Terms & conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY MRKOCHAR.COM (“MRKOCHAR”, “WE”, OR “US”). BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO RIGHT TO USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.

ACCESS TO THE SERVICES

The MrKochar.com network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by MrKochar.com in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the MrKochar.com network websites and any goods or services MrKochar.com performs for you and the content, software, tools, and features offered by MrKochar.com on the MrKochar.com network (including, without limitation the Video Player (as defined below)). MrKochar.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). MrKochar.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. MrKochar.com RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE MrKochar.com WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.

MrKochar does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to MrKochar.com or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us at user.support@mrkochar.com.

You represent and warrant to MrKochar.com that:

  1. you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older;

  2. all registration information you submit is accurate and truthful; and

  3. you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

 

WEBSITE AND SERVICES CONTENT

The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by MrKochar.com in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you,

  1. without the express prior written consent of the respective owners, and

  2. in any way that violates any third party right.

You shall not remove, obscure, or alter any notices or links (e.g., links to MrKochar’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services. In addition, you agree not to access, display, distribute or otherwise exploit User Submissions or any other Content through any technology or means other than the video playback pages of the Services or the MrKochar.com Video Player offered through the MrKochar.com websites (the “Video Player”).

You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MrKochar, or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, MrKochar.com may revoke your right to so link at any time, at MrKochar’s sole discretion. MrKochar.com reserves the right to require prior written consent before linking to the Services.

In the course of using the Services, you and other users may provide information which may be used by MrKochar.com in connection with the Services and which may be visible to certain other users. You understand that by posting information, images, video, blogs, or other content on the Services or otherwise providing User Submissions to MrKochar.com or in connection with the Services (collectively, “User Submissions”), MrKochar.com hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, and MrKochar’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, and to allow others to do so, however, MrKochar.com will only share personally identifiable information that you have not made publicly available in accordance with MrKochar’s current privacy policy at http://www.mrkochar.com/page/privacy-policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that MrKochar.com retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to MrKochar.com does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that MrKochar.com will not be liable for any errors or omissions in any content. You understand that MrKochar.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, MrKochar.com cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

In the course of using the Services all articles/Blogs that you upload, which are not entitled to receive payment from MrKochar.com, must be original content that is exclusive to MrKochar.com for twenty (30) business days from the date of submission. MrKochar.com reserves the right to remove or delete those articles/Blogs users upload that are, in MrKochar’s sole discretion, deemed to be republished articles/Blogs that are not exclusive to MrKochar.com for twenty (30) business days from the date of submission. MrKochar.com further reserves the right to restrict your future ability to upload articles/Blogs in the event you continue to provide articles/Blogs that violate the terms of this Agreement.

In the course of using the Services to submit content to MrKochar.com for publication you agree that MrKochar.com reserves the exclusive right to choose what statements or other content that you create or post in relation to the products, coupons, information, or other materials, including without limitation, any recipes, tips, reviews, suggestions, images, audio content, or video content (collectively also, “Content”) to publish or not publish and are not obligated to provide you with a reason for rejecting your submitted content. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete the Content without notice, and for any reason we deem sufficient. The Content you submit must be your original Content and never before published by you or any third party. For any editorial Content you submit that is accepted by the MrKochar.com, you agree not to publish the Content on any other site unless we specify to you in writing that you may publish the Content on your own blog or website. You may, however, link to the Content on MrKochar.com website from your site or other sites, including, but not limited to any required promotion on various social media channels as part of the MrKochar.com. By doing so, you also agree to comply with all applicable social media sites’ and other online/mobile service policies, terms and procedures, including but not limited to those of Facebook, Twitter and Pinterest as it relates to the promotion of the Content. In submitting your Content via MrKochar.com, you are granting MrKochar.com an exclusive, perpetual, worldwide, royalty-free, transferable, license and right to use the content however we wish, including the right to sublicense this content, should we choose to accept your submission.

By using The Service you also agree that MrKochar.com and any of its sublicensees have the right to link to, independently re-publish (in whole or in part), or otherwise use the Content. You also agree that MrKochar.com and any of its sublicensees are free to attribute the Content to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes. If your Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit MrKochar.com and/or any of its partners to use and display the Content, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases, we reserve the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.

