Terms of Use

In order to access or use this web site you must first read and accept these terms of use. If you are accessing this web site as an employee or representative of a company or organization, these terms of use are binding upon both you individually and that company or organization, and references to “you” or “your” shall apply to you individually and such company or organization.

LAST REVISED: December 2, 2013

Website Terms Of Use

The following terms and conditions apply to all visitors to or users of www.cookstr.com (“the Web Site”), including participation in its bulletin boards, forums, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by Cookstr, LLC (“Cookstr”). By accessing or using the Web Site, you accept and agree to be legally bound by these Terms of Use and any additional terms and conditions presented on the Web Site, including, but not limited to, those that relate to data privacy provided in the Privacy Policy, or specified Web Site Content, such as terms of sale, or other terms relating to transactions or activities with respect to products or services (“Additional Terms”). To the extent that there is any conflict or inconsistency between these Terms of Use and any Additional Terms respecting specific Web Site Content, the Additional Terms shall govern with respect to such Web Site Content.

You may not access or use the Web Site if you (a) do not agree to these Terms of Use or (b) are prohibited from accessing or using the Web Site or any Web Site Content by applicable law. Cookstr reserves the right to change these terms and conditions from time to time at its sole discretion with or without prior notice. Your continued use of the Web Site after a posted change in these terms and conditions will constitute your acceptance of and agreement to such changes. Accordingly, you are advised to visit this page regularly in order to keep informed of any changes in these terms and conditions. In the case of any violation of these terms and conditions, Cookstr reserves the right to seek all remedies available for such violations, whether by law, in equity or otherwise.

Your failure to follow these Terms of Use may result in suspension or termination of your access to the Web Site, without notice, in addition to other remedies available to Cookstr.

Your agreement to these Terms of Use is personal to you and may not be assigned without the prior written consent of Cookstr.

Disclaimer Of Warranties; Limitation Of Liability

Although Cookstr has attempted to provide accurate information on the Web Site, it is your responsibility to review the information and determine its accuracy and applicability to you as an individual. Cookstr assumes no responsibility for, and makes no representation or warranty of, the completeness, accuracy, reliability, timeliness or currency of the Web Site or any Web Site Content. Under no circumstances will Cookstr be liable for any loss or damage, of any nature, caused by your reliance on, or use of information from, the Web Site. Cookstr may change products or services mentioned at any time with or without notice.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE ADDITIONAL TERMS WITH RESPECT TO SPECIFIC SUBJECT MATTER OR AGREED TO BY COOKSTR IN WRITING:

  • THE WEB SITE, AND ALL INFORMATION, DATA, MATERIALS AND OTHER CONTENT (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND SOFTWARE) PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE WEB SITE OR ANY WEB SITE CONTENT, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF COOKSTR, ITS AFFILIATES AND ITS LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT; OR WITH RESPECT TO THE OPERATION OR USE OF THE WEB SITE; OR OF THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, CURRENCY OR TIMELINESS OF ANY WEB SITE CONTENT; OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE.
  • NEITHER COOKSTR, NOR ANY OF ITS AFFILIATES OR LICENSORS, REPRESENTS OR WARRANTS THAT THE WEB SITE, OR ANY WEB SITE CONTENT, SERVICES OR SOFTWARE INCLUDED ON OR OTHERWISE AVAILABLE TO YOU ON OR THROUGH THE WEB SITE, OR ANY SERVERS HOSTING THE WEB SITE OR ANY WEB SITE CONTENT, OR ANY E-MAIL SENT BY OR ON BEHALF OF COOKSTR, ARE OR WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE OR FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF THE WEB SITE OR ANY WEB SITE CONTENT, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEB SITE OR ANY WEB SITE CONTENT WILL BE CORRECTED.
  • NO ADVICE, STATEMENT OR INFORMATION BY OR ON BEHALF OF COOKSTR, OR ITS AFFILIATES OR LICENSORS, WHETHER IN ORAL, WRITTEN OR OTHER FORM, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
  • ALL ACCESS TO AND USE OF THE WEB SITE OR OF ANY WEB SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA, THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR ANY WEB SITE CONTENT.
  • NEITHER COOKSTR NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND ARISING FROM OR IN CONNECTION WITH (A) THESE TERMS OF USE OR ANY OF THE ADDITIONAL TERMS, OR (B) THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, OR (C) ANY RELIANCE ON, USE OF, OR INABILITY TO USE THE WEB SITE OR ANY WEB SITE CONTENT, SERVICES OR SOFTWARE PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE WEB SITE OR ANY WEB SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS, BUSINESS OPPORTUNITIES OR REVENUES, LOSS OF GOODWILL OR REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, ANY LOSS, DELETION OR CORRUPTION OF, OR DAMAGE TO, HARDWARE, SOFTWARE OR DATA, ANY INCONVENIENCE OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED OR MULTIPLE DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR COOKSTR OR ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  • WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, COOKSTR WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT, OR ANY LINE FAILURE.
  • THE INFORMATION PROVIDED IN THE WEB SITE IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE WEB SITE SHOULD NOT BE USED AS A FORUM OR VIEWED AS A SOURCE TO DIAGNOSE, CURE OR TREAT ANY MEDICAL OR OTHER CONDITIONS, INCLUDING BUT NOT LIMITED TO EATING DISORDERS, DIET OR OTHER HEALTH OR MEDICAL RELATED ISSUES. ALL INQUIRIES REGARDING YOUR HEALTH, DIET OR OTHER MEDICAL ISSUES SHOULD BE DIRECTED TO A QUALIFIED HEALTH CARE PROFESSIONAL.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS OR CATEGORIES OF DAMAGES, CERTAIN OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COOKSTR’S WARRANTIES, CONDITIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

Access To And Use Of Content – Limited License

You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the screens and materials on the Web Site and to print only such limited number of hard copies of discrete excerpts of those screens and materials as is needed for your own internal, non-commercial, non-public use in order for you obtain information presented on or through the Web Site (the “Web Site License”). Permitted access to and use of the Web Site is limited to your viewing the Web Site solely to access information displayed thereon. You are not permitted to download any Web Site Content. You are also not permitted to copy/paste any Web Site Content from the Web Site for use in any manner.

You acknowledge and agree that the Web Site Content contains certain Cookstr confidential and proprietary information, and that you will not use or disclose such Cookstr Confidential Information except as and to the extent expressly permitted by these Terms of Use.

Any access to or use of any screens, pages, text, graphics, designs, images, artwork, information, recipes, software, code, scripts, output, materials or other content available on or through the Web Site, or any collection, compilation, selection or arrangement thereof, including, but not limited to, the recipes, recipe photographs, chefs’ names, chefs’ photograph or other material displayed on the Web Site (the “Web Site Content”), in any manner, to any extent, by any means, in any medium or for any purpose other than those expressly permitted in the Web Site License is expressly prohibited without the prior written consent of Cookstr.

Your Web Site License is subject to the terms and conditions of these Terms of Use, including, without limitation, the Obligations and Restrictions set forth below. No right, license or permission is granted to you by these Terms of Use other than those expressed herein, including, but not limited to, any license or permission to copy, reproduce, distribute, publish, transmit, download, display in public, or modify the Web Site or any of the Web Site Content in any manner, to any extent, by any means, in any medium or for any purpose.

Obligations And Restrictions

You must be over the age of thirteen (13) to register as a visitor of the Web Site or otherwise submit or provide any personally identifiable information to Cookstr.

