Terms & Conditions

Buyers

CULINARYLOCAL PURCHASE TERMS, CONDITIONS, AND POLICIES

 Ticket purchaser agrees to all of the following terms and policies:
1. Acceptance of Terms

1.1 Overview – The following terms and conditions (this “TOS”) govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the CulinaryLocal websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by CulinaryLocal LLC (“CULINARYLOCAL”) in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by CULINARYLOCAL. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by CULINARYLOCAL. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY CULINARYLOCAL. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification – CULINARYLOCAL reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

1.3 CULINARYLOCAL is not affiliated with any event organizers or others providing services or events (“Organizer”) for which tickets are purchased. CULINARYLOCAL is solely acting as a ticketing service provider between Organizer and ticket purchaser for specific events. CULINARYLOCAL assumes no liability incidental to the event for which tickets are sold or purchased. Ticket purchaser assumes all risks associated with attendance of events.

2. Refunds, Cancellations

2.1 Canceled/Rescheduled Events – Organizers or others outside the control of CULINARYLOCAL may cancel or reschedule events. It is at the Organizer’s discretion whether to refund the ticket price or exchange the tickets for a similarly equivalent event should a cancellation or rescheduling occur. CULINARYLOCAL provides instructions on its website on how to obtain ticket price refunds, should an event be cancelled or rescheduled. Service charges will not be refunded in the event of a canceled or rescheduled event.

2.2 Refunds – It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer.  All communications or disputes regarding refunds are between the Organizer and Buyer and CULINARYLOCAL will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and CULINARYLOCAL will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.

3. Pricing, Availability and Seating

3.1 Event ticket prices are set by the event Organizer, not CULINARYLOCAL. For most ticket sales in the United States and for events with ticket sales in U.S. Dollars, the CULINARYLOCAL service fee is $2.00/ticket. There may be certain events for which CULINARYLOCAL service fees will be higher, and/or times when a separate venue fee may be added by the event organizer or the venue.

3.2 The number of tickets sold for an event is set by the event Organizer, not CULINARYLOCAL. CULINARYLOCAL will not be held liable for ticket over sales. Should tickets be oversold by the Organizer, the Organizer has discretion as to the method of refund, including but not limited to event price refund, or ticket exchange for a similarly equivalent event.

4. Privacy Policy

There may be events for which the event Organizer requires the personal information of the ticket purchaser. For other events, the Organizer may give the option to ticket purchaser at the time of ticket purchase to provide the ticket purchaser name and contact information, including mailing address, email address, and telephone number, to event Organizer. Once ticket purchaser opts to provide name and contact information to Organizer, or purchases tickets to which an event Organizer requires the personal information of the ticket purchaser, CULINARYLOCAL is not responsible for Organizer’s use of such information. Should ticket purchaser opt NOT to provide contact information, ticket purchaser understands and agrees that only ticket purchaser’s name and city and state of residence will be passed to Organizer.

5. Order Cancellation – CULINARYLOCAL reserves the right to cancel ticket orders for any reason, not limited to incorrect billing information and/or fraudulent ticket purchasing.

6. Resale of Tickets – Tickets purchased through CULINARYLOCAL are for individual use only and not for resale. Resale will automatically void tickets, barring refunds, exchanges, and entry into event.
5. Your Registration Obligations

To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CULINARYLOCAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CULINARYLOCAL has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). CULINARYLOCAL is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

5.1 Account, Password & Security – As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify CULINARYLOCAL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CULINARYLOCAL cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that CULINARYLOCAL shall be the sole arbiter of such dispute in its sole discretion and that CULINARYLOCAL’S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

5.2 Site Content – You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by CULINARYLOCAL in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. CULINARYLOCAL may own the Site Content or portions of the Site Content may be made available to CULINARYLOCAL through arrangements with third parties. Except as expressly authorized by CULINARYLOCAL in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of CULINARYLOCAL. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

5.3 Your Content – You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to CULINARYLOCAL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. CULINARYLOCAL reserves the right to remove any of Your Content from the Site at any time if CULINARYLOCAL believes in its sole discretion that it does not comply with this TOS. In addition, you agree that CULINARYLOCAL may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of CULINARYLOCAL both on the Site and in marketing and promotional materials.

