Welcome to www.kitchenparty.org
- This site and all other associated domains (Site) are maintained and operated by KitchenParty International (KitchenParty, we, us), an Italian no-profit corporation located at Via di Pietralata 198/D, Rome, Italy, Post Code 00158; Association Number: 97633670589, email: firstname.lastname@example.org. Certain areas of the Site (and your access to, or use of, certain Services, or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of, or access to, that area of the Site, Services, or Collective Content.
- We may, in their discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Site, the Services, or the Collective Content as above described. By way of example and not limitation, We may, in their discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
- The recitals of this CONTRACT constitute an integral and substantial part of it.
- Key Terms
- “Registered User”: Indicate a legal person, or entity, who has duly registered an account on the Site to use the Services. In the event that Registered User intends to access services and sections only available for Kp Members, he/she will need to agree to the Membership Terms
- “Kp Member”: Registered User who has agreed to the Membership Terms. By registering as a Kp Member, you will be entitled to make use of the Membership areas of the Site, including the ability to organize and/or participate in Events that require online upfront payments to reserve a seat at that Event.
- “Host”: Registered User, as a legal person or entity, that organizes an Event at a Venue, under his/her sole responsibility, free of charge and/or with only a symbolic participation fee (for instance, a bottle of wine). For collecting Event registration fees online directly from the Guests, you will need to be a Kp Member
- “Guest”: Registered User, as a legal person, who participates, under his/her sole responsibility, in an Event posted, promoted and or listed on/ through the Site by an Host and/or by KitchenParty on behalf of a Partner. For reserving a seat at an Event requesting an online payment, you will need to be a Kp Member.
- Is a person or entity which uses the Website to promote his/her/its own products and services through specific promotional activities/offers under his/her/its own entire responsibility. Access to Partner’s Events is only available for Kp Members.
Operator of a Venue
- Indicates Partner and/or Host promoting an Event in a selected location (Venue) on/ through the Site.
- “Content” means text, graphics, images, music, software, audio, video, information or other materials.
- “KP Content” means all Content that KitchenParty or/and Digitcom makes available through the Site and Services, including any Content licensed from a third party, but excluding Registered User Content.
- “Registered User Content” means all Content that a User registered, posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
- “Collective Content” means Registered User Content and KP Content.
- Indicates any social- cultural- culinary activity or event organized and/or attended on/through the Site.
- Services, Eligibility and Registration
- We provide an online platform which allows users to share Content, interact with each other and, if they wish, meet each other off-line by organizing and/or attending Events in selected locations (for instance, houses, restaurants or others – collectively: Venues) under their sole responsibility. Services to Registered User, as described above, includes managing a newsletter and a blog (collectively, Services).
- In order to access Service you must register to create an account (Account) and become a Registered User. To become a Registered User you must be at least 18 years old. By completing the registration process to create an Account, you represent and warrant that you are 18 or older. During the registration process, you will be required to provide certain information and you will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We have no obligation to accept your registration to the Site or Services as a whole; further, we reserve the right at our sole discretion and under no obligation to the user to deny access to any single area of the Site, Services, or Collective Content. You are responsible for safeguarding your password and email. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. We cannot and will not be liable for any loss, damage or other liability arising from any access to or use of your Account. You will immediately notify us of any unauthorized use of your Account or any other breach of security.
- The Site is merely a venue where users can interact with each other online and, if they wish, meet each other offline. We have no control over, or any responsibility for the conduct of the Users, or the truth or accuracy of Registered User Content. We neither organize, nor is affiliated with any Event. Therefore, you acknowledge and agree that it is your sole responsibility to verify the accuracy of any statements made related to an Event promoted through the Site and Services (including accuracy of the date, time, and location of a given Event). It is the Operator of a Venue, and not us, who is solely responsible for the Events listed on or promoted through the Site and Services. We will have no liability for any disputes, costs, or damages of any kind in connection with or arising from an Event. You are solely responsible for, and assume all the risks of, all of your online and offline communications and interactions with others as a result of your use of the Site or Services.
- User responsibility
- Neutral Venue We are not involved in the actual contact between users. Our Site is merely a venue for users to learn about one another and, if they wish so, arrange times to meet with one another. As a result, we have no control over the conduct of our users or the truth or accuracy of Registered User Content on/through the Site and Services.
- Identity Verification Because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. Although we provide tools intended to assist you, such as our commitment-verification tool (see Section 5.4) and our feedback system, you are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.
- Your Experience with Other Users You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of Collective Content that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
- Our Commitment Verification Tool Our verification tool is merely intended to allow users, by making a payment through a payment agent approved by us from time to time to confirm that their name and surname match with those entered at registration as well as to represent their commitment to our community and their promise to respect its Terms. While this is one of many ways employed by us to reduce the risk of misconduct by each user, it is not a guarantee of the user's identity, or good faith, or even that the data or information submitted are really accurate and authentic.
- Member-Hosted Events; Kp Ambassadors and Volunteers. Members may organize in-person meetings and host events for other members; however, these events are not sponsored or endorsed by KitchenParty and members attend such meetings and events at their own risk. In addition, members may sign up to become Kp Ambassadors or Volunteers and contribute their time to activities that support the KitchenParty community, such as meeting new members, organizing events and answering questions. Kp Ambassadors and Volunteers are not agents of KitchenParty and KitchenParty is not responsible or liable for any acts or omissions of these Kp Ambassadors and Volunteers.
- Release Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates, subsidiaries, partners and licensors ) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, in any way arising out of or connected with such disputes.
