Grill Your Way - Because food loves fire

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

INTRODUCTION
1. Welcome. This site (grillyourway.com) (the 'Web Site') is owned and operated by Grill Your Way, ('we, 'us,' or 'GYW'). GYW has the right at any time to change or discontinue any aspect or feature of the Web Site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Web Site. These Terms of Use apply to all users of the Web Site, including visitors, advertisers, and members.
2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Web Site and all charges related thereto.
3. Security. We use industry-standard efforts to safeguard the confidentiality of all information, regardless of whether it identifies you or not. Our security includes use of firewalls, secure socket layers, and encryption. Your password (when available) is a component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties.
GENERAL USE
1. You shall use the Web Site for lawful purposes only. You shall not post or transmit through the Web Site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You shall not: (i) post or transmit through the Web Site any material that contains advertising or any solicitation with respect to products or services without GYW's express prior approval, or (ii) use the Web Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line services. Any conduct by you that in GYW's discretion restricts or inhibits any other user from using or enjoying the Web Site will not be permitted.
2. Grill Your Way hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Grill Your Way's prior written authorization.
  2. You agree not to alter or modify any part of the Website, including but not limited to Grill Your Way's Embeddable Player or any of its related technologies.
  3. You agree not to access User Submissions (defined below) or Grill Your Way Content through any technology or means other than the video playback pages of the Website itself, the Grill Your Way Embeddable Player, or other explicitly authorized means Grill Your Way may designate.
  4. You agree not to use the Website, including the Grill Your Way Embeddable Player for any commercial use, without the prior written authorization of Grill Your Way. Prohibited commercial uses include any of the following actions taken without Grill Your Way's express approval:
    1. sale of access to the Website or its related services (such as the Embeddable Player) on another website;
    2. use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    3. the sale of advertising, on the Grill Your Way website or any third-party website, targeted to the content of specific User Submissions or Grill Your Way content;
    4. and any use of the Website or its related services (such as the Embeddable player) that Grill Your Way finds, in its sole discretion, to use Grill Your Way's resources or User Submissions with the effect of competing with or displacing the market for Grill Your Way, Grill Your Way content, or its User Submissions.
  5. Prohibited commercial uses do not include:
    1. using the Embeddable Player to show Grill Your Way videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Grill Your Way;
    2. any use that Grill Your Way expressly authorizes in writing.
  6. If you use the Grill Your Way Embeddable Player on your website, you must include a prominent link back to the Grill Your Way website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Grill Your Way servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Grill Your Way grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Grill Your Way reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  8. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Grill Your Way Community Guidelines, and all applicable local, national, and international laws and regulations.
  9. Grill Your Way reserves the right to discontinue any aspect of the Grill Your Way Website at any time.
ACCOUNTS
1. In order to access some features of the Website, you will have to create a Grill Your Way account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Grill Your Way immediately of any breach of security or unauthorized use of your account.
2. Although Grill Your Way will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Grill Your Way or others due to such unauthorized use.
3. Grill Your Way will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
4. Grill Your Way reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Grill Your Way may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
MOBILE
The Website may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier?s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
USE OF CONTENT
1. The Web Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Web Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of GYW and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
2. You shall not upload, post or otherwise make available on the Web Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Web Site, you automatically grant, or warrant, that the owner of such material has expressly granted GYW the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Web Site to access, view, store, or reproduce the material for that user's personal use. You grant GYW the right to edit, copy, display, publish, and distribute any material made available on the Web Site by you.
3. Access to the Web Site, other than to portions open to the public, is controlled by individual passwords. Individuals may not share their passwords with anyone else or permit their passwords to be used to provide anyone else with access to non-public portions of the Web Site.
4. The foregoing provisions of this Section are for the benefit of GYW, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. The content on the Grill Your Way Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Grill Your Way, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Grill Your Way reserves all rights not expressly granted in and to the Website and the Content.
6. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Grill Your Way Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by Grill Your Way on the Grill Your Way Website for that User Submission.
7. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Grill Your Way Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Grill Your Way Website or otherwise as prohibited under this Agreement.
8. You may access Grill Your Way Content, User Submissions and other content only as permitted under this Agreement. Grill Your Way reserves all rights not expressly granted in and to the Grill Your Way Content and the Grill Your Way Website.
9. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
10. You agree not to circumvent, disable or otherwise interfere with security-related features of the Grill Your Way Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Grill Your Way Website or the Content therein.
11. You understand that when using the Grill Your Way Website, you will be exposed to User Submissions from a variety of sources, and that Grill Your Way is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Grill Your Way with respect thereto, and agree to indemnify and hold Grill Your Way, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
12. Grill Your Way will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
13. Grill Your Way reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Grill Your Way may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
USER CONTENT
1. As a GYW account holder you may submit textual content ("User Comments"). User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, GYW does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GYW to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
3. GYW does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GYW expressly disclaims any and all liability in connection with User Submissions. GYW does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GYW will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. GYW reserves the right to remove Content and User Submissions without prior notice.
THIRD PARTY
1. We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
2. In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
3. Website Content including health-related information is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any health-related statements found on our Website or on any third-party websites accessed through our Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website.
4. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Grill Your Way and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
5. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
COOKING
Use the cooking techniques demonstrated on Grill Your Way at your own risk. Always use proper safety techniques when barbecuing and grilling. In no way does Grill Your Way accept any responsibility for injuries you incur while grilling or preparing to grill.
DISCLAIMER
1. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER GYW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR TOOLS PROVIDED ON THE WEB SITE.
2. IN NO EVENT WILL GYW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. IN NO EVENT SHALL GYW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS WEB SITE.
3. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GYW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Marks
All page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of GYW. All other trademarks appearing on the Web Site are the property of their respective owners. Unauthorized use of any trademark, service mark, or logo appearing on the Web Site may be a violation of federal and/or state trademark laws.
Monitoring; Loss of Information.
GYW shall have the right, but not the obligation, to monitor the content of the Web Site including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by GYW and to satisfy any law, regulation or authorized government request. GYW shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Web Site. Without limiting the foregoing, GYW shall have the right to remove any material that GYW in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable. GYW assumes no responsibility for the deletion of or failure to store electronic-mail messages, chat comments, or other information submitted to the Web Site.
Violations of Rules and Regulations.
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth herein, including the right to block access from a particular Internet address to this Web Site.
Indemnification
You agree to defend, indemnify and hold harmless GYW and its affiliates, their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Web Site in violation of these Terms of Use or any applicable law, statute, ordinance or regulation.
Third Party Content
GYW is a distributor (and not a publisher) of content supplied by third parties and users of the Web Site. Accordingly, GYW has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of GYW. In many instances, the content available through the Web Site represents the opinions and judgments of the respective information provider or user. GYW neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site by anyone other than authorized GYW employee spokespersons while acting in their official capacities. Notwithstanding the foregoing, GYW reserves the right to monitor, edit, and sort content supplied by third parties.
Changed Terms
GYW has the right at any time to change or modify these Terms of Use, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Web Site, or by electronic or conventional mail, or by any other means. Any use of the Web Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Linked Internet Sites
THE LINKS IN THIS WEB SITE WILL LET YOU LEAVE OUR WEB SITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEB SITE MAY NOT NECESSARILY REFLECT OUR OPINION. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE, OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED IN THE LINKED SITE.
Governing Law; General Provisions
These Terms of Use shall be construed in accordance with applicable laws, without regard to any conflict of laws rules, and you hereby consent to exclusive jurisdiction of GYW's choosing for any cause of action, claim, liability, demand or dispute arising out of your use of this Web Site or its Terms of Use. We operate this Web Site from our offices within the United States of America. We make no representation that the information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the contents of this Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
ABILITY TO ACCEPT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Grill Your Way Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Grill Your Way Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.