By your access to or use of the Web Site or any Web Site Content, you agree that you will not yourself, and will not induce, assist, or cause others to, directly or indirectly, for any purpose, to any extent, by any means or in any form, format or medium whatsoever, whether now known or hereafter developed (including, but not limited to, via the Internet or any other public or private computer, communications or data network):

  • download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Web Site or any Web Site Content, in whole or in part (except that you may exercise the limited rights to access, view and print in accordance with the terms and conditions of the above Web Site License);
  • disassemble, decompile, reverse engineer or otherwise attempt to derive or extract the source code of any of the software comprised by the Web Site or any Web Site Content;
  • access, use, disclose, publish, transmit, display, distribute or provide or permit access to, in any way for any public or commercial purpose, the Web Site or any Web Site Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials thereof;
  • collect, compile or recompile any Web Site Content, including, but not limited to, any recipes, photographs, product listings, descriptions, references, images, terms of purchase or sale, prices or other data, information or other content obtained or derived from or through the Web Site;
  • disclose, publish, transmit, display, distribute, or provide or permit access to any user name or identification, password, or access code, any Web Site Content designated as “Confidential”, or any restricted-access portion of the Web Site or of any Web Site Content (each of the foregoing herein referred to as Cookstr “Confidential Information”), in whole or in part, to any person or entity;
  • access, use, disclose, publish, transmit, display, distribute, provide or permit access to any Confidential Information, in whole or in part;
  • access, use, disclose, publish, transmit, distribute, display or provide or permit access to, the Web Site or any Web Site Content, in whole or in part, (i) to the detriment of Cookstr, (ii) to, on behalf of, or for the benefit of any third party, or (iii) for purposes of any public or commercial use or exploitation, including, but not limited to use by or for the benefit of any competitor of Cookstr;
  • transfer, license, sublicense, sell, lease, rent, loan, trade, exchange or make any other public or commercial use or exploitation of the Web Site or any Web Site Content, or any modifications, adaptations, collections, compilations, recompilations, translations summaries, abstracts or derivative works or materials thereof, in whole or in part;
  • access or use the Web Site or any Web Site Content in any unlawful manner or for any unlawful purpose;
  • damage, disrupt, disable, inhibit, restrict, overload, overburden, or interfere with the operation, or others’ access to or use, of the Web Site or any Web Site Content;
  • attempt to gain any unauthorized access to the Web Site or any Web Site Content; access the Web Site or any Web Site Content by means other than the interface provided by Cookstr or through the platforms or portals of persons expressly authorized to link to the Web Site; or conduct any data mining or harvesting, or use any robot, web crawler or other data mining, gathering or extraction software, tool, method or technology to obtain access to, or information, data or other content from or through, the Web Site; or
  • create or maintain any link between another web site and this Web Site or any part hereof without Cookstr’s prior written approval.

Any access or attempt to access other areas of the Cookstr computer system or other information contained on the system for any purpose is strictly prohibited. Violations of the Web Site's system or network security may result in civil or criminal liability.

You acknowledge and agree that: (a) you will safeguard the confidentiality of the Confidential Information by taking all precautions with respect to the Confidential Information that you take to protect your own confidential and proprietary information, in no event using less than a reasonable degree of care; (b) you will immediately notify Cookstr of any unauthorized access to or use of the Web Site or any Web Site Content or Confidential Information, including, but not limited to, your registration on the Web Site, password, user name or identification, access code or account; (c) except as otherwise expressly agreed by Cookstr in writing, Cookstr may at any time, in its sole discretion and with or without notice to you, revoke or modify, in whole or in part, your Web Site License and/or temporarily or permanently disable your access to the Web Site or any Web Site Content or Confidential Information; (c) if Cookstr disables access to your account, you may be prevented from accessing the Web Site, some or all of the Web Site Content or Confidential Information, and/or your account information; and (d) all of your rights, licenses and permissions under these Terms of Use, including your Web Site License to access and use the Web Site and the Web Site Content, will terminate automatically and immediately if you violate any of these Terms of Use or any other terms and conditions of your agreement with Cookstr respecting any specific content or feature of the Web Site; and (e) Cookstr may take any action to enforce these Terms of Use or the Additional Terms or to protect against unlawful or improper access to or use of the Web Site or any Web Site Content or Confidential Information, including, but not limited to, terminating or suspending your registration for a service through the Web Site, blocking your access to some or all of the Web Site Content, contacting police or government authorities, and taking legal action against you.

