In addition, when using specific services or features, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this website. Tur Kitchen reserves the right to modify this Agreement at any time. Your continued use of this website following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with this Agreement at all times when using this website, Tur Kitchen reserves the right to deny or restrict your access to this website. The terms and conditions of this Agreement shall apply regardless of the means by which this website was accessed, including, but not limited to, through the URL address, electronic mail, or links from other websites. Users who are under 18 years old may not use this website.
Use of Tur Kitchen’s Website
By using turkitchen.com, you agree that:
Your use of this website, including, without limitation, any of its elements or content, is solely for your own noncommercial use and benefit.
You will not interfere with any other user's use and enjoyment of this website. You will not use this website or the information contained therein in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using this website.
You will not submit, post, upload, distribute, or otherwise make available any Submission (as defined below) that contains, in the opinion of Tur Kitchen: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (5) any information intended to promote and/or generate revenue for any third party business activity.
You have all necessary rights, including, but not limited to, intellectual and other proprietary rights, in and to any Submission you make at the turkitchen.com site and all materials they contain.
You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to this website, about yourself or others, that is not accurate and truthful.
When using features on this website that allow you to communicate with others, you will (i) not upload or send any message that in the opinion of Tur Kitchen is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and treat all recipients with respect. You will immediately cease using website features to communicate with recipients who have requested not to receive communications from you.
You will not use this website for any unlawful purpose, including engaging in (or attempts to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit any criminal activity.
You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment.
You will not attempt to gain unauthorized access to Tur Kitchen’s computer systems. You recognize that not all areas of this website may be available to you.
Tur Kitchen cannot and does not guarantee that other website users will comply with the rules above.
Title and intellectual property rights to this website and content on this website are owned by BreadCycle LLC, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos and names of Tur Kitchen or its clients may not be used or copied in any manner without the express prior written consent of BreadCycle, LLC or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on this website are the property of their respective owners. Except as specifically provided herein, the copying, redistribution, reselling, or publication of any part of this website without express prior written consent from BreadCycle, LLC or other owner of such material is prohibited. In particular, except as specifically provided herein, BreadCycle, LLC prohibits the use, copying, distribution, transmission, display, performance, or exploitation in any form or manner of any and all content on this website (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without BreadCycle, LLC’s express prior written consent. Further, the computer code that BreadCycle, LLC creates to generate its website pages is protected by copyright and any copying or adapting of such code is strictly prohibited. BreadCycle, LLC hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from this website, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on this website, provided that you maintain all copyright and other notices contained in such material.
Tur Kitchen is pleased to hear from its users and welcomes your comments regarding this website. Tur Kitchen, however, does not consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings. Accordingly, Tur Kitchen requests that your comments relate to its services and products, and that you not submit any creative ideas, suggestions, or materials.
If you send, submit, upload, post, or otherwise make available comments or submissions, including, without limitation, postings to blogs, contest or sweepstakes entries, digital artworks, photographs, messages to other turkitchen.com users, or other creative entry including, without limitation, any drawing, photograph, voice, actions, likeness, name, age, and city and state of residence, or unsolicited creative ideas, suggestions, or materials (each a "Submission" and collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Tur Kitchen. None of the Submissions shall be subject to any obligation of confidence on the part of Tur Kitchen and Tur Kitchen shall not be liable for any use or disclosure of any Submissions.
You hereby consent to the use and reuse by Tur Kitchen, and any of its respective licensees, designees, assignees, parents, subsidiaries, or affiliated entities and each of their respective employees, agents, representatives, officers and directors (collectively "Releasees") of your Submission, as edited, altered, or modified by the Releasees and that Releasees shall exclusively own all right, title, or interest in the Submission, in any and all media now known or hereafter devised, in any and all versions, worldwide in perpetuity. You further agree that Releasees may use the Submission in connection with any promotion, publicity, marketing or advertisement for Tur Kitchen. You grant the rights hereunder whether or not your Submission is selected. You agree to release, defend, indemnify and hold harmless Releasees from any and all claims, actions, lawsuits, liabilities, and expenses arising out of or relating to their recording or use of the Submission. You agree not to make any claim against Releasees as a result of the use or non-use of the Submission (including, without limitation, any claim that such use invades any right of privacy and/or of disclosure). You understand that you will not be paid any money or receive any form of compensation for giving Releasees these rights, or for agreeing to this Agreement. You certify that the Submission is original and that Tur Kitchen’s use of the Submission will not violate any rights of any other person or entity, including, without limitation, any copyright rights. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU.