As part of the MrKochar.com you agree that should you accept a retail product, other good from a manufacturer, promoter, or any individual or entity representing such product with the expectation that you will review or comment upon such product that such review or any statements made by you regarding such product will be true, accurate, and based on your personal experience. The foregoing also applies in instances where you may be asked to write about a specific theme on behalf of a specific advertising sponsor. You also understand and agree that you are solely responsible for, and may be liable for, any false or misleading claims you make about the product or other good, its manufacturer or promoter, and that you will review and adhere to any particular restrictions or guidelines regarding product reviews and content guidelines that are set forth by MrKochar.com and/or MrKochar’s advertising partners. Finally, when promoting your MrKochar.com content submission, you must clearly and conspicuously disclose, as applicable, the type and extent of your connection to the product manufacturer or promoter and whether you have received or will receive compensation (or some other benefit) in exchange for your statements.

Under no circumstances will MrKochar.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that MrKochar.com does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. MrKochar.com shall have no obligation to monitor any User Submissions, however, MrKochar.com and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.

You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by MrKochar.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

While MrKochar.com shall have no obligation and assumes no responsibility for monitoring the Services for inappropriate Content or conduct of its users, MrKochar.com reserves the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in the sole judgment and discretion of MrKochar.com, violates the terms of this Agreement, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time MrKochar.com chooses, in its sole discretion, to monitor the Services, MrKochar.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.

MRKOCHAR.COM reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that MrKochar.com deems in its sole discretion to be an illegal or unauthorized use of the Services. MrKochar.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

You may not use the Video Player with the purpose of obtaining advertising or subscription revenue, or for any other commercial purpose, and you may not sell advertising in connection with the Services or third party User Submissions (except you may use the Video Player to show videos on an ad-enabled blog if the primary purpose of using the Video Player (as determined by MrKochar.com in its sole reasonable discretion) is not to gain advertising revenue or compete with the Services and if the advertising is not offered through the Video Player or on or through any third party User Submission). If you use the Video Player on your blog, you must include a prominent link back to the MrKochar.com website on the pages containing the Video Player and you may not modify, improve, delete or block any portion of the Video Player in any way.

 

YOUR WARRANTY

You warrant, represent and agree that you will not contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) or otherwise use the Services in a manner that

  1. infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party;

  2. violates any law, statute, ordinance or regulation;

  3. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable;

  4. misrepresents the source or identity of any content;

  5. involves commercial activities and/or sales without MrKochar’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  6. uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or

  7. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of MrKochar.com.

MRKOCHAR.COM reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MrKochar.com is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not MrKochar.com, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to MrKochar.com and to grant MrKochar.com the rights to use such information in connection with the Services and as otherwise provided herein.

Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:

  • If a comment is made using your identity or screen name it will be deemed to have been posted by you.

  • Do not post abusive, obscene, threatening, harassing, defamatory, libellous, offensive or sexually explicit material.

  • Do not make false or misleading statements.

  • Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by MrKochar.com in connection with a feature of the Services.

  • Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.

  • Do not post information that is confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.

  • Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.

RESTRICTIONS

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MrKochar.com user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.

WARRANTY DISCLAIMERS

MRKOCHAR.COM has no special relationship with or fiduciary duty to you. You acknowledge that MrKochar.com has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MrKochar.com from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MrKochar.com makes no representations concerning any content contained in or accessed through the Services, and MrKochar.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. MrKochar.com makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, colour, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from MrKochar.com or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.

THE SERVICES, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE MrKochar.com WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES.

THE SERVICES DO NOT PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE

The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from MrKochar’s licensors or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment, or for any other professional advice of any kind (including without limitation legal or financial advice). Do not ignore professional advice, or delay in seeking treatment because of anyone or anything on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 999 immediately. MrKochar.com does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services. The Content is not intended to be legal advice or form an attorney-client relationship of any kind. If you believe you have a legal claim, contact an attorney licensed in your state or country.

