Terms of Service

Terms of Service

Thank you for visiting the Cookingwithporn website located at https://cookingwithporn.com ("Site", "we", "us"). You agree to the following Cookingwithporn Website Terms of Service ("Terms of Service"), in their entirety, when you: (a) access or use the Site; (b) register as a Member, These Terms and Conditions are inclusive of the Cookingwithporn Privacy Policy ("Privacy Policy") and any and all other applicable Cookingwithporn operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site or Services in any manner or form whatsoever.

1. Scope of Agreement.

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and Cookingwithporn with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. You understand and agree that Cookingwithporn is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.

2. Modification of Agreement.

We may amend the Agreement from time to time in our sole discretion, without specific notice to you. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s), product(s) or service(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Cookingwithporn is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.

3. Requirements.

The Site and Services are available only to individuals who are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.

4. Registration.

The Basic Services are available without registration or Membership. The information that you must supply on the Site in order to obtain Membership may include, without limitation: (i) your e-mail address; (ii) your name; and (iii) any other information requested by us on the Application. You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Cookingwithporn will verify and approve all Applications in accordance with its standard verification procedures.

If Cookingwithporn approves your Application to become a Member, you can set up your account by selecting your: (A) user name; and (B) password. You can access your Membership Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password including, without limitation, any and all purchases made therethrough.

5. Rejection/Termination.

Cookingwithporn may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Cookingwithporn believes that you are in any way in breach of the Agreement; and (b) where Cookingwithporn believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.

6. Description of Services.

Site users that possess the requisite technology shall have the opportunity to:

(a) utilize the "Basic Services" in order to: (i) upload a certain limited number of small size video files ("Member Video Content") at regular speeds to the Site; and (ii) utilize limited storage capacity for Member Video Content. Member Video Content uploaded by Basic Services Members will remain anonymous, and not be identified as uploaded by any particular Basic Services Member. Member Video Content uploaded by Basic Services Members that has not been accessed or viewed for a period of 60 days will be deleted from the Site. Basic Services Members will be permitted to view a maximum of 20 minutes of all Member Video Content per day. When viewing uploaded Member Video Content, Basic Services Members will have access to the slowest streaming and downloading speeds;

(b) upon submitting an Application and receiving Cookingwithporn's approval, utilize the "Free Services" in order to: (i) upload larger Member Video Content files to the Site, as well as third party websites where the Member has authorization and access ("Third Party Sites"), at faster speeds; (ii) via the Site's functionality, generate transferable Member URLs; (iii) utilize expanded storage capacity for Member Video Content; and (iv) use the Site's "Video Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Video Content files and Member URLs. Member Video Content uploaded by Free Services Members will be identified as uploaded by the applicable Free Services Member; provided, however, that the Free Services Member may designate any Member Video Content uploaded by that Free Services Member as private. Member Video Content uploaded by Free Services Members that has not been accessed or viewed for a period of 60 days will be deleted from the Site. Free Services Members will be permitted to view a maximum of 20 minutes of all Member Video Content per day. When viewing uploaded Member Video Content, Free Services Members will have access to the intermediate streaming and downloading speeds; and

(c) Items (a) and (b) in the preceding sentence, including the Video Manager features, shall be referred to herein collectively as the "Services." Certain aspects of the various Services are more fully described below.

Cookingwithporn will not be liable in any respect for lost, stolen or misdirected Member Video Content, for any failure to secure or protect Member Video Content and/or for failure use the Video Manager features properly. You should keep copies of all Member Video Content submitted to the Site. You understand and agree that Cookingwithporn is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the Video Manager features.

7. Member Video Content.

As a Member, you agree that you are solely responsible for the Member Video Content uploaded by you to the Site, and for any and all subsequent uses of the Member URLs. If you post Member Video Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Video Content enabling you to upload it on the Site, generate a Member URL and display the Member URL and associated Member Video Content as intended. You further represent and warrant that, with respect to all Member Video Content uploaded by you to the Site, whether of actual sexually explicit conduct, non-sexually explicit conduct, simulated sexual content or otherwise, all models, actors, actresses, members and other persons in such visual or audio depictions were at least eighteen (18) years of age when said visual or audio depictions were created. Members must include a conspicuous notice within all Member Video Content which identifies the legal name of the “Records Custodian,” as defined in Title 18, U.S.C. § 2257 (“Section 2257”), for the Member Video Content, and which describes the street address of the physical location where the records relating to the required age of performers and depictions associated with the Content may be inspected as required under applicable law and regulation. Customer may not remove the Section 2257 notice at any time during the term of this Agreement. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations including, but not limited to, Section 2257.

In connection with the Member Video Content and Member URLs (collectively, "Content"), and your performance under the Agreement, you agree not to: (a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable including, but not limited to, Content that violates Section 2257; (b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) display any images containing confidential information without prior authorization; (e) display any Content that includes, or that is made to resemble, sexual activity involving minors, bestiality, urine/scatological/excrement-related Content, bondage, violence, rape, sexual assault and any illegal behavior or behavior that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by Cookingwithporn, without our specific prior written consent; (g) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (h) post, offer for download, e-mail or otherwise transmit any material 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; (i) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (j) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (k) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of Cookingwithporn. Cookingwithporn reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, Cookingwithporn reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.

