Kitchen Subscription, including the price, by accessing your Profile in Food Network Kitchen. If your Food Network Kitchen Subscription auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your Food Network Kitchen Subscription from auto-renewing.
When you sign up for a Food Network Kitchen Account or purchase a Food Network Kitchen Subscription you are responsible for all access to and use of Food Network Kitchen through your account. You are also responsible for your Food Network Kitchen Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username.
FREE PERIOD OF ACCESS
Your Food Network Kitchen Subscription may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber) unless we tell you otherwise and are subject to availability. The specific duration of the free period of access will be specified at the point of sign-up. You will be charged at the end of your free period of access, unless you cancel your Food Network Kitchen Submission before the expiry of the free period of access. Please note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.
Discovery and its affiliates or business partners may make available codes or other promotional offers which: (a) grant access to Food Network Kitchen Content normally only available via a Food Network Kitchen Subscription without requiring you to pay for such access; or (b) give a discount on a Food Network Kitchen Subscription or other paid offerings in Food Network Kitchen ("Promotional Offers").
Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by Discovery, its affiliates or one of our business partners. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subject to availability. Where a Promotional Offer is combined with a free period of access, restrictions may apply. Where a Promotional Offer is provided by a business partner, that other party may also have additional terms and conditions which apply. Discovery is not responsible for the products and services provided by such third parties. Eligibility for Promotional Offers is determined by Discovery and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that you are not eligible.
By purchasing or using a Food Network Kitchen gift certificate, gift card, or electronic gift code (“Gift Code”) issued by Discovery, you agree that Gift Codes are not refundable (whether for cash or otherwise) and cannot be redeemed for cash, except to the extent required by applicable law. Gift Codes cannot be used to purchase other Gift Codes, and cannot be reloaded, resold, or transferred for value. For combinations with other offers, restrictions may apply. Gift Codes do not expire and are not subject to any transaction or dormancy fees. We reserve the right to refuse to issue or to cancel a Gift Code if we suspect any attempt to obtain one, or if we suspect that it has been obtained or used unlawfully, fraudulently, or otherwise in violation of these terms or this Visitor Agreement. If Discovery terminates a Gift Code without cause, Discovery will refund or issue Discovery credits equal to the balance held in any Gift Code less any amounts that you may owe us. Discovery reserves the right to correct the balance associated with any Gift Codes if Discovery believes that a clerical, billing, or account error occurred.
Title to the Gift Codes and the risk of loss, destruction, or deterioration pass to the purchase upon purchase. Discovery is not responsible for any Gift Codes that are lost, stolen, destroyed, or used without your permission and Discovery will not replace any such Git Codes. IN THE EVENT A VALIDLY OBTAINED GIFT CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CODE. WE ACCEPT NO SUCH LIABILITY OR RESPONSIBILITY FOR CODES OBTAINED UNLAWFULLY, FRAUDULENTLY, OR OTHERWISE IN VIOLATION OF THESE GIFT CODE TERMS.
If a charge applies to your Food Network Kitchen Subscription, you will be charged for it using the payment method provided when you first subscribe. If your Food Network Kitchen Subscription automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your Food Network Kitchen Subscription at the same price (unless we have notified you of a price change as described below). Usually the first payment will be taken on the day you subscribe or, if you have a free period of access, the day after your free period of access ends. If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period.
To view your billing information or to change your payment method, go to your Profile in Food Network Kitchen (unless you're paying via a third party or through another service, for example via one of our partners, in which case see "Third Party Platforms and Services" below).
If a payment is not successfully settled, because your payment method has expired, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your Food Network Kitchen Subscription, we may suspend your access to your Food Network Kitchen Subscription and/or your Food Network Kitchen Account until we (or the relevant third party) have obtained a valid payment method. When you update your payment method in your Profile, you authorize us to charge the updated payment method for your Food Network Kitchen Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
We reserve the right to change the date we charge you if your payment method has not been successfully authorized or if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th.
We use other companies (including other companies in the same group as Discovery), agents or contractors to process credit card transactions or other payment methods. For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. You will be solely responsible for any such taxes and charges which may apply. Check with your payment provider for details.
If you subscribe to a Food Network Kitchen Subscription which starts with a free period of access, or if you use a Promotional Offer which requires you to provide your payment details, a payment may be authorized by your bank when your free period of access or Promotional Offer begins but no payment will be taken by us for this free period of access or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.
Certain types of Food Network Kitchen Subscriptions automatically renew unless you cancel your subscription before your next renewal date. If you purchase a Food Network Kitchen Subscription through us, we will let you know, at the point of sign-up, if your type of Food Network Kitchen Subscription will automatically renew. If you have a Food Network Kitchen Subscription which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your Food Network Kitchen Subscription will automatically renew. If your Food Network Kitchen Subscription automatically renews, you will be charged the total subscription fee at the same price (unless we have notified you of a price change, in accordance with "Price Changes" below) due for the next subscription period.
We may change the price of your Food Network Kitchen Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Food Network Kitchen Subscription through one of our third party partners, price changes will be subject to that third party's terms and conditions.
If we notify you of a price change and you do not want to continue your Food Network Kitchen Subscription at the new subscription price, you can cancel your Food Network Kitchen Subscription either: (i) before the start of the next subscription period by following the steps in "Cancellation" below; or (ii) at any time before the price change becomes effective by providing us with notice at email@example.com.
We will always try to make sure the price of your Food Network Kitchen Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Food Network Kitchen Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for but not yet received.
You can cancel your Food Network Kitchen Subscription before the end of the current subscription period (or free period of access) and, unless we tell you otherwise, the cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your Food Network Kitchen Subscription until the end of the current subscription period (or free period of access), unless we tell you otherwise.
To manage your Food Network Kitchen Subscription, click on the Profile area in Food Network Kitchen. If you signed up for a Food Network Kitchen Subscription through a third party (for example via one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party and turn off auto-renew for Food Network Kitchen.
REFUNDS AND CREDITS
Without affecting your applicable statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.
If you signed up for a Food Network Kitchen Subscription through a third party (for example, an app-store or via one of our partners) and encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your Food Network Kitchen Subscription in accordance with that third party's terms. For any other issues relating to your Food Network Kitchen Subscription, you can contact us at firstname.lastname@example.org.
THIRD PARTY PLATFORMS AND SERVICES
If you access Food Network Kitchen or purchase a Food Network Kitchen Subscription through a third party (for example, via a bundle of services provided by one of our third party partners) or another product or service sold by that third party, your payment will be to that third party or to that other product or service and you will be subject to that third party's terms or to that other product or services' terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party's terms and conditions or in the terms and conditions of the other product or service. You must comply with those terms and conditions and also with this Visitor Agreement. In the event of any inconsistency between this Visitor Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Visitor Agreement. If you are paying for a Food Network Kitchen Subscription via a third party or via another product or service sold by that third party and you wish to change your payment method, you will need to do so through that third party or the other product or service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Discovery's Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement: Leah Montesano, Legal, Discovery Communications, LLC, 8403 Colesville Road, Silver Spring, MD 20910; 240.662.0000 (telephone); or DMCA_notices@discovery.com.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
Discovery wants to encourage an open exchange of information and ideas on and through designated parts of Food Network Kitchen. But we cannot and do not review every posting made on Food Network Kitchen's community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Discovery. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on Discovery's community and social media sites, or in chat rooms, forums, blogs and other public posting areas on Food Network Kitchen lies with each user – you alone are responsible for material you post. Discovery does not control the messages, information or other content that you or others may provide through Food Network Kitchen. You may use Food Network Kitchen for lawful purposes only.
By using Food Network Kitchen, you agree not to submit, post or transmit on or through Food Network Kitchen any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to Food Network Kitchen, or any account, computer system, or network connected to Food Network Kitchen, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of Food Network Kitchen.
- Impersonates any person, business or entity, including Discovery and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Discovery;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of Food Network Kitchen that may require registration;
- Results in a single message being posted to any area of Food Network Kitchen if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
- Violates this Visitor Agreement, guidelines or any policy posted on the Food Network Kitchen, or interferes with the use of the Food Network Kitchen by others.
Although Discovery cannot monitor all content on Food Network Kitchen's community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Discovery shall have the right, but not the obligation, to monitor the content of Food Network Kitchen to determine compliance with this Visitor Agreement and any other operating rules that may be established by Discovery from time to time. Discovery shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on Food Network Kitchen for any reason, including violation of this Visitor's Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their material. You acknowledge and agree that neither Discovery nor any of its affiliates shall assume or have any liability for any action or inaction by Discovery with respect to any conduct within Food Network Kitchen or any communication or posting on Food Network Kitchen. Discovery also reserves the right to disclose any information that Discovery believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
Discovery requires you not to use Food Network Kitchen to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to Food Network Kitchen, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any material posted on Discovery's community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Discovery and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Discovery's community and social media sites, you are granting to Discovery, and to anyone authorized by Discovery, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Discovery's community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Discovery, and anyone authorized by Discovery, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Discovery deems appropriate.
