Welcome to CREME (“CREME”, or this “Platform”), a mobile application, including any associated websites, domains, other media properties and applications, owned, managed or operated by CREME (“we”, “us” or “our”). These Terms of Use and the Privacy Policy apply to visitors, users and others who access this Platform. These Terms of Use explain the terms by which you may use our Platform and our services. By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”) whether or not you have registered to create an account. These Terms of Use and our Privacy Policy create the terms of your and our agreement whenever you use this Platform.
Please read these Terms of Use carefully before you start to use this Platform. By accessing or using this Platform and/or purchasing a subscription or by uploading content to our Platform in accordance with these Terms of Use or otherwise, you agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Platform.
CREME provides this Platform to users seeking cooking content, cooking tutorials and other content (“Users”), provided by individuals or companies including chefs, restaurants and/or other third-party content providers and their production partners (“Content Providers”) (collectively such services, including any new features and applications and the Platform, the “Services”). The term “you”, “You”, “User” or “Users” shall refer to Users, or any other person or entity who views, uses, accesses or submits any content to this Platform.
1.2 Age Restriction - Not Intended for Children Under the Age of 13. If you are not at least 13 years old, do not use this Platform**.** If you are between the ages of 13 and 18, we rely on your confirmation to us, at the time of checkout, that, if you are using this Platform or purchasing a subscription to this Platform, you have the permission of a parent or guardian to do so. If you do not have such permission, then do not use this Platform.
1.3 Geographic Restrictions. We are based in Delaware in the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws. Our Platform and the applicable data is subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. You agree to comply with all local laws and rules regarding your use of Platform, including online conduct and acceptable content.
1.4 Changes and Updates. We reserve the right to amend these Terms of Use and our Privacy Policy at any time and without prior notice. If we do so, we will post the amended Terms of Use and/or Privacy Policy and indicate the date such was last revised at the top of the Terms of Use or the Privacy Policy, as the case may be. Your continued use of this Platform after any such changes are made shall evidence your acceptance of the new Terms of Use and Privacy Policy. If you do not agree to any changes or additions to these Terms of Use, do not continue to use or access this Platform.
2.1 Use of Service. The CREME Services and any content viewed through the Platform is solely for your personal and non-commercial use. With a subscription, we grant you a limited, non-exclusive, non-transferable license to access the CREME content and view content through the Service on a streaming only basis for that purpose. Except for that limited license, no other right title or interest shall be transferred to you. You agree to not use Platform content for public performances except that you shall be entitled to share specified content on your social media channels which content shall always be designated as “shareable” on the Platform in accordance with Section 4.1 and Section 6.7. CREME may revoke Users’ license at any time in its sole discretion.
2.2 Use of Your Account.** You are responsible for all activity on the Platform from your account and through the use of your credentials. Be sure to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your credentials or other personal information. To the fullest extent allowed by law, you are responsible and liable for any security breaches that occur with respect to the Platform as a result of your account and/or use of your access credentials, or through malicious code embedded in any content that you post on this Platform.
2.3 Registration. You may be required to register for an account with CREME in order to access Services. If you choose to register for an account, you will be asked to provide to us certain personal information at the point of collection (see our Privacy Policy for more information.) If you think someone else has compromised your account or taken your credentials without permission, please alert us immediately at [email protected]. If we think you or someone else is using this Platform or your account in a way not allowed by these Terms of Use, we have the right to disable your account or other credentials you set up at any time
2.4. Accessing the Platform; Modifications of Service. We reserve the right to withdraw or amend any material we provide on this Platform in our sole discretion. We will not be liable if for any reason all or part of this Platform is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of this Platform, or the entire Platform, to users, including any registered users. You agree that CREME will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of your account or content for any period of time beyond what may be required by applicable law.
2.5. Use and Storage. You acknowledge that CREME may establish general practices and limits regarding use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on CREME’s servers on your behalf. You acknowledge that CREME has no responsibility or liability for the deletion or failure to store any data or content. You acknowledge that CREME reserves the right to terminate accounts that are inactive for an extended period of time.
2.6 Mobile Services.** The Service may include certain services that are available via a mobile device (the “Mobile Services”), including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Services and the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. In the event you change or deactivate your mobile phone number, you agree to promptly update your CREME account information to ensure that your messages are not sent to the wrong person.
3.1 Fees Generally. Any User who wishes to subscribe to a Service shall be required to select a payment plan and shall pay for such payment plan through the Apple Store or Google Store (Apple Store and Google Store, the “third party processors” and any such account a User has, an “External Account”). To the extent that you provide any third-party processor with information regarding your credit card or other payment instruction, you represent and warrant that such information is true and that it is authorized to use the payment instruction. You will promptly update your account information with any applicable changes in accordance with this Terms of Use. You hereby authorize CREME to cause third party processors to bill your payment instrument in accordance with the terms of the applicable payment plan (including applicable taxes) until you terminate your account. We reserve the right to change CREME’s Service prices. Continued use of the Service after the change in price becomes effective constitutes your agreement to pay the changed amount. Any dispute in charges must be submitted to CREME within 60 days of such charge. You will be responsible for all taxes associated with the Services other than US taxes based on CREME’s net income.
3.2 Auto Renewing Subscriptions. If you select a Service with an auto renewing subscription (“Renewing Subscription”), you authorize CREME to maintain your account information and charge your account automatically upon the renewal of service with no further action by you.
In the event that CREME is unable to charge your account as authorized by you, CREME, may, in its discretion (i) bill you and suspend service until payment is received, and/or (ii) seek to update account information through third party sources (bank or payment processor) to continue charging your account in accordance with subscription.
Prices for Renewing Subscriptions may change from time to time. CREME will communicate any price changes in advance. Such price changes will automatically become effective at the start of the next subscription period. As permitted by local law, you accept the new price by continuing to use the Renewing Subscription after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by canceling your Renewing Subscription before the price change goes into effect.
You may cancel a subscription at any time, but payments previously made are non- refundable and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Services until the end of your current subscription period.