Effective December 6, 2023

Terms of Service

The website https://www.cookingcreators.com (hereinafter “Site”) and any content therein (defined below) is owned and operated by Supreme Video Productions Inc. (hereinafter “We” “Us” “Our”). Your continued access, use of the Site, or purchase of any Courses available for sale on the Site indicates you, the visitor, customer, purchaser, and/or buyer (hereinafter “you” “your”) agree to the following Terms of Service and Privacy Policy (collectively, the “Terms”).

The Terms form a legally binding agreement between you and us—regardless of whether or not you read them. Please take the time to read them carefully.

If you are under age 18, you may only use the Site with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. 

PLEASE BE ADVISED THAT YOU ALSO WAIVE CERTAIN LEGAL REMEDIES SUCH AS A TRIAL BY JURY AND CLASS ACTION LAWSUIT PURSUANT TO SECTION 17. UNDER THE TERMS YOU AGREE TO SUBMIT ANY DISPUTES TO MEDIATION AND ARBITRATION.

1.  Term and Survival
   
   These Terms shall be effective as of the Effective Date listed above and shall remain in effect for so long as you use or access the Site (the "Term"). Upon termination of the Term, you shall no longer be permitted to use or access Our Site or any account you create to access Our Courses, guides, resources, communities, or other materials We offer for sale or publish on Our Site. The terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Warranties, Limitation of Liability, Dispute Resolution and Waiver of Class Action, Non-disparagement, and Severability, shall survive termination.

2.  Changes to the Terms and Your Obligation to Check Back for Updates
   
   From time to time, We may update the Terms of Service and Privacy Policy to our Site without notice. As such, you acknowledge and agree that you are responsible for checking the Terms for any updates or amendments. By continuing to use Our Site and accessing the Content contained therein, you agree to be bound by the most updated version of these Terms and conditions, even if you have not read them. 

3.  Your Access to Our Site
   
   Our Site contains images, resources, Courses, written works, images, logos, or designs, blog posts, guides, and other materials that are unique assets belonging to Us or We have obtained the appropriate consents, licenses, or permissions to feature on Our Site (collectively, the “Content”). Your purchase, download, or access to the Content available on Our Site only permits you to do so for personal use only, which We can revoke at any time. In other words, your Course purchase and access to the Content in no way conveys or transfers any rights to the Content or any other proprietary information, trademark, or logo provided or contained in the Content. This also includes, but is not limited to, modifying, creating derivative works of, copying, redistributing, or adapting any of the Content for commercial use.
   
   Accordingly, We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages. For the avoidance of doubt, you accept that you are not authorized to use the Content in a manner that infringes on Our rights or in a manner that has not been authorized by Us through Our prior written consent.

4.  Content that you may post or share with Us and your release
   
   a) Any information or feedback you share, transmit, or publish on Our Site, including the Discord community, comments section of any course lessons, community comments sections, discussion boards, or other forums We facilitate are, by design open to the public or at the very least open to other people participating in or accessing these forums. By submitting your comments, you agree that such submission is non-confidential for all purposes. It is your obligation to confirm that any information you voluntarily share on Our Site’s public forums does not violate any privacy laws, or breach any confidentiality obligation you have.
   
   b) By participating or accessing our Discord community, you agree to abide by the community guidelines We set. We also reserve the right to suspend, terminate or restrict your access to Our Site and Discord Community with or without notice.
   
   c) By posting any information you share on the Site, you grant Us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to your comments, which includes without limitation the right for Us to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed, any comment posted by you on or to the Site, including any content you post on or to the Site through a third party.
   
   d) If you submit a testimonial, you represent and warrant that the content of your testimonial is true and accurate. By agreeing to submit a testimonial about any of Our Courses, you understand and acknowledge that it is non-confidential for all purposes. This includes your personally identifiable information you include in your testimonial, such as your first name, last name initial, social media handle, picture and other identifiable details you include in your testimonial. Accordingly, you grant Us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to your comments, which includes without limitation the right for Us to use, copy, transmit, excerpt, publish, distribute, publicly display, communicate to the public, create derivative works of, modify and adapt in any form or media now known or hereinafter developed in your testimonial along with your name, image likeness, and other biographical data you share with Us.
   
