Terms and Conditions
January 2022
1. Acceptance of Terms
These Terms and Conditions (the “Terms”) form a legal agreement between you and Lonestar Kemah Ventures LLC d/b/a Eculent.com and all of its respective subsidiaries, affiliates, and contractors, (together and hereafter “Eculent.com”). By using Eculent.com, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Eligibility
You must be of the age of majority in your jurisdiction of residence or older to be eligible to use the site or request any products or services. By using the site, you represent and warrant that you (a) are of the age of majority in your jurisdiction of residence or older, (b) have the right, authority and capacity to agree to and abide by these Terms, (c) have not been previously banned or removed from the site or will participate in any activity that may result in a ban or removal from the site.
3. Access and Use of Eculent.comProducts, Services and Content
Subject to your compliance with these Terms, Eculent.com grants you access to the site and use and/or purchase of any products (e.g., primarily Eculent related merchandise, performance tickets, Non-Fungible Tokens [“NFT”], etc.) and services offered only for lawful purposes. The site, and all content and other materials available through Eculent.com are proprietary property of Eculent.com and are protected by CTexas, United States and international copyright, patent and trademark laws.
You shall not (a) sell, resell, transfer, or use commercially any of the Content (e.g., recipes, images or likeness), (b) distribute or communicate (including by telecommunication), publicly display, or publicly perform any Content, (c) alter or make any derivative uses of the Content or any portion thereof (d) modify, adapt, or hack the site, or otherwise attempt to gain unauthorized access to the Eculent.com related systems or networks (e) use the Content other than for their intended purposes and (f) use any data mining, screen scraping or similar data collection or extraction methods. Any use of the Content other than as explicitly approved herein, without receiving Eculent.com’s written permission, is strictly prohibited and will automatically terminate your authorized use of the site and any offered services. Nothing in these Terms shall be interpreted as conferring any license or right to any copyright, patent, trademark or other proprietary rights of Eculent.com or any third party.
4. Registration and Account Standards
By signing up to the mailinglist or for any informational material you agree to (a) give accurate, current, and complete information about yourself, and (b) maintain your account information and update it when necessary.
5. Permission to Contact You
By providing us with your information, you agree to allow Eculent.com to contact you via text, SMS, social media, phone and email.
6. Lawful Basis for Collecting and Processing Data
Eculent.com shall have the ability collect, use, store and disclose (for the limited purposes hereunder) your personal information in order to provide the information, products and services offered (and to share with Chef David Skinner related social media sites such as Facebook, Instragram, Twitter and YouTube).
If you request information, products or services from Eculent.com, the following personal information may be collected:
Eculent.com may collect your name, email address, gender, age, occupation, phone number, and your geographic location.
Personal information requirements may change at any time. Eculent.com will give you appropriate notice when information shall be updated, or new information will be required to remain in the Eculent.com system. By providing Eculent.com with updated personal information, you explicitly provide your consent for Eculent.com to use that information to provide you with the information and any offered products or services.
Eculent.com my disclose personal information collected to third-parties in order to provide information, products and services you have requested. As applicable, Eculent.com has contracts with third-party processors that forbid them from using or disclosing personal information except as necessary to execute the informationexchange, products or services you may request or to fulfill legal obligations.
By using the Website (“site”) , you acknowledge that you have read, understood, and agree that Eculent.commay collect, use, store and disclose your personal information in order to provide the information and any offered products or services.
7. Individual’s Data Rights
Please refer to our Privacy Policy.
8. User Rules of Behavior
As a condition of use of the site, you unconditionally agree to abide by these User Rules of Behavior and not use the site for any purpose that is prohibited. You shall not:
· Take action that is unlawful, threatening, harassing, deceptive, fraudulent, invasive of another’s privacy, or is otherwise inappropriate as determined by Eculent.com in its sole discretion
· Provide false or misleading information
· Use or endeavor to use another person’s or entity’spersonal information
· Impersonate any person or entity
· Harvest, data mine or attempt to collect any personal information about others, including email
· Use the information or any offered products or services for the purposes of infringing on privacy rights, property rights or any other kind of rights of any person, company, or institution
· Use the information or any offered products or services for any commercial purposes (except as otherwise permitted hereunder such as NFT resale) including, but not limited to, advertising, distribution, promotion including chain letters, junk email or repetitive message to anyone
· Distribute, promote or otherwise publish any kind of malicious code, viruses of any kind, or any other item or communication that may cause harm to the site or to another user’s or service provider system in any way
· Reverse engineer any aspect of the site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content
· Attempt to circumvent any content-filtering techniques the site employs or attempt to access any feature or area of the site that you are not authorized to access
· Use any sort of automated means (e.g., bots) or interface not authorized to access the site, extract data or otherwise interfere with or modify the rendering of site pages or functionality
9. Disclaimer of Warranties
ECULENT.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND ECULENT.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. YOU ACKNOWLEDGE THAT ECULENT.COM DOES NOT WARRANT THAT THE INFORMATION OR ANY OFFERED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR DELAYED (DUE TO A FORCE MAJEURE EVENT, OR OTHERWISE), TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION OR ANY OFFERED SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE INFORMATION OR ANY OFFERED SERVICES WILL BE CORRECTED.