Links

From time to time, other web sites and sources may provide hypertext links ("Links") or otherwise refer to the Web Site. Similarly, the Web Site may include links or references to web sites or sources provided by companies or persons other than Cookstr. No such Links or references shall imply any relationship or connection between Cookstr and the owner or operator of any other web site or other source, or any sponsorship, endorsement, representation or warranty by Cookstr of or respecting such web site or other source, or its contents, owner, operator, data privacy policies or business practices. Cookstr has no responsibility or liability to you arising out of or in connection with any such non-Cookstr web site or source, including, but not limited to, any use of or reliance upon any associated content, product, service or transaction. You understand, acknowledge and agree that all access to and use of any such non-Cookstr web site or source by you shall be at your own risk.

Registration Information

You may be required to register with and/or set up an account to use the Web Site. In this connection, you may be required to establish a user identification name, password, or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information that you provide is current and accurate. You further agree not to falsely identify yourself in any manner with respect to the Registration Information. You are responsible for maintaining the confidentiality of the Registration Information, and you agree to change any Registration Information which you have reason to believe is no longer secure (e.g. caused by identity theft). You are solely responsible for all activity on your account, including activity of any person who uses your Registration Information, with or without authorization, to access the Web Site. Your Registration Information may not be sold, licensed, or otherwise transferred without the written approval of Cookstr.

User Generated Comments Not Endorsed By Cookstr

Any and all information, comments, statements, links or other content placed on the Web Site by visitors to the Web Site, including but not limited to advice and opinions, are the views and responsibility of the poster and do not necessarily represent the views or opinions of Cookstr, its affiliates or licensors. Cookstr does not necessarily verify, encourage, agree, endorse, support or sanction any of the content placed on the Web Site by visitors to the Web Site, including but not limited to comments, opinions, statements or links posted on forums, blogs, bulletin boards or otherwise. You agree that Cookstr, its affiliates and licensors, are not responsible and shall have no liability to you with respect to any information, comments, statements, links, communications or other content posted by visitors to the Web Site, including but not limited to any offensive, defamatory, or illicit materials, even if such materials are in violation of these Terms of Use. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner.

Merchandise Sold On Or Through the Web Site

No warranties are made by Cookstr, its affiliates or licensors, with respect to any of the products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Web Site. You agree that Cookstr, its affiliates or licensors, are not liable or responsible to you with respect to any products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Web Site, including but not limited to illegal, offensive or illicit materials or items, even if such materials or items violate these Terms of Use. Transactions involving any products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Web Site shall be between the visitor and the third party seller, distributor or manufacturer, without any involvement of Cookstr, its affiliates or licensors.

Trademarks And Rights Of Publicity / Privacy

The trademarks, service marks, personal names, personal images, logos, domain names, page headers, button icons, graphics, color schemes, photographs and trade dress ("Marks") displayed on the Web Site are the exclusive property of Cookstr, its licensors, or third parties. You are not permitted to use these Marks without the prior written consent of Cookstr or such third party that owns the Mark.

Copyright And Other Intellectual Property Rights

You acknowledge and agree that:

  • All Web Site Content is the property of Cookstr or its licensors and is protected by United States and international copyright and other intellectual property laws. All listings, collections and compilations of data or other content provided, generated or made available by, with or through the Web Site, are the original works and exclusive property of Cookstr and are protected by United States and international copyright and other intellectual property laws. All software used on this Site is the property of Cookstr or its software suppliers and is protected by United States and international copyright and other intellectual property laws. All rights are hereby reserved by Cookstr subject solely to such limited Web Site License as is expressly granted and in effect pursuant to these Terms of Use. No act in respect of any portion of the Web Site or any Web Site Content shall constitute a transfer of any right, title or interest therein.
  • You will, and hereby do, irrevocably assign to Cookstr and its successors and assigns all right, title and interest (including all copyrights and other intellectual property rights) in, to and under, all and any portion of any writings, expressions, compilations, recompilations, copies, reproductions, modifications, translations, improvements, edits, enhancements, adaptations, customizations, summaries, abstracts or derivative works, information or materials originated, created, compiled or developed by you or on your behalf that use or incorporate, or are based on or derived from, all or any portion of the Web Site or any Web Site Content (including any Confidential Information) in any electronic, written or other form, manner or medium now known or hereafter developed (“Web Site Modifications”). If any other person is deemed to possess any right, title or interest in, to or under any such Web Site Modifications (the “Author”), you will cause the Author irrevocably to assign all such right, title and interest to Cookstr and its successors and assigns, or, to the extent that any such right, title or interest is inalienable under applicable law, you will cause the Author to waive and agree not to exercise any such right, title or interest against Cookstr, its affiliates or licensors. If and to the extent that the foregoing assignments and waiver are deemed unenforceable or invalid, or otherwise fail to transfer to Cookstr and its successors and assigns any such right, title or interest in respect of any such Web Site Modifications, you will and hereby do grant or cause to be granted to Cookstr and its successors and assigns a fully-paid, royalty-free, exclusive, perpetual, irrevocable, transferable, worldwide right and license, with the right to sublicense, to use, copy, reproduce, modify, adapt, translate, collect, compile, recompile and prepare summaries, abstracts, derivative works, improvements, and enhancements of such Web Site Modifications, and to make any public, commercial or other use or exploitation of the foregoing, without identifying the Author or seeking the Author's prior consent.
  • Certain icons, created by PC.DE from their Dusseldorf set, available at http://pc.de/icons/, have been licensed under Creative Commons Attribution-ShareAlike 3.0 Unported, viewable at License http://creativecommons.org/licenses/by-sa/3.0/deed.
  • The TinyMCE editor, available at http://www.tinymce.com/download/download.php, is licensed under the GNU Lesser General Public License, which can be found on their website at http://www.tinymce.com/wiki.php/TinyMCE3x:License.

You further agree:

  • to do nothing inconsistent with any of Cookstr’s or its licensors’ intellectual property or other proprietary rights in respect of the Web Site or any Web Site Content or Confidential Information, or with any license or restrictions hereunder;
  • not to delete, edit, efface, mask, obscure or alter any part or aspect of the Web Site or any Web Site Content, or any copyright, trademark, patent, or other proprietary or confidentiality notice used or posted by Cookstr in connection therewith; and
  • to take all reasonable steps (including, without limitation, the preparation, signing and delivery of any assignments and other documents or instruments) at Cookstr’s request to perfect, evidence, record or enforce Cookstr’s or its affiliates’ or licensors’ intellectual property or other proprietary rights in respect of the Web Site, Web Site Content or Confidential Information, Web Site Modifications or any modifications, adaptations, collections, compilations, recompilations, translations, summaries, abstracts or derivative works or materials thereof.

Submissions

You agree that, subject to Cookstr’s Privacy Policy with respect to Personal Information:

All remarks, suggestions, ideas, graphics, information, materials, communications and other content communicated or otherwise made available to Cookstr through the Web Site (each a “Submission”) shall be the exclusive property of Cookstr. In order to facilitate this, you hereby irrevocably transfer, assign and convey to Cookstr and its successors and assigns all right, title and interest in, to and under any Submissions you communicate or otherwise make available to Cookstr through the Web Site. Cookstr will not be required to treat any Submission as confidential, and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use or commercial exploitation, of any ideas or other Submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any Submission, in whole or in part.

