TERMS OF USE
These Terms of Use were last updated on April 1st, 2022.
INTRODUCTION
Accademia di Cucina Italiana provides its services to you through its website located at www.accademiadicucinaitaliana.com and through its mobile applications and other interactive properties owned and operated by Accademia di Cucina Italiana, subject to the following Terms of Use.
The site is an online platform for creative home cooks. The site enables users to access and/or purchase courses made available on the site, post photographs, images and videos, share comments.
ACCEPTANCE OF TERMS OF USE
These terms of use are entered into by and between you and Accademia di Cucina Italiana. The following terms and conditions, together with any documents that are expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of the services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or Privacy Policy, promptly exit this page without accessing or using any of the Services.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESS TO THE SERVICES
Accademia di Cucina Italiana reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Accademia di Cucina Italiana will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Services are available only to users above 16 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
REGISTRATION
To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. You agree to: (a) provide true, accurate, current and complete information about yourself in the registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Accademia di Cucina Italiana has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Accademia di Cucina Italiana has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Accademia di Cucina Italiana will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
USE OF THE SERVICE
The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by Accademia di Cucina Italiana, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.
PROHIBITED USES
You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Accademia di Cucina Italiana. Solely as an example, without limitation you agree not to use the Services:
- In a way that violates any applicable local, state, national or international law or regulation.
- To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
- To send, knowingly receive, upload, post, download, use or re-use any material or content that (i) contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with these Terms of Use; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by Accademia di Cucina Italiana or any other person or entity, if this is not the case.
- To transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- To create multiple accounts for the purpose of liking (i.e., giving “likes”’ votes) for or against user’s projects, to artificially inflate or alter “likes”, comments, etc. or giving or receiving money or other compensation in exchange for ‘likes’, or for participating in any other organized effort that in any way artificially alters the results of the Services.
Additionally, you agree not to:
- Bypass any measures we may use to prevent or restrict access to the Services.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Accademia di Cucina Italiana shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.
DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Accademia di Cucina Italiana will have no liability or responsibility with respect thereto. Accademia di Cucina Italiana reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Accademia di Cucina Italiana’s INTELLECTUAL PROPERTY RIGHTS
The Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accademia di Cucina Italiana. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.
FEES
Accademia di Cucina Italiana offers online courses and other Services (such as subscriptions plans) for a fee. You agree to pay the fees for content that you purchase, and you authorize Accademia di Cucina Italiana to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by Accademia di Cucina Italiana and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.
You shall provide Accademia di Cucina Italiana information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that Accademia di Cucina Italiana may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.
Accademia di Cucina Italiana reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).
Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on
REFUNDS
Refunds are not available for accounts which violate this Terms of Use or, according to Accademia di Cucina Italiana sole and absolute discretion, are otherwise objectionable; (ii) If Accademia di Cucina Italiana determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.
SUBSCRIPTION TERMS:
- Subscription plan: During your subscription to a subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content. The subscription that you purchase or renew determines the scope, features, term and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else.
- Fees and payments: The subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods provided by Accademia di Cucina Italiana for any subscription plans.
- Refunds and cancellations: If, within the first 14 days after you have purchased your subscription plan, you become dissatisfied, Accademia di Cucina Italiana will refund the full amount of your subscription (and subsequently terminate your subscription plan and additionally remove access to any courses and benefits you may have accessed under the subscription plan).
- Refunds will not be available if requested after this 14-day period, although you may cancel your subscription at any time. If you cancel your subscription plan, you will continue to have access to the subscription services until the end of your current subscription period. While your subscription will not be renewed, we will not refund any subscription fees previously paid to us.
- Right of withdrawal: The purchaser of online products sold by Accademia di Cucina Italiana cannot exercise the right of withdrawal unless it can be proven that he/she has not made use of it, even in part, after the purchase. If the videos sold by Accademia di Cucina Italiana have been viewed, the purchaser automatically loses the right of withdrawal.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DOMESTIKA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL DOMESTIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DOMESTIKA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Italy without giving effect to any choice or conflict of law provision or rule.
QUESTIONS? CONCERNS? SUGGESTIONS
Please contact us using our email form to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.