The App provides users with access to cooking training resources, (training videos, recipes, cooking aptitude quizzes, etc.), including various reference and communications tools, (feedback community, blogs, etc.), forums and personalized content (collectively referred to as the "Services"). Most of these Services of the App are provided for a fee. You also understand and agree that the Service may include sponsorships or advertisements. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new App services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings. The App is a service for iOS-based cooking training resources. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You are responsible for maintaining the secrecy and security of any personal or User Account information. You are responsible and liable for any conduct on the App under your User Account. We are not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify us immediately.
Only the authorized App user is permitted to use the password protected training content within the App. If you loan or disclose your User Name and Password or otherwise knowingly or unknowingly allow access to the App, including content in the App or access to purchase content in the App, the authorized App user shall be responsible for any activities in the App, including purchases.
We may provide access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to the App, us and other users via chat rooms, message boards or other means ("User Submissions"). User Submissions do not reflect the views of Top Chef University, us or forum moderators (the "Forum Facilitators"), and none of us have any obligation whatsoever to monitor, edit, or review any User Submissions. The Forum Facilitators assume no responsibility or liability arising from the content of any User Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission to us. You are strictly prohibited from submitting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Forum Facilitators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit or post shall be deemed the property of and may be used by the Forum Facilitators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, the Forum Facilitators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions shall constitute an assignment to the Forum Facilitators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Submission. The Forum Facilitators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that you submit or transmit and will own exclusively all such rights, titles, and interest in such and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Facilitators are and shall continue to be under no obligation to maintain any User Submissions in confidence, to compensate you or any other user for any User Submission, or to respond to any of your or any other user's User Submissions.
This TOS is governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this TOS or the App, you agree to the jurisdiction of the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We do not represent or warrant that the App, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the App at their own risk, and are responsible for complying with local laws. We may limit the availability of the App to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. We currently operate the App and control it from Virginia but may change this at any time. You agree not to transport, import, export or re-export any App content to a national or resident of any country to which the United States has embargoed goods; or any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
If any provision of this TOS is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this TOS and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Our failure to insist upon or enforce strict performance of any provision of this TOS shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire TOS between you and us relating to your use of the App; this TOS supersedes any and all prior or contemporaneous written or oral agreements between you and Top Chef University regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this TOS. This TOS, and the App subject of this TOS, is not assignable, transferable or sublicensable by you except with our prior written consent.
Top Chef University is not an accredited university.