PRIVACY POLICY

For information regarding MrKochar’s treatment of personally identifiable information, please review MrKochar’s current privacy policy at http://www.mrkochar.com/page/privacy-policy, which is hereby incorporated into this Agreement by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by MrKochar’s privacy policy.

REGISTRATION AND SECURITY

As a condition to using some aspects of the Services, you may be required to register with MrKochar.com and select a password and user name (“MRKOCHAR.COM User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), MrKochar.com may require that your MrKochar.com User ID be the same as your user name for such third party site or service. You shall provide MrKochar.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not

  1. select or use as a MrKochar.com User ID a name of another person with the intent to impersonate that person; or

  2. use as a MrKochar.com User ID a name subject to any rights of a person other than you without appropriate authorization.

We reserves the right to refuse registration of, or cancel a MrKochar.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to MrKochar.com, and you are consenting to have the information in those accounts transmitted into your MrKochar.com account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

INDEMNITY

You will indemnify and hold MrKochar.com, its parents, subsidiaries, affiliates, officers and employees, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

To the full extent allowed by applicable law, in no event shall MrKochar.com or its suppliers, or other respective officers, directors, employees, or agents be liable with respect to the MrKochar.com website or The Services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory

  1. for any amount in the aggregate in excess of the greater of the fee paid by you therefor or £50;

  2. for any indirect, incidental, punitive, or consequential damages of any kind whatsoever;

  3. for data loss or cost of procurement of substitute goods or services; or

  4. for any matter beyond MrKochar’s reasonable control.

FEES AND PAYMENT

  1. MRKOCHAR.COM reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. MrKochar.com reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.

  2. You may be able to purchase

    1. vouchers for certain products or services available from third party businesses linked and/or related pages or

    2. a subscription. Such purchases are governed by the Gift Card/Voucher Terms of Sale and the Subscription Terms of Sale (respectively), which are detailed below.

INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by MrKochar.com, or that may be accessible by logging in through a third party website, as described more fully in our privacy policy (http://www.mrkochar.com/page/privacy-policy). You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. MrKochar.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, MrKochar.com will not and cannot monitor, verify, censor or edit the content of any third party site by using the Services, you expressly relieve and hold harmless MrKochar.com from any and all liability arising from your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Terms of Sale)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MrKochar.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MrKochar.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MrKochar.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

TERMINATION

This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. MrKochar.com may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. MrKochar.com may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

ARBITRATION AND MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MrKochar.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MrKochar’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with MrKochar’s prior written consent. MrKochar.com may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. This Agreement shall be governed by and construed in accordance with the laws of United Kingdom without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London, UK, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in United Kingdom. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MrKochar.com in any respect whatsoever.

COPYRIGHT DISPUTE POLICY

  1. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to legal.support@mrkochar.com

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  • Identification of works or materials being infringed;

  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MrKochar.com is capable of finding and verifying its existence;

  • Contact information about the notifier including address, telephone number and, if available, email address;

  • A statement that the notifier has a good faith belief that the material identified in (iii) is not authorized by the copyright owner, its agent, or the law; and

  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

  1. Once Proper Bona Fide Infringement Notification is Received by the MrKochar:

It is MrKochar’s policy:

  • to remove or disable access to the infringing material;

  • to notify the content provider, member or user that it has removed or disabled access to the material; and

  • that repeat offenders will have the infringing material removed from the system and that MrKochar.com will terminate such content provider’s, member’s or user’s access to the service.

  1. Procedure to Supply a Counter-Notice to the MrKochar:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to MrKochar.com listed below:

  • A physical or electronic signature of the content provider, member or user;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the County Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United Kingdom, for any judicial district in which MrKochar.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the MrKochar.com, MrKochar.com may send a copy of the counter-notice to the original complaining party informing that person that MrKochar.com may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MrKochar’s discretion.

Please contact MrKochar.com at legal.support@mrkochar.com to Receive Notification of Claimed Infringement.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to user.support@mrkochar.com.

DISCLOSURE

MRKOCHAR.COM aims to provide unbiased editorials. However, we wish to disclose that

  1. we receive free products from marketers that we sometimes review or discuss in our editorials, and

  2. we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

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