Effective Date – May 11th, 2023
These terms and conditions (Terms) govern your access to and use of the Kimchimari website (Website), and any information, text, graphics, videos, or other materials appearing on the Website (Content). Your access to and use of the Website is expressly conditioned on your acceptance and agreement to abide by these Terms.
By continuing to use the site after May 11th, 2023, you agree to have all of your activities on this Website and use of Content from 12/01/2010 to present covered by these terms.
Use of the Website
The Website may change from time to time without prior notice to you and all services or publication with respect to the Website may stop with prior notice.
Permission to Access the Website
Subject to your compliance with these Terms, You are granted non-exclusive and non-transferable license to access the Content on the Website solely for your own personal, non-commercial use. You may not: (i) copy, modify or distribute the Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Content to any third party, either directly or indirectly, including but not limited to methods such as aggregation, Artificial Intelligence bot or system, or through Machine Learning Systems; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Website or Content; (iv) make the functionality or Content of the Website available to other individuals through any means; or (v) use the Website or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Permission to Access the Website or the Content
All Content, including but not limited to recipes, videos, pictures, and texts, on this Website is the property of the Website operator and all protections under applicable laws, including intellectual property and copyright law, applies. All users who access the Website is only permitted to use the Content for personal and non-commercial purposes and may not share, distribute, transfer, or disseminate the Content without express written permission of Kimchimari, LLC.
The Website may include advertisements or other forms of content sponsored by third parties. Kimchimari may receive compensation for those ads but are not responsible for the content or the manner in those ads are selected for display to each individual user of the Website.
All Content on the Website are intended toward a broad and general public and are not intended to tailor towards any specific individual’s medical or dietary needs or restrictions. The Content are informational only and do not constitute any advice, including but not limited to dietary, nutritional, medical, or food recommendations. It is the responsibility of all users of the Content and Website to seek the advice of qualified professionals before using any information in the Content or Website for use or consumption.
Content You Submit
By uploading, posting, submitting or otherwise transmitting any Content through the Website, you grant Kimchimari a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise use such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Website and/or its affiliated services such as social media posting on other platforms. You agree that this license includes the right for other users of the Website to access and use the submitted content in accordance with the Terms governing the Website as if such submitted content were Content originally created by Kimchimari.
You are responsible for your use of the Website, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Website that violate these Terms.
You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service without Kimchimari’s express written permission; (ii) is knowingly false or intended to mislead, confuse, or deceive others; (iii) promotes illegal or harmful activities or substances; (iv) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (v) is harassing, threatening or insulting to others; (vi) violates the privacy, publicity, moral or any other proprietary right of others; (vii) is defamatory, obscene, pornographic, vulgar or offensive; or (viii) otherwise violates these Terms.
You also agree not to do any of the following while accessing or using the Website: (i) attempt to access, tamper with, or use non-public areas of the Website, Kimchimari or it’s servers, or the technical delivery systems of Kimchimari’s providers; (ii) gather and use information, such as other users’ names, real names, email addresses, or other information available through the Website to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use Website for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Kimchimari has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Kimchimari does not consent to the Content on this Website being accessed, used, or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by Kimchimari, LLC in writing (including written electronic communication). All users accessing this Website agree to abide by the Terms provided herein. Absent specific written consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes.
The Website and Content Available “AS-IS”
You understand and agree that the Website and Content, and all materials, information, products and services included therein, are provided to you on an AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, KIMCHIMARI EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Website is at your sole discretion and risk. Kimchimari will not be responsible for any harm to your computer, mobile device or tablet computer, appliance, loss of data or other harm that results from your use of the Website. Kimchimari makes no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Kimchimari makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Website, any information, goods or services promoted or displayed through the Website or any transactions entered into through the Website.
The Content, including the recipes and all related information and commentary made available through the Website, as well as any ingredient management or cooking features, are for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, or food safety advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Kimchimari or through the Website will create any warranty not expressly made herein. You are solely responsible for ensuring that any food you prepare is properly cooked, and for monitoring your appliance and the doneness of your food. You agree that Kimchimari is not responsible or liable for any harm or damage (including illness) that you or anyone else experiences as a result of consuming food prepared utilizing the Website’s recipes or features. You also agree that Kimchimari is not responsible or liable for any harm or damage that you experience as a result of cooking instructions failing to reach your appliance, you leaving your appliance unattended, or improper functioning of any feature of the Website or your appliance.
You are also solely responsible for all of your communications and interactions with other users of the Website and with other persons with whom you communicate or interact as a result of your use of the Website.
You agree to defend, indemnify, and hold Kimchimari, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIMCHIMARI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KIMCHIMARI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The failure of Kimchimari to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms are the entire and exclusive agreement between Kimchimari and you regarding the Website, and these Terms supersede and replace any prior agreements between Kimchimari and you regarding the Website. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
CLASS ACTION / JURY TRIAL WAIVER
READ THE FOLLOWING PROVISION CAREFULLY. YOU AGREE TO WAIVE YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS OR THROUGH A JURY TRIAL.
As used in this Class Action / Jury Trial Waiver provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.
In the event that You intend to commence a court proceeding, You must first notify Kimchimari by emailing firstname.lastname@example.org and attempt to resolve Your Claim. If You and Kimchimari and/or the Affiliated Entities do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, either party may comments court proceeding in accordance with this Agreement.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. YOU AND WE EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST KIMCHIMARI AND/OR THE AFFILIATED ENTITIES.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM.
If this Class Action/Jury Trial Waiver provision or any portion of this Class Action/Jury Trial Waiver provision is held to be unlawful, void or for any reason unenforceable, this provision (or portion of this provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement.
This Agreement is governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
If you have any questions about these Terms, or about Kimchimari in general, please contact jinjoo(at)kimchimari.com