The materials available through Food Network Kitchen are the property of Discovery or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to play, display and print for your personal, non-commercial use information you receive through Food Network Kitchen and otherwise use Food Network Kitchen for the purposes intended. But you may not otherwise modify or reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on Food Network Kitchen in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on Food Network Kitchen and to tell them how to find it. You will not remove any copyright, trademark or other proprietary notices from material found on Food Network Kitchen.
You agree not to use the Food Network Kitchen to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval, nor to state or imply any sponsorship or endorsement by Discovery.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
We do not want anyone to be confused as to which materials and services are provided by Discovery and which are not. You may not use any trademark or service mark appearing on Food Network Kitchen without the prior written consent of the owner of the mark.
You must be at least 13 years old to use Food Network Kitchen. However, you must be at least 18 years old to register on Food Network Kitchen. By registering on Food Network Kitchen, you warrant that you are at least 18 years old. Please do not use Food Network Kitchen if you are not at least 13 years old.
ELIGIBILITY TO SUBSCRIBE TO SERVICES
Food Network Kitchen is intended for use only in the United States ("Territory"). Discovery makes no promise that any or all of the services available on Food Network Kitchen are appropriate or available for use in locations outside the United States, and accessing Food Network Kitchen from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity. If you choose to access Food Network Kitchen from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to services you subscribe to through Food Network Kitchen. Discovery makes no representation or warranty that all of the services will be available in any or all territories at any time.
USER ACCOUNT INFORMATION AND SECURITY
You agree that the information you supply during the registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Discovery considers to be offensive. Discovery reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Discovery immediately. Discovery reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Discovery if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting customer service at email@example.com. Click here to view our Privacy Notice.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make Food Network Kitchen interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of Food Network Kitchen.
YOU AGREE THAT YOUR USE OF FOOD NETWORK KITCHEN IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH FOOD NETWORK KITCHEN, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH FOOD NETWORK KITCHEN, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH FOOD NETWORK KITCHEN.
FOOD NETWORK KITCHEN IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE FOOD NETWORK KITCHEN, DISCOVERY AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH FOOD NETWORK KITCHEN, NOR DO THEY GUARANTEE THAT FOOD NETWORK KITCHEN WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT FOOD NETWORK KITCHEN WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL FOOD NETWORK KITCHEN, DISCOVERY OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF FOOD NETWORK KITCHEN, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FOOD NETWORK KITCHEN, DISCOVERY AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF FOOD NETWORK KITCHEN, DISCOVERY AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO FOOD NETWORK KITCHEN WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY FOR THE USE OF FOOD NETWORK KITCHEN.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Discovery agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with Food Network Kitchen, (ii) any purchases or other transactions or relationships with Discovery, or (iii) any data or information you may provide to Discovery or that Discovery may gather in connection with such use, interaction or transaction (collectively, "Discovery Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with Food Network Kitchen, or engaging in any other Discovery Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using Food Network Kitchen, you agree that any complaint, dispute, or disagreement you may have against Discovery, and any claim that Discovery may have against you, arising out of, relating to, or connected in any way with this Visitor Agreement, our Privacy Notice, or any Discovery Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Discovery agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled "No Class Relief" and "Interpretation and Enforcement of Arbitration Clause.". Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;
Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Discovery; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Relief. The Arbitration can resolve only your and/or Discovery's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Discovery will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney's Fees. In the event you recover an Award greater than Discovery's last written settlement offer, the Arbitrator shall also have the right to include in the Award Discovery's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but Discovery shall in all events bear its own attorneys' fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of "No Class Relief" above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, "No Class Relief" is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Discovery shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification of Arbitration Clause With Notice. Discovery may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Discovery has given notice of such modifications and only on a prospective basis for claims arising from Discovery Transactions and Relationships occurring after the effective date of such notification; and
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Discovery in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
CHOICE OF LAW
This Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM
By using Food Network Kitchen, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
You agree to indemnify, defend and hold harmless Discovery, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Discovery Site using your account.
In the event that you have a dispute with one or more other users of Food Network Kitchen, you release Discovery (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
As part of Food Network Kitchen, Discovery will offer recipes and information dealing in the preparation of food and Discovery may allow recipe submissions by various sources, including users of Food Network Kitchen. Discovery in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from Food Network Kitchen and prepared are done so "at your own risk". Discovery is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on Food Network Kitchen. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on Food Network Kitchen.