5.4 DMCA – The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/dmca.pdf for details). Notices and counter notices with respect to the Services should be sent to support@culinarylocal.com. It is CULINARYLOCAL’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

5.5 Procedure for Reporting Copyright Infringements – If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to support@culinarylocal.com. Please include:  A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CULINARYLOCAL is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

A. Once Proper Bona Fide Infringement Notification is received, it is CULINARYLOCAL’s policy: To remove or disable access to the infringing material; To notify the content provider, member or user that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that CULINARYLOCAL will terminate such content provider’s, member’s or user’s access to the Services.

B. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information support@culinarylocal.com and include: A physical or electronic signature of the content provider, member or user; 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 disabled; A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which CULINARYLOCAL is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received, CULINARYLOCAL may send a copy of the counter-notice to the original complaining party informing that person that CULINARYLOCAL may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at CULINARYLOCAL’s discretion.

6. Certain Restrictions

Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers and other non-Organizers. You agree not to use the Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes. impersonate any person or entity, including, but not limited to, an CULINARYLOCAL representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by CULINARYLOCAL interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; stalk or otherwise harass any person or entity.

6.1 Certain Remedial Rights – Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that CULINARYLOCAL does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that CULINARYLOCAL and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that CULINARYLOCAL may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of CULINARYLOCAL, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Indemnity

You agree to defend, indemnify and hold CULINARYLOCAL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. CULINARYLOCAL shall provide notice to you of any such Claim, provided that the failure or delay by CULINARYLOCAL in providing such notice shall not limit your obligations hereunder. CULINARYLOCAL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting CULINARYLOCAL’s defense of such matter.

8. Service Modifications/Suspension

CULINARYLOCAL reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that CULINARYLOCAL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

9. Termination

CULINARYLOCAL, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due CULINARYLOCAL, or if CULINARYLOCAL believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that CULINARYLOCAL may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that CULINARYLOCAL shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

10. Links

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because CULINARYLOCAL has no control over such websites and resources, you acknowledge and agree that CULINARYLOCAL is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that CULINARYLOCAL shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

11. DISCLAIMER OF WARRANTIES – THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CULINARYLOCAL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CULINARYLOCAL MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CULINARYLOCAL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND CULINARYLOCAL WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT CULINARYLOCAL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to CULINARYLOCAL. CULINARYLOCAL, in its sole discretion, may investigate the claim and take necessary action.

12. LIMITATION OF LIABILITY – CULINARYLOCAL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CULINARYLOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND CULINARYLOCAL’S REASONABLE CONTROL. CULINARYLOCAL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, CULINARYLOCAL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND CULINARYLOCAL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. RELEASE – IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE CULINARYLOCAL, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. Privacy – All information provided by you or collected by CULINARYLOCAL in connection with the Services is governed by CULINARYLOCAL’s Privacy Policy, which is hereby incorporated by reference into this TOS. CULINARYLOCAL strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. CULINARYLOCAL shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. CULINARYLOCAL does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

15. Trademark Information – The trademarks, service marks, and logos of CULINARYLOCAL (the “CULINARYLOCAL Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of CULINARYLOCAL. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with CULINARYLOCAL Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of CULINARYLOCAL specific for each such use. The Trademarks may not be used to disparage CULINARYLOCAL, any third party or CULINARYLOCAL’s or third party’s products or services, or in any manner (in CULINARYLOCAL’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless CULINARYLOCAL approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any CULINARYLOCAL Trademark shall inure to CULINARYLOCAL’s benefit.

