The following terms ("Terms of Use") constitute an agreement between Ouen Studios, LLC ("Ouen Studios") dba The Sound of Cooking ("The Sound of Cooking") - formerly HealthyFeels (“HealthyFeels”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Ouen Studios dba The Sound of Cooking ("Website"), located at https://thesoundofcooking.com/.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. The Sound of Cooking reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (such site, together with any related website, microsites or portions thereof, and any music or video services, mobile services, and/or any other content or applications found therein collectively referred to herein as the “Site”), which is operated by Ouen Studios, LLC dba The Sound of Cooking (“Company”). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
ELIGIBILITY
You are voluntarily choosing to use the Site because you want to view, read and/or hear the various materials which are available or temporarily available, for your own personal enjoyment, information and/or education.
You represent and warrant that you have not and will not use and/or view the Site in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Company shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, Company reserves the right to terminate access to the Site for any reason and to take any other actions that Company, in its sole discretion, believes to be in the interest of Company and its users as a whole.
ADVERTISING
Display Ads
We may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies. No personally identifiable information is shared with the Website's ad providers.
The Websites use Google Adsense to serve third-party advertising on the Websites. Google AdSense serves content and advertisements when you visit the Websites, which may use cookies. Google Adsense may collect IP addresses and location to serve personalized ads. If you want to opt out of display advertising, visit this link to learn more about opting out.
Retargeting Ads
From time to time, the Websites may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Websites. This means, after visiting the Websites, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Websites. We use the following third-party service providers for remarketing:
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Affiliate Program Participation
Please note that some of the links on this blog are affiliate links and I will earn a commission if you purchase through those links. I use all of the products listed and recommend them because they are companies that I have found helpful and trustworthy.
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Ouen Studios, LLC dba The Sound of Cooking is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
Trust with readers is very important to us. We strive to only recommend products with our reader’s interest in mind.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with HealthyFeels to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, The Sound of Cooking gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GENERAL DISCLAIMER
The Sound of Cooking has made every effort to ensure that all information on the Website has been tested for accuracy. The Sound of Cooking makes no guarantees regarding the results that you will see from using the information provided on the Website.
CONTENT DISCLAIMERS
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Ouen Studios dba The Sound of Cooking ("The Sound of Cooking") - formerly HealthyFeels (“HealthyFeels”) makes no representations, warranties or guarantees. You understand that results may vary from person to person. Ouen Studios dba The Sound of Cooking assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Ouen Studios dba The Sound of Cooking owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Ouen Studios' (The Sound of Cooking’s) intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to The Sound of Cooking.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Ouen Studios' (The Sound of Cooking’s) express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Ouen Studios' dba The Sound of Cooking’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Ouen Studios dba The Sound of Cooking or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Ouen Studios' (The Sound of Cooking’s) trademarks and trade dress may not be used in connection with any product or service that is not Ouen Studios' (The Sound of Cooking’s), in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Ouen Studios, LLC dba The Sound of Cooking.
From time to time, the Website will legally utilize trademarks owned by third parties related to Ouen Studios’ services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Ouen Studios dba The Sound of Cooking a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Ouen Studios dba The Sound of Cooking the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Ouen Studios (dba The Sound of Cooking) or a third party.
Ouen Studios dba The Sound of Cooking reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Ouen Studios' servers; or, (iii) hosted or published on the Website. Ouen Studios (The Sound of Cooking) takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Ouen Studios' (The Sound of Cooking’s) rights under the Terms of Use, Ouen Studios (The Sound of Cooking) does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMUNICATION
If you send Ouen Studios (The Sound of Cooking) an email, register to use the Website or provide your email to Ouen Studios in any other way, you consent to receive communications from Ouen Studios (The Sound of Cooking) electronically. You agree that all legal notices provided via electronic means from Ouen Studios (The Sound of Cooking) satisfy any requirement for written notice.
THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by Ouen Studios (The Sound of Cooking). You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Ouen Studios dba The Sound of Cooking assumes no control or liability over the content of any third-party sites. You expressly hold harmless Ouen Studios dba The Sound of Cooking from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Ouen Studios dba The Sound of Cooking harmless from any and all liability in any dispute.
NO WARRANTIES
The Website are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Ouen Studios dba The Sound of Cooking makes no representations or warranties in relation to the Website or the information and materials provided therein.
Ouen Studios dba The Sound of Cooking makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Ouen Studios dba The Sound of Cooking is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
Ouen Studios dba The Sound of Cooking will not be liable for any consequential, incidental, indirect, exemplary, punitive or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages.
INDEMNITY
You agree to defend, indemnify and hold Ouen Studios dba The Sound of Cooking, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Ouen Studios dba The Sound of Cooking suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Los Angeles County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Ouen Studios' (The Sound of Cooking’s) prior written consent, however, the Terms of Use may be assigned by Ouen Studios dba The Sound of Cooking in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Ouen Studios dba The Sound of Cooking.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Ouen Studios (The Sound of Cooking) and to your email address.