- User conduct
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; (c) use information obtained through our Services for any unauthorized purpose; (d) transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website; (f) attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; (g) modify, adapt, translate, or reverse engineer any portion of the Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services, except as expressly authorized by us; (h) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (i) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services); (f) stalk or harass any other user of our Services; (k) collect or store any information about any other user other than for purposes of the permitted use of our Services; (l) use our Services for any commercial purpose whatsoever; (m) register for more than one user account or register for a user account on behalf of an individual other than yourself; (n) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information; (o) attempt to defeat any security or verification measure relating to use of the Services; (p) or assist any third party in doing any of the foregoing.
- Your content
- You Grant Us a License By submitting Registered User Content to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
- Content Restrictions You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that: (a) is defamatory;(b) contains nudity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (d) exploits images or the likeness of individuals under 18 years of age; (e) depicts use of illicit drugs; (f) makes use of offensive language or images; (g) characterizes violence as acceptable, glamorous or desirable; (h) provides a link to any commercial websites; or (i) contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.
- No Obligation to Post Content We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (Feedback). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of KitchenParty and you hereby irrevocably assign to KitchenParty and agree to irrevocably assign to KitchenParty all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At KitchenParty's request and expense, you will execute documents and take such further acts as KitchenParty may reasonably request to assist KitchenParty to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Third-party content
In using our Site, Services or Collective Content you may be exposed to content from other users or third parties (Third-Party Content), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
We reserve the right to place on our Services, in our sole discretion, any content of any kind, both coming from us and from third party, included third-party banners and advertisements and the right to change any aspect, such as graphics, e-mail addresses, ways to access, technical specifications and so on at our sole discretion. We shall not be liable for such advertisement content and for any contract, which should be concluded between users and third party.
- Proprietary rights
- Our Intellectual Property The Site, Services and Collective Content are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.
- Your Use of Our Intellectual PropertyYou may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission.
The present contract applies for an indefinite period. It can be terminated by either Party (the User or KitchenParty) at any moment, without prejudice to those legal restrictions and obligations stated by the Membership Terms and/or by other agreements published on the Site for the online payment options and services.
- Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Site or Services. We reserve the right to take any legal or technical remedies to prevent the violation of these Terms and to protect our Site or Services, users, and our rights and property and those of our affiliates. You shall not use the Site or Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). By using the Site or Services, you represent and warrant to us that such use will not violate, or cause us to violate, the laws of your country.
- Representations and warranties
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any materials posted by you to or through our Site or Services; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Site or Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
- Disclaimer of warranties
IF YOU USE OUR SITE, SERVICES AND/OR COLLECTIVE CONTENT YOU DO SO AT YOUR OWN RISK. OUR SITE, SERVICES AND/OR COLLECTIVE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (A) OUR SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS; (B) OUR SITE, SERVICES AND COLLECTIVE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE, SERVICES OR COLLECTIVE CONTENT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
WE ARE NEITHER AGENTS OF NOR ARE CONNECTED OR AFFILIATED WITH ANY VENUE OR OPERATOR OF ANY VENUE FOR WHICH USER HAS MADE AN ONLINE PAYMENT FOR AN EVENT THROUGH THE SITE AND SERVICES. WE MAKE NO WARRANTY OR REPRESENTATIONS OF ANY KIND REGARDING THE PERFORMANCE OR NON – PERFORMANCE OF ANY VENUE OR OPERATOR OF ANY VENUE IN CONNECTION WITH THE SERVICES, including the failure to honor PRODUCTS/SERVICES AS DESCRIBED IN THE EVENT DESCRIPTION OR OTHER reservations or the delivery of incorrect PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO meal orders AND EVENTS.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limits on liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES, SUBSIDIARIES, PARTNERS AND LICENSORS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SITE, SERVICES OR COLLECTIVE CONTENT; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SITE OR SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON THE SITE, SERVICES OR COLLECTIVE CONTENT; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR COLLECTIVE CONTENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SITE AND SERVICES OR PERSONS INTRODUCED TO YOU BY THE SITE OR SERVICES WHETHER ON-LINE OR OFF-LINE; (G) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PARTNER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR SERVICES; (H) THE PERFORMANCE OR NON – PERFORMANCE OF ANY VENUE OR OPERATOR OF ANY VENUE IN CONNECTION WITH THE SERVICES, including the failure to honor PRODUCTS/SERVICES AS DESCRIBED IN THE EVENT’S DESCRIPTION OR OTHER reservations or the delivery of incorrect PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO Events or meal orders. OR (I) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE, SERVICES , COLLECTIVE CONTENT OR THESE TERMS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, COLLECTIVE CONTENT OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR PATNERS OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
THIS DISCLAIMER IS NOT INTENDED TO LIMIT THE OUR LIABILITY IN CONTRAVENTION OF ANY REQUIREMENTS LAID DOWN IN APPLICABLE NATIONAL LAW NOR TO EXCLUDE OUR LIABILITY FOR MATTERS WHICH MAY NOT BE EXCLUDED UNDER THAT LAW.
- Reporting misconduct
If you spend time with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at email@example.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Governing law and jurisdiction
These Terms shall be interpreted in accordance with the laws of the State of Italy and the international laws applicable therein, without regard to conflict-of-law principles, except as otherwise provided in the other agreements published on the Site. You and we agree to submit to the personal jurisdiction of a state court located in Rome, Lazio, Italy. Any controversy, claim or dispute between the parties hereto concerning this Agreement shall be settled by the Rome courts, located in Rome, Italy.
The translation of any portion of this Site into another language is for your convenience only. You may rely only on the original, Italian-language version of this Site. In case of discrepancies the Italian version shall prevail.
Except as otherwise provided in these Terms, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by KitchenParty: (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms. Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing