Mingled Platter – Terms and Conditions
Effective Date: 1st February, 2024
1. Introduction and Acceptance
Greetings to Mingled Platter! To visit and utilize the Mingled Platter site or website (which will be referred to as “the Website”) there are certain conditions, which you as the user (or “the User”) must observe. In simple terms, by agreeing to these Terms which relate to the Website and its services, you accept to fully accept all terminologies within this document (hereinafter referred to as ”the Terms’’). The Website, together with all content, services, and products accessible thereat or therein are bound to these Terms.
We recommend that you read these Terms before accessing the Website. If you have any disputes with the Terms, you are not permitted to use the Website. Mingled Platter is within its rights to alter these Terms with no prior notification. Any changes made will be considered valid once posted on the Website. By using the Website even after changes have been made, it is assumed that you consent to the modified Terms. You should ensure that you check the Terms frequently for any further updates.
2. Use of Content
2.1 Intellectual Property:
The Website and its content are owned by Mingled Platter which includes photographs, recipes, texts, graphics, logos, videos, or any and every intellectual creation of Mingled Platter. No one is allowed to use the content unless stated for use in these Terms.
2.2 Permitted Use:
- The Website can be accessed by the user and is permitted to be used in a personal and non-commercial capacity.
- Recipes and other relevant content from the Website can be printed and downloaded for personal use.
- You may post to socials or share hyperlinks to the Mingled Platter content as long as you credit Mingled Platter.
2.3 Aided Use:
Unlawfully, you cannot:
- Extract or use any content of the Website in any way including, but not limited to, reproducing, re-disseminating, or republishing without Mingled Platter’s written consent.
- Utilize the Materials in any business activities including, but not limited to, merchandising or selling recipes or making adaptations to them for resale purposes.
- Change or attempt to change any Copyrighted Materials on the Website by changing the materials or any parts of them, or using the materials in any other way.
- Change or conceal any proprietary identifiers such as marks, trade names, and/or other rights of a sole entity that is listed within the Website.
- Collect or monitor any portions of the contents or data on the Website without the express written consent of Mingled Platter by employing technological means, which include but is not limited to the use of robots, spiders or scrapers.
- Pose as or account any person or organization or alter their supposed connection to a specified person or organization.
3. Recipes and Cooking Advice
3.1 Disclaimer:
Culinary designs and tips provided on the Website is specifically for educational and information purposes only. They are not professional suggestions hence should be regarded as a walk through.
3.2 No Guarantee:
Mingled Platter shall not be responsible or liable for any guarantees or warranties regarding the outcome of any recipe. Depending on your skill set, equipment, ingredients, and other environmental factors, your cooking results may differ. You must accept the fact that the outcome of any recipe you attempt is solely your personal responsibility.
3.3 Allergy and Dietary Information:
Mingled Platter extends as a courtesy, mention of allergy and dietary information. However, you have to take further steps in validating all ingredients and confirming they fulfill your particular dietary preferences and exclusions. For any concerns related to allergies or diet, please do consult with your healthcare provider before attempting any recipes.
3.4 Safety:
You alone will be liable for your safety while cooking. Be careful with knives, hot surfaces, and other kitchen equipment as you move around the kitchen. Children need to be watched during this time. Mingled Platter will not be responsible for any damages or injuries, however, caused, from your use of the recipes provided on the website or advice provided on cooking.
4. User Comments and Interactions
4.1 Moderation:
Mingled Platter is entitled to any moderation and destruction of user comments or provided content that users that fall under her Terms of Use. This includes but is not limited to defamatory phrases, abuse, harassment, or discrimination.
4.2 User Responsibilities:
You understand that any content you submit on the Website, such as reviews, comments, or other submissions, is your sole responsibility. You further warrant that such content or any part of it will not violate any applicable law or the legal rights of any third party.
4.3 No Endorsement:
Mingled Platter does not, by implication or otherwise, endorse the comments made by users. User comments are the sole responsibility of users.
5. Links to Third Party Sites
Mingled Platter does not endorse and is not responsible for the privacy practices or the content of such sites. You accept these sites and access them at your own choice.
6. Limitation of Liability
6.1 Disclaimer of Liability
As much as the laws allow, Mingled Platter, its subsidiaries, affiliates, officers, directors, employees, agents, and licensors will not be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive, or exemplary, arising from or in connection with any of the following:
- Your use of or inability to use the Mingled Platter website and its associated content.
- Any errors, omissions, and inaccuracies of the content provided in the Website.
- Any unauthorized access to user’s transmissions or alteration of their data.
- For any other matter in regard to the Website or any content that the Website offers.
- Statements or conduct of other people not involved in Mingled Platter who use the Website.
6.2 Types of Damages Excluded
This limitation set forth above also applies, but without restriction, to damages caused by:
- The discontinuation of profit, revenue, income, or any savings one expects to receive.
- The discontinuing or losing of either intangible assets, goodwill, business reputation, or data.
- Business reputation damage.
- Personal injury and damage to property.
6.3 Maximum Extent Permitted by Law
Notwithstanding the above, Mingled Platter’s liability shall still be covered as much as the applicable law allows, whether damages from breach of contract, tort (including negligence), strict liability or any legal argument.
6.4 No Warranty:
In any case Mingled Platter does not assume any liability or guarantee: Mingled Platter does not warrant the Website and its content in any manner. Platter offers the Website and its content “as is” and “as available.” Platter makes no guarantees whatsoever is offered expressly and impliedly.
6.5 User’s Responsibility:
User assumes the risk of using the Website and its content.