16. Waiver; Invalid Provisions – The failure or delay of CULINARYLOCAL to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

17. Time to File Claim – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

18. Titles – The section titles in this TOS are for convenience only and have no legal or contractual effect.
21. Disputes – Any dispute brought by the ticket purchaser against CULINARYLOCAL will be governed by the State of Georgia. It is agreed that in the event any legal action is instituted against CULINARYLOCAL, ticket purchaser agrees that jurisdiction and venue will be Atlanta Georgia, United States, or if appropriate, a federal court located in Georgia.

Organizers

CULINARYLOCAL EVENT TICKET SELLER/ORGANIZER TERMS OF USE AND AGREEMENT 

Event Organizer and/or ticket seller agrees to all of the following CULINARYLOCAL terms and policies:

1. Acceptance of Terms

1.1 Overview – The following terms and conditions (this “TOS”) govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the CulinaryLocal websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by CulinaryLocal LLC (“CULINARYLOCAL”) in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by CULINARYLOCAL. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by CULINARYLOCAL. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY CULINARYLOCAL. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification – CULINARYLOCAL reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

2. Organizer – Event Organizer, promoter, ticket seller, venue representatives, or other authorized agents providing services or events for which tickets are sold are hereinafter referred to as “Organizer”. Organizers using CULINARYLOCAL ticket selling services agree and understand these terms are a legal, binding, and enforceable agreement. Organizer agrees they are authorized to sell tickets for events or services. Fraudulent representation by a Organizer, or of event(s), is a criminal offense, which voids this agreement and allows CULINARYLOCAL to fully refund tickets to ticket purchasers. CULINARYLOCAL will assist law enforcement in prosecuting any fraudulent use of CULINARYLOCAL ticket sales services, and will legally seek any and all compensation for damages due to fraudulent representation.

2. CULINARYLOCAL is an independent company providing ticketing services for event Organizers and venues. CULINARYLOCAL is not affiliated with any event Organizers or others providing services or events for which tickets are purchased. CULINARYLOCAL is solely acting as an intermediary between Organizer and ticket purchaser for specific events. CULINARYLOCAL assumes no liability incidental to the event for which tickets are sold or purchased.

3. Scope of Agreement and Amendments – This agreement is limited to the individual event for which Organizer is using CULINARYLOCAL ticket sales services (with exception to terms in section 11 of this Agreement “Event Cancellation”, if it applies). CULINARYLOCAL reserves the right to change or modify the Organizer terms of use and agreement at any time for subsequent events.

4. Amendments – CULINARYLOCAL reserves the right to amend this agreement at any time.

5. Event Promotion and Advertising – This Agreement does not obligate CULINARYLOCAL to promote or advertise the event for which tickets are sold. Organizer acknowledges and understands it is Organizer’s sole responsibility to promote and/or advertise the event.
6. Ticket Pricing – CULINARYLOCAL provides Organizer with ticket sales services with no initial fees or startup charges. For tickets that are sold through the website, CULINARYLOCAL charges a 7% fee based on the ticket sale price. Ticket pricing is solely determined by Organizer. Organizer is exclusively responsible for all city, municipal, county, district, state and federal taxes.

4. Ticket Purchaser Fees – Ticket purchasers will pay a service fee of US $2.00/ticket.

5. Ticket Availability and Over Sale Charges – Organizer is solely responsible for setting the number of tickets available for purchase for each event. Organizer agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If over sales of tickets occur, Organizer agrees the full ticket price, plus any and all CULINARYLOCAL services fees, will be refunded to ticket purchasers holding unused tickets. Organizer further agrees that Organizer will pay CULINARYLOCAL for the full ticket price and refunded service fees for tickets that are refunded due to over sale, and that said totals will be deducted from the total face value event ticket sale amount to be paid to Organizer. CULINARYLOCAL reserves the right to withhold payment to Organizers for up to 90 days after an event ends for events where tickets were over sold in order to provide refunds as necessary.