10.Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE) SHALL ECULENT.COM, LONE STAR KEMAH VENTURES, LLC, ALL OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, LICENSORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSEES, DISTRIBUTORS, MANUFACTURERS, DIRECTORS, OFFICERS AND EMPLOYEES (collectively, the “ECULENT.COM”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS, LOSS OF REVENUE, LOSS OF DATA OR CONTENT, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OR DECREASE IN VALUE OF ASSETS OR SECURITIES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE ECULENT.COM SITE, ANY INFORMATION CONTAINED ON THE SITE, ANY OFFERED PRODUCTS OR SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, ERROR OF INFORMATION, INCORRECT INFORMATION, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE (BUT WEBSITE SHALL USE REASONABLE EFFORTS TO CURE ANY DEFECT IN MERCHANDISE UNDER ITS CONTROL WITH A REPLACEMENT OR REFUND).
THE LIMITATION ON ECULENT.COM’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT ECULENT.COM HAS OR HAD BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ANY EVENT, UNDER NO CIRCUMSTANCE SHALL ECULENT.COM OR LONE STAR KEMAH VENTURES, LLC BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID BY YOU TO ECULENT.COM, LONE STAR KEMAH VENTURES, LLC OR ANY ENTITY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the limitation may not apply to you. IN THESE JURISDICTIONS, ECULENT.COM AND LONE STAR KEMAH VENTURES, LLC LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Indemnification
Your use of the site and any information, offered products or services constitutes your express agreement to indemnify, defend and hold harmless the Eculent.com and Lone Star Kemah Ventures, LLC (AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, LICENSORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSEES, DISTRIBUTORS, DIRECTORS, MANUFACTURORS, OFFICERS AND EMPLOYEES) as listed under “Limitation of Liability” above (collectively, the “Indemnified Parties”) from and against any and all claims, complaints, demands, actions, suits and proceedings by any person, including any regulatory authority (each a “third party claim/proceeding”) and all resulting liabilities and obligations (including damages, administrative monetary penalties, financial sanctions, settlement payments, expenses and costs, including lawyer’s fees) arising from, connected with or relating to any of the following: (a) the use by or on behalf of you of any offered products or services; (b) your reliance on any information contained in the site, or (c) any negligence, misconduct or breach of this Agreement, or any actual or alleged violation of any applicable law or infringement of any rights, by or on behalf of you or any other person for whom you are responsible under this agreement or at law. Eculent.com and Lone Star Kemah Ventures, LLC retains the right to participate (with counsel of their own selection at their sole cost and expense) in the defense of, and settlement negotiations relating to, any third party claim/proceeding (and you cannot accept liability on Website’s or a Website affiliated party’s behalf without its written permission).
12. Modification of the Terms
Eculent.com reserves the right, at any time, to make changes or modifications to these Terms without notice. Such changes will become effective upon its publication on Eculent.com website. If you continue to use the site or any offered services after the date which it has been changed and published, the continued use shall be deemed to constitute acceptance of any such changes. You agree to review these Terms periodically to be aware of any such revisions.
13. Third Party Services
Eculent.com will never sell, rent, distribute or disclose any of your personal information to any Third Parties, except in an effort to provide you with the information, products or services you have requested. For further information on Third Party Services Providers, please refer to our Privacy Policy. From time to time, Eculent.com may provide you with access to third-party websites, networks, software, databases, applications, products, systems, servers, or services (collectively referred to as “Third Party Websites”). Eculent.com has no control over Third Party Websites, and the Company makes no representations or warranties of any kind concerning such Third Party Websites, including, without limitation, concerning their completeness and accuracy.
You acknowledge and agree that your interactions with Third Party Websites are solely between you and such third parties. Eculent.com is not responsible or liable in any matter for such interactions.
You may opt-out of receiving marketing communications by following the unsubscribe instructions in any of our emails or by contacting us at eat@eculent.com
14.Governing Law
These Terms and Conditions shall be governed by the laws of the State of Texas without regard to its conflicts of law principles. You hereby agree that any and all disputes and causes of action arising out of or connected with the Information, Products or Services shall be governed by the substantive laws of the State of Texas.
15. Severability
If any term, clause or provision in these Terms is held invalid or unenforceable, then it will be severable from these terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision contained in these terms.
16. Termination
These Terms and Conditions are effective unless and until terminated by either you or Eculent.com. You may terminate these Terms at any time by discontinuing your use of the site. Eculent.com reserves the right, in its sole discretion and without notice, to terminate or suspend your right to use the site or any offered products or services, at any time and for any or no reason. You acknowledge and agree that Eculent.com(or any Website affiliated party) shall have no liability or obligation to you in such event.
17. Privacy Policy
Please refer to Eculent.com’s Privacy Policy to understand how Eculent.com collects, uses and discloses user information
18. Entire Agreement
These Terms constitute the entire agreement between you and Eculent.com with respect to your access and use of the site and any offered Products or Services. These Terms or any rights and licenses granted in them, may not be transferred or assigned by you without the prior written consent of Eculent.com (unless otherwise permitted hereunder). Any failure on Eculent.com’s part to exercise or enforce any part of these Terms shall not constitute a waiver of any portion of these Terms and the Company reserves the right to enforce any part of these Terms at any time.