   e) We make no representation, endorsement, or guarantee regarding the veracity, accuracy or reliability of third-party comments or content posted in the comments section or elsewhere on Our Site. While We have no obligation to remove any content posted by third parties, We do reserve Our rights to remove, delete, or hide any content on Our Site for any reason without notice, in Our sole discretion.
   
   f) TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF OUR SITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (PUNITIVE, ACTUAL, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
   
   5. Prohibited Uses
   
   g) You agree to not engage in the following prohibited conduct while accessing the Site:

• Access or use Our Site if you are not fully able and legally competent to agree to these Terms or are not authorized by your parent or legal guardian;
• Violate Our legal rights or rights of third parties, including, but not limited to intellectual property rights, publicity rights, privacy rights or any other rights under applicable law;
• Interfere with or attempt to interfere with the proper working of Our Site, disrupt Our Site or any networks connected to Our Site, bypass any measures We may use to secure Our Site, or gain access to Our data or Our Site’s data;
• Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;
• Publish any material that is deliberately designed to provoke or antagonize people or is intended to harass, threaten, harm, hurt, scare, distress, embarrass or upset people; or
• Publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
  
  h) We reserve the right, at any time and without prior notice, to remove or disable access to any comments or pages within Our Site at Our discretion for any reason or no reason, including, but not limited finding the content objectionable, in violation of these Terms or otherwise harmful to Our Site, Our business partners, or other visitors or users. 
  
  6. Course Account
  
  a) Once your purchase is processed (meaning your method of payment was completed, not declined or otherwise rejected during checkout), you will receive an email confirmation of your purchase, which will include next steps to access the Course. If you do not receive an email confirmation after purchasing, please email the contact listed below.
  
  b) Access to Our Course may require you to create a unique username and password to log in (“Your Account”) on Our Site. By creating Your Account, You agree to treat Your Account as a piece of confidential information; to not disclose (or share) Your Account details with any third party. Accordingly, you agree to take all necessary precautions to ensure the security of Your Account including, but not limited to, keeping the login information in a secure place, logging out after each session, and notifying Us when there is any unauthorized access to Your Account.
  
  c) We have the right to disable Your Account, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Terms.
  
  7. Affiliate Links
  
  From time to time, We receive a small commission and other forms of compensation from partnering with brands, suppliers, and other business affiliates We trust. This includes, but is not limited to various advertising, sponsorship, affiliate links, and promotional campaigns that We feature on Our Site and/or provide in connection with Our Content. In those instances, We will disclose Our relationship with those partners, brands, suppliers, or affiliates with you. If you ultimately decide to purchase through Our affiliate links, We may receive compensation because of that purchase.
  
  8. Purchases
  
  a) Your purchase of any courses, memberships, course, guides, downloads, or other products and materials accompanying each (the “Courses”) offered for sale the Site are made electronically through a third party payment processor of Our choice. Please be advised that by completing any purchase of Our Courses using a third-party payment processor, you will be subject to that payment processor’s terms and conditions as well as their privacy policies. Therefore, you agree to release Us from any claims, damages or disputes arising from using Our third-party payment processor to purchase Our Courses, including any Charges (defined below) that you incur as a result of your purchase.
  
  b) By purchasing Our Courses you agree that: (i) We, through a third party payment processor of Our choosing, may charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your order; (ii) to provide current, complete and accurate purchase and account information; (iii) to promptly update your information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed; and (iv) to bear any additional charges, including, but not limited to, taxes, overdraft fees, and, where applicable, foreign service charges your bank, credit card company or financial service provider may levy against you as a result of your purchase on Our Site( the “Charges”). For the avoidance of doubt, We are not responsible for said Charges. You agree to release Us from any disputes, claims, or controversies regarding said Charges and agree that those claims will be resolved with your financial service provider.
  
  c) In the event that your payment is refused or declined, We reserve the right to disable Your Account until your payment is processed or terminate your access to Your Account in perpetuity. Your obligation to pay any outstanding balance due under a payment plan shall survive termination of this Agreement or your access to Your Account even if your payment is later declined.
  
  d) Notwithstanding the foregoing, We may reserve the right to not process or reject your order in certain circumstances such as, your payment method is declined, if We suspect your order is fraudulent, or in other circumstances We deem appropriate in Our sole discretion. 
  
  9. Refund Policy for Courses and Refund policy for Bundle Customers. 
  
  a) NOTICE TO PRELAUNCH & BLACK FRIDAY CUSTOMERS: If you purchased an individual Course or Bundle during our Prelaunch or Black Friday sale, you must demand a refund within 30 days of accessing a Course. If you purchased a Bundle on Our Site, please be advised that you will not receive a refund until the release of the Professional Course. As a Bundle customer, your access to the Smartphone course was included as a bonus to your purchase. Therefore, if you purchased a bundle, you must demand a refund within 30 days of accessing the Professional Course (which is expected to launch in summer 2024).
  
  b) For all other customers who purchased a Course after November 28, 2023: Customers who purchase individual Courses, must request a refund within 30 days from the date of purchase to receive a full refund.
  
  c) You must submit your refund request to [email protected] within the refund period.
  
  10. No Chargebacks
  
  You acknowledge that no chargebacks shall be allowed for the Course purchases or other purchases made on our Site. In the event that Honeybook, PayPal, Venmo, Stripe, or any other third-party payment service grants a refund or chargeback in contravention of this Agreement, You shall take all necessary steps and execute all necessary documents to reverse such refund or chargeback. You acknowledge and agree your access to your Course Account and Course(s) shall be sufficient proof that the service was rendered pursuant to this Agreement or justification for reversal of said chargeback or refund, regardless of whether You authorized the chargeback or refund. You further agree to not authorize any chargebacks for any products, Courses, or services rendered by Company.
  
  11. Contact
  
  Please submit all questions or refund requests to: [email protected]
  
  12. Course Descriptions and Access
  
  a) From time to time, We may, in Our sole discretion, alter the Courses, Course descriptions, and pricing without notice. Additionally, We may discontinue the Courses at any time, but will provide reasonable notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the Courses.
  
  b) If a Course becomes available at a reduced price or is discounted after you purchased the Course, We will not refund you for the difference or honor any discounts for Courses you already purchased.
  
  c) We may elect to host Our Courses on a different Platform, in which case We will provide reasonable notice to update or move Your Account to the appropriate platform. We shall not be liable to you or to any third-party for your failure or refusal to change Your Account or move Your Account to the appropriate platform. For the avoidance of doubt, You will not be entitled to a refund in this instance.
  
  13. Warranties
  
  WE PROVIDE OUR WEBSITE, AND ALL CONTENT THAT’S AVAILABLE THROUGH OUR WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
  
  14. Limitation of Liability
  
  a) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WE NOR OUR AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE OR SHOP.
  
  b) ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.
  
  15. Indemnity
  
  You agree to defend, indemnify, and hold harmless us, Our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of (i) a breach of your obligations, representation and warranties under these Terms or any law or regulation; (ii) your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between you and a third party. 
  
  16. Dispute Resolution and Waiver of Class Action
  
  a) Any dispute, controversy, demand, or claim arising out of or relating to the Terms, the breach thereof, or the Courses, by submitting a written request for mediation to the other Party and JAMS no later than one (1) year from the date you purchased a Course via the Site. Failure to submit a written request for mediation within one (1) year of purchase shall be precluded by this provision, regardless of whether or not the claim has accrued at that time.
  
  b) If the Parties cannot resolve a dispute through mediation, the Parties shall proceed with arbitration and submit any disputes or controversies relating to this Agreement to JAMS. For the avoidance of doubt, the Parties must attempt to settle any disputes, claims or controversies through mediation before proceeding with arbitration.
  
  c) Any mediation, arbitration hearing or in-person meeting required under this section shall be held in Hawaii. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. They will participate in the mediation in good faith and that they will share equally in the costs of the mediator or, where applicable, arbitrator.
  
  d) By agreeing to this dispute resolution procedure, the Parties waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. Notwithstanding the foregoing, injunctive relief may be immediately sought without resorting to alternative dispute resolution to prevent irreparable harm that would be caused by a breach of this Agreement. Furthermore, nothing in this Article shall prevent a Party from terminating this Agreement in accordance with the terms thereof notwithstanding this Article or any then-pending dispute resolution process.
  
  e) YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND AGREE TO LITIGATE THIS IN YOUR INDIVIDUAL CAPACITY. THIS PROVISION SHALL SURVIVE TERMINATION OF THE TERMS.
  
  17. Severability
  
  If any provision of these Terms are held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
  
  18. No Waiver
  
  Our failure to insist on strict compliance with any of the terms, covenants, or conditions of these Terms will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
  
  19. Effect of Headings
  
  The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.