6. Event Cancellation – Organizer agrees to notify CULINARYLOCAL immediately after the decision to cancel an event is made. CULINARYLOCAL reserves the right to issue refunds to ticket purchasers for the funds paid to CULINCARYLOCAL including service fees for the canceled event. Organizer agrees that if an event is canceled and full refunds are issued to ticket buyers, Organizer will pay CULINARYLOCAL for any and all service fees originally charged to the ticket buyer, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets.

7. Rescheduled Events – Organizer agrees refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser’s request. Should a ticket purchaser request a refund due to a rescheduled event, Organizer agrees to pay CULINARYLOCAL for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.

13. Change of Event Venue or Change of Event – Should the listed event venue change for any reason, Organizer agrees that refunds will be given to ticket purchasers at the ticket purchaser’s request. Additionally, should there be a change in the event, Organizer agrees that refunds will be given to ticket purchasers at ticket purchaser request. Should a ticket purchaser request a refund due to an event venue change or event change, Organizer agrees to pay CULINARYLOCAL for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card chargeback fees related to refunding tickets due to a change in the event venue or the change in the event.

14. Refunds – It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and CULINARYLOCAL will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and CULINARYLOCAL will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.

8. Account Settlement

a. Ticket Sales Processed by CULINARYLOCAL

CULINARYLOCAL uses PayPal as their payment processor to handle credit card purchases and payment distributions to organizers. Organizers assume all responsibility for credit card processing charges and fees, as determined by their arrangement with PayPal.


At times, ticket purchasers may believe they purchased tickets for an event, but the order was not processed or there was an error. CULINARYLOCAL will provide Organizer with a Discrepancy Form to give to such ticket purchasers who arrive at the scheduled event and their names are not on the will call list. The information on the Discrepancy Form will allow CULINARYLOCAL to research and follow-up on whether said ticket purchasers already paid for event tickets. If the tickets were already paid for, the information on the discrepancy form will be destroyed. If the tickets were not already paid for, CULINARYLOCAL will use the information to charge the ticket purchaser for attendance at the event. It is Organizer’s responsibility to ensure the Discrepancy Form is filled out accurately. Any inaccuracies may result in non-payment to Organizer of said will call ticket purchaser’s ticket.
9. Your Registration Obligations – To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CULINARYLOCAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CULINARYLOCAL has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). CULINARYLOCAL is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

10 Account, Password & Security – As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify CULINARYLOCAL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CULINARYLOCAL cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that CULINARYLOCAL shall be the sole arbiter of such dispute in its sole discretion and that CULINARYLOCAL’S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

10.1 Site Content – You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by CULINARYLOCAL in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. CULINARYLOCAL may own the Site Content or portions of the Site Content may be made available to CULINARYLOCAL through arrangements with third parties. Except as expressly authorized by CULINARYLOCAL in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of CULINARYLOCAL. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

10.2 Your Content – You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to CULINARYLOCAL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. CULINARYLOCAL reserves the right to remove any of Your Content from the Site at any time if CULINARYLOCAL believes in its sole discretion that it does not comply with this TOS. In addition, you agree that CULINARYLOCAL may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of CULINARYLOCAL both on the Site and in marketing and promotional materials.

11. Ownership of Intellectual Property – Organizer agrees not to post material that Organizer does not have an ownership right of patent, copyright, and/or other intellectual property right to. CULINARYLOCAL reserves the right to remove any content from an event page or custom Organizer page that may infringe on the intellectual property rights of a third party.

12 DMCA – The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/dmca.pdf for details). Notices and counter notices with respect to the Services should be sent to support@culinarylocal.com. It is CULINARYLOCAL’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

13 Procedure for Reporting Copyright Infringements – If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to support@culinarylocal.com. Please include:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CULINARYLOCAL is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

A. Once Proper Bona Fide Infringement Notification is received, it is CULINARYLOCAL’s policy: To remove or disable access to the infringing material; To notify the content provider, member or user that it has removed or disabled access to the material; and That repeat offenders will have the infringing material removed from the system and that CULINARYLOCAL will terminate such content provider’s, member’s or user’s access to the Services.

B. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information support@culinarylocal.com and include: A physical or electronic signature of the content provider, member or user; 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 disabled; A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which CULINARYLOCAL is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received, CULINARYLOCAL may send a copy of the counter-notice to the original complaining party informing that person that CULINARYLOCAL may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at CULINARYLOCAL’s discretion.

14. Certain Restrictions – Whether you are using the Services as a Buyer or Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services. You agree not to use the Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes. impersonate any person or entity, including, but not limited to, an CULINARYLOCAL representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by CULINARYLOCAL interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; stalk or otherwise harass any person or entity.

14.1 Certain Remedial Rights – Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that CULINARYLOCAL does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that CULINARYLOCAL and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that CULINARYLOCAL may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of CULINARYLOCAL, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

15. Indemnity – You agree to defend, indemnify and hold CULINARYLOCAL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. CULINARYLOCAL shall provide notice to you of any such Claim, provided that the failure or delay by CULINARYLOCAL in providing such notice shall not limit your obligations hereunder. CULINARYLOCAL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting CULINARYLOCAL’s defense of such matter.

16. Service Modifications/Suspension – CULINARYLOCAL reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that CULINARYLOCAL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

17. Termination – CULINARYLOCAL, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due CULINARYLOCAL, or if CULINARYLOCAL believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that CULINARYLOCAL may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that CULINARYLOCAL shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

18. Links – The Services may provide, or third parties may provide, links to other Internet websites or resources. Because CULINARYLOCAL has no control over such websites and resources, you acknowledge and agree that CULINARYLOCAL is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that CULINARYLOCAL shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

19. DISCLAIMER OF WARRANTIES – THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CULINARYLOCAL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CULINARYLOCAL MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. CULINARYLOCAL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND CULINARYLOCAL WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT CULINARYLOCAL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to CULINARYLOCAL. CULINARYLOCAL, in its sole discretion, may investigate the claim and take necessary action.

20. LIMITATION OF LIABILITY – CULINARYLOCAL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CULINARYLOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND CULINARYLOCAL’S REASONABLE CONTROL. CULINARYLOCAL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, CULINARYLOCAL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND CULINARYLOCAL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

21. RELEASE – IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE CULINARYLOCAL, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

22. Privacy – All information provided by you or collected by CULINARYLOCAL in connection with the Services is governed by CULINARYLOCAL’s Privacy Policy, which is hereby incorporated by reference into this TOS. CULINARYLOCAL strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. CULINARYLOCAL shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. CULINARYLOCAL does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

23. Trademark Information – The trademarks, service marks, and logos of CULINARYLOCAL (the “CULINARYLOCAL Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of CULINARYLOCAL. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with CULINARYLOCAL Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of CULINARYLOCAL specific for each such use. The Trademarks may not be used to disparage CULINARYLOCAL, any third party or CULINARYLOCAL’s or third party’s products or services, or in any manner (in CULINARYLOCAL’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless CULINARYLOCAL approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any CULINARYLOCAL Trademark shall inure to CULINARYLOCAL’s benefit.

24. Waiver; Invalid Provisions – The failure or delay of CULINARYLOCAL to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

25. Disputes – If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.

23.1 Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by meditation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Atlanta, Georgia, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of Georgia in the United States.

26. Time to File Claim – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

27. Titles – The section titles in this TOS are for convenience only and have no legal or contractual effect.

28. Disputes – Any dispute brought by the ticket purchaser against CULINARYLOCAL will be governed by the State of Georgia. It is agreed that in the event any legal action is instituted against CULINARYLOCAL, ticket purchaser agrees that jurisdiction and venue will be Atlanta Georgia, United States, or if appropriate, a federal court located in Georgia.

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