7. Indemnification
7.1 Obligation to Indemnify:
To the fullest extent permitted by law, you are responsible for indemnifying, kept harmless, and defending any losses incurred by Mingled Platter, its subsidiaries, relatives, representatives, aids, employees and agents (the Indemnified Parties) against any suits, litigations, claims, regrets, accusations on damages, neglect and costs from:
- Your utilization of Mingled Platter web pages including but not limited to any material you upload and your transmissions via website. Your noncompliance with the given terms of the agreement.
- Your infringement of any rights accredited to another person or association which include but are limited to the rights of owning and personal information.
- Any claim arising from legal impotency, unjustifiable deliberation or fraud.
7.2 Defense and Cooperation:
You are required to cooperate in the defense of any claim subject to indemnification. Mingled Platter reserves the right to assume at his sole cost and expense the exclusive defense and control of any matter which would otherwise be subject to indemnification by you. In this event, you are obliged to assist Mingled Platter in raising any possible defenses.
7.3 Reimbursement of Expenses:
You agree to pay the Indemnified Parties in a reasonable time any costs, such as legal fees, which they may sustain as a result of such of the claim subject to the indemnification, the investigation, the defense, or the settlement of the claim.
7.4 Survival:
The Terms and Conditions Indemnification will endure beyond the cessation or expiration of these Terms and Conditions and Indemnified Party’s use of sites.
8. Governing Law/Legal Framework and Authority for Jurisdiction
8.1 Law That Applies:
These Terms and Conditions, along with any controversies resulting from or connected to the use of the Mingled Platter site, shall be treated in accordance with the internal legislation of the United States of America without reference to its conflict of law rules. This refers to the legal system of the United States as rendered by its federal courts and, where applicable, the legal system of the particular state of the United States where Mingled Platter maintains its corporate headquarters or principal place of business, which will govern the meaning, scope, and enforcement of these Terms.
8.2 Exclusive Jurisdiction:
For any purpose under these Terms or pertaining to your use of the Mingled Platter website, you accept the exclusive jurisdiction of the federal and state courts situated in the United States of America for any suit, action, or proceeding without any exceptions. You consent that any legal actions linked to these terms will be conducted solely in the aforementioned courts, and that you bear no objections to the venue or forum non convenient.
8.3 Waiver of Jury Trial:
You voluntarily and intentionally agree to suspend the right to a trial by jury for any type of jurisdiction claim even those which include counter claims; all claims disregarding the jurisdiction claims set in these Terms. You retain those rights only to the extent permissible by applicable provisions of the law.
8.4 Consent to Service of Process:
You consent to be served a notice of the action or process by any method governed by applicable law as a part of these Terms, yet not restricted to certify or registered mail, or any other ways allowed by the jurisdiction which governs such procedures.
9. Assignment
9.1 Right to Assign:
You understand and accept that Mingled Platter (“we,” “us,” or “the Company”) has the unfettered right to cede, convey, or subcontract any or all of its responsibilities, privileges, or rights under these Terms and Conditions to any person or entity of its choosing or decision at any time without notice to you. This right encompasses, but is not restricted to, assignments because of a merger, acquisition, reorganization, asset sale, or some other business transaction.
9.2 No Consent Required:
You explicitly forgo any claim of consent or objection to any such assignment, transfer, or delegation by Mingled Platter. You comprehend this means your relationship with Mingled Platter, within the scope of these Terms, can be assigned to another organization without consent from you.
9.3 Impact of Assignment:
An assignee, transferee, or delegate gains all rights and obligations of Mingled Platter under these Terms and is referred to as the assignee, transferee, or delegate. You consent to assisting any such assignee, transferee, or delegate, and you agree to comply with new instructions resulting from the assignment as long as such new agreement does not infringe upon your rights or obligations under these terms so as to cause you harm.
9.4 Sustained Responsibilities:
These Terms do not change because of any assignment made by Mingled Platter, so your obligations remain in effect. You acknowledge that all assignees, transferees, or delegates have the same Terms as Mingled Platter and the same obligating, punitive, and safeguarding powers as set by the terms.
10. Severability
10.1 Independent Provisions:
This document’s Terms and Conditions is composed of interdependent and self-supporting clauses. If a court of competent jurisdiction finds any provision to be void, unlawful, or incapable of being executed for any number of reasons, that provision shall be removed from the other Terms.
10.2 Remaining Provisions Unaffected:
There shall be no effect or impairment on the validity or legality or enforceability of the rest of the Terms due to the invalidity, illegality, or impossibility of executing any single clause. All other provisions shall continue in full force and effect as if the disallowed provision had never been included.
10.3 Modification to Achieve Intent:
Invalid or enforceable provisions shall, if possible, be changed to reflect the intent of the parties while still being valid, legally acceptable, and enforceable to the least degree possible. The parties reconvene to negotiate a valid and enforceable provision with the greatest possible economic, legal, and commercial value in regard to the disallowed provisions intention if that change is not possible.
11. Entire Agreement
11.1 Complete Understanding:
You and Mingled Platter exclusively agree with these Terms and Conditions with considered policies and guidelines documents for usage of the Website.This contract replaces all previous or recent communications, discussions, and documents, whether verbal or written, that you have had with Mingled Platter regarding the issues stated hereof.
11.2 Other Agreements:
You agree that you have not relied on any unilateral representations, undertakings, or promises provided by Mingled Platter or any third party working for Mingled Platter apart from those detailed in the Terms. No other written or oral agreements, representations, or understandings shall commit Mingled Platter unless that document is executed by an official representative of Mingled Platter which document purports to stipulate the terms in question.
11.3 Modifications Only in Writing:
These Terms may not be changed except by a document which is executed both by you and an authorized representative of Mingled Platter, who has so designated the Mingled Platter Company. Any attempt to change these Terms through other means including but not limited to phone, email, or other means will be considered a breach with no legal standing.
Contact Information
For questions or further details regarding these Terms, please reach us through: info@mingledplatter.com