8. Section 2257 Record-Keeping Requirements Compliance Notice

Cookingwithporn is not the "Producer" (as defined in 18 U.S.C. 2257(h)(2)(B)(v) and regulations promulgated thereunder) of any depictions of actual or simulated sexually explicit conduct appearing on the Site as the activities of Cookingwithporn are limited to the distribution, transmission, storage, retrieval and/or hosting of such depictions posted in areas of the Site under the control of Members. As such, Cookingwithporn is exempt from the record keeping requirements of 18 U.S.C. 2257.

Cookingwithporn is a "Provider of an Interactive Computer Service" (as defined in 47 U.S.C. 230(c) and regulations promulgated thereunder) and, as such, is not considered the publisher or speaker of any content posted in areas of the Site under the control of Members.

With respect to the Member Video Content, Cookingwithporn is not involved in the production of such material, and is involved merely in the distribution of links to this material. Thus, Cookingwithporn is exempt from record keeping requirements based on limitations described in 28 C.F.R. 75.1(c)(4)(ii).

With respect to all visual or audio depictions displayed on the Site via Member Video Content or otherwise, whether of actual sexually explicit conduct, non-sexually explicit conduct, simulated sexual content or otherwise, Member represents that all models, actors, actresses, members and other persons in such Member Video Content were at least eighteen (18) years of age when said visual or audio depictions were created.

9. Non-Endorsement/Neutral Party.

Notwithstanding the foregoing, Cookingwithporn undertakes no responsibility to monitor or otherwise police the Content made available by Members. Cookingwithporn operates the Site and Services as a neutral party, and Cookingwithporn does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by Cookingwithporn of that Member. Cookingwithporn is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.

10. Cancellation of Membership.

If in any case you are not completely satisfied with our site, you may cancel your Membership at any time by contacting us to assist you in doing so. To stop the Membership, simply cease in using the Site and applicable Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Cookingwithporn. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 13 herein below shall immediately be terminated.

11. License Grant.

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Member URLs, Site, Services and associated content (collectively, "Cookingwithporn Content"). Cookingwithporn may terminate this license at any time for any reason. Unless otherwise expressly authorized by Cookingwithporn, you may only use the Site and the Cookingwithporn Content for your own personal, non-commercial use. No part of the Cookingwithporn Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Cookingwithporn Content except as expressly permitted by Cookingwithporn. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Cookingwithporn Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the Cookingwithporn Content. You may not use the Cookingwithporn Content in conjunction with any other third-party content. You may not exploit any aspect of the Cookingwithporn Content for any commercial purposes not expressly permitted by Cookingwithporn. You further agree to indemnify and hold harmless Cookingwithporn for your failure to comply with Section 13. Cookingwithporn reserves any rights not explicitly granted in the Agreement.

12. Proprietary Rights.

The Cookingwithporn Content, organization, graphics, videos, images, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Cookingwithporn Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Cookingwithporn Content is strictly prohibited. You do not acquire ownership rights to any Cookingwithporn Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.

13. Copyright Infringement Notice.

Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Cookingwithporn reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Cookingwithporn and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, Cookingwithporn reserves the right to terminate the infringing Member's account and access to the Site and/or Services. Cookingwithporn may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), Cookingwithporn has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Cookingwithporn respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact us here.

14. Legal Warning.

Any attempt by any individual, whether or not an Cookingwithporn customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and Cookingwithporn will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

15. Representations and Warranties.

Member hereby represents and warrants to Cookingwithporn that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Video Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Video Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Video Content and any use thereof.

16. Indemnification.

You agree to indemnify and hold Cookingwithporn, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services in any way; (b) your breach of the Agreement; (c) the Member Video Content and/or Member URLs; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 18 are for the benefit of Cookingwithporn, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

17. Disclaimer of Warranties.

THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Cookingwithporn MAKES NO WARRANTY THAT THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Cookingwithporn WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, VIDEO MANAGER AND/OR MEMBER URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cookingwithporn OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

18. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Cookingwithporn SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Cookingwithporn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Cookingwithporn FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Cookingwithporn TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR Cookingwithporn MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Cookingwithporn. ACCESS TO THE SITE, SERVICES, VIDEO MANAGER, MEMBER URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Cookingwithporn'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Third Party Websites.

The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Cookingwithporn does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Cookingwithporn of the applicable website or any association with the website's operators. Because Cookingwithporn has no control over such websites and resources, you agree that Cookingwithporn is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Cookingwithporn shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

20. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.

21. User Information.

All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy.
Your personal information, your name and your email address will NOT be sold, rented or leased to 3rd parties.

22. Dispute Resolution Provisions.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Cookingwithporn and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Cookingwithporn incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

23. Miscellaneous.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

24. How to Contact Us.

If you have any questions about the Agreement or about the practices of Cookingwithporn, please feel free to contact us by Clicking Here.