Tur Kitchen reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submissions. Without limitation of the foregoing, Tur Kitchen shall have the right to use and change the Submissions in any manner that Tur Kitchen may determine. You acknowledge that Tur Kitchen may or may not pre-screen Submissions, but Tur Kitchen and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submissions. Tur Kitchen may, in its sole discretion, monitor the Submissions of all users, but Tur Kitchen cannot be responsible for the views or opinions expressed. Tur Kitchen neither endorses the contents of any user communications or Submissions nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising therefrom, or any crime facilitated thereby. Tur Kitchen may delete or terminate, in its sole discretion, any and all information, communication(s), and/or Submissions, at any time, without notice, for any reason, including without limitation, online conduct that it believes is harmful to other users, the business of Tur Kitchen, its affiliates, or other third-party, or for conduct that violates this Agreement or other policies or guidelines set out by Tur Kitchen elsewhere on this website.
This website may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Tur Kitchen or that any affiliation exists between Tur Kitchen and the linked website. You agree that Tur Kitchen is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Tur Kitchen has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications, which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Tur Kitchen shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. SOMOS DISTRIBUTION DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
TUR KITCHEN DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH TURKITCHEN.COM. NEITHER TUR KITCHEN NOR ITS AFFILIATES AND THIRD-PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY TURKITCHEN.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM TURKITCHEN.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THIS WEBSITE IS UPLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF TURKITCHEN.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL BREADCYCLE, LLC, ITS AFFILIATES, PARENT, SUBSIDIARIES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, THE “RELATED PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL BREADCYCLE, LLC OR ANY OF THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THIS WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY RELATED PARTY HAS BEEN ADVISED OF (OR IF ANY RELATED PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL RELATED PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS TURKITCHEN.COM.
You, the user, agree to indemnify and hold harmless, and at BreadCycle, LLC’s request, defend BReadCycle, LLC and the Related Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of this website; (ii) use of this website by anyone using your computer or your account; (iii) a violation of this Agreement by you or anyone using your computer or your account; (iv) any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, this website by you or someone using your computer or your account; or (v) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against BreadCycle, LLC or any Related Party based on your conduct or use of this website or that of someone using your computer or account, you agree to compensate BreadCycle, LLC and all Related Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding
Tur Kitchen reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Tur Kitchen becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on Tur Kitchen’s servers and systems. During an investigation, Tur Kitchen may remove any and all disputed material from Tur Kitchen’s servers and systems. If Tur Kitchen believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Tur Kitchen may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Tur Kitchen’s servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.
Jurisdictional Issues/Governing Law
This website is controlled and operated by Tur Kitchen from within the United States of America, and is intended for use only by residents of the United States. Tur Kitchen makes no representations or warranties that the content or materials of this website are appropriate or lawful in any foreign countries, or that any items offered for sale through links on this website will be available outside the United States. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from turkitchen.com or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Florida, U.S.A., without giving effect to any principles of conflicts of laws. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of this website shall be finally adjudicated or determined in any court in the State of Florida or of the United States of America, in Miami-Dade County, Florida, and the parties hereto submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Florida law.
Your use of this website constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Tur Kitchen or by third-party content providers in connection with content, software, or services available on, through or in connection with this website.
Acts of God
Tur Kitchen shall be excused from its obligations for any period to the extent that Tur Kitchen is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Tur Kitchen’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
Tur Kitchen’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Tur Kitchen’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Tur Kitchen to exercise or take advantage of any right or remedy that Tur Kitchen has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to affect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
This Agreement constitutes the entire agreement between you and Tur Kitchen concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Tur Kitchen.
Tur Kitchen respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on this website infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on this website, then you may notify Tur Kitchen using the procedures set forth below.
Send your notice of infringement to our designated agent:
2601 S. Bayshore Drive
Miami, FL 33133
Your notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;
An identification of the URL web address on turkitchen.com or other specific location where the allegedly infringing material is located;
The address, telephone number, and email address of the notifying party;
A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR TUR KITCHEN AS A RESULT OF TUR KITCHEN’S RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Tur Kitchen may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent, which must include:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location on this website at which the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.