You agree that you will not yourself, and will not induce, assist, or cause others to, directly or indirectly submit or make available to or through the Web Site any content, code or other matter that:

  • consists of or contains any viruses, bugs, worms, trojan horses or other harmful computer code;
  • is false, fraudulent, deceptive, tortious, illegal, obscene, threatening, harassing, hateful, abusive, vulgar, indecent, defamatory, racially, ethnically, sexually or otherwise objectionable, invasive of privacy, infringing of intellectual property rights, or embarrassing, harmful or injurious to any person or entity;
  • consists of or contains any impersonation or false, deceptive, incorrect, inaccurate, or non-current registration information, e-mail address or identification information or designation, including any misrepresentation of affiliation or association; or
  • consists of or contains any commercial solicitation, mass mailing, junk mail, spam or chain letter, or political campaign material.

You represent, warrant and covenant that: You own or otherwise control all rights to the Submissions you provide or make available to the Web Site, and have all rights, power and authority required to provide such Submissions to the Web Site and to assign your rights in the Submissions to Cookstr; all such Submissions by you are and will be true, current and accurate; no use of your Submissions will violate or infringe any rights of, or cause any injury to, any person or entity; you are solely responsible and liable for any Submissions you provide or make available to the Web Site (including for any loss or damage Cookstr or others may suffer as a result of or in connection with any such Submission); Cookstr shall have no responsibility or liability to you or any third party with respect to any Submissions.

Cookstr reserves the rights (but shall have no obligation): (a) to save and archive any Submission or Web Site Content, (b) to disclose any Submission or other information as necessary or appropriate to comply with any law, regulation or governmental request or legal process, to operate the Web Site, to respond to claims that any Submission or Web Site Content violates any property, privacy, publicity or other right of any person or entity, or to protect the rights, property or safety of Cookstr or third parties; and (c) to update, screen, monitor, filter, review, remove and/or edit any content or feature of the Web Site, including, but not limited to, any Submissions; in each case ((a) through (c)) with or without notice to you.

Mobile Terms And Conditions

Cookstr provides, through the Web Site, the option to register to a program to receive content on your mobile device (“Mobile Content Program”) such as a cell phone, hand-held computer, personal digital assistant, and similar devices that would be compatible with such programs (“Device”). The following terms and conditions govern your use of the Mobile Content Program. Your use of the Mobile Content Program will constitute your agreement to comply with the terms and conditions provided below.

  1. The cell phone number or any other information provided to Cookstr to activate the Mobile Content Program is registered in your name. You agree that you will not initiate messages from the Mobile Content Program to any other person or entity and will only transmit to a Device registered to you.
  2. All communications initiated by you in connection with the Mobile Content Program may be charged a fee by your carrier. Fees charged by a carrier for Mobile Content Program communications or transmissions are your responsibility.
  3. In order for the Mobile Content Program to operate, you must own a Device that is compatible with Cookstr’s Mobile Content Program and have the necessary subscription plan with your carrier. It is your responsibility to own the appropriate Device, software and carrier subscription plan to receive Cookstr’s Mobile Content Program.
  4. You agree not to alter, add, remove or otherwise modify the format or branding of the content provided through the Mobile Content Program. All of the content provided through the Mobile Content Program is owned by Cookstr, its affiliates or licensors, and is protected by intellectual property laws. Your use of the Mobile Content Program is governed by the Web Site License provided herein.
  5. The Mobile Content Program is provided on an “AS IS” basis and is governed by the Disclaimer of Warranties; Limitation of Liability provided herein.

Privacy

Please click onto and review our Privacy Policy, the terms and conditions of which are incorporated by reference in these Terms of Use governing your access to and use of the Web Site. You agree to the use of your personally identifiable information and data in accordance with our Privacy Policy.

Your Liability And Indemnification Obligations

You are solely responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including, but not limited to, any resulting loss or damage incurred by Cookstr or third parties; (b) all activities that occur under your registration to the Web Site, password, user name or identification, access code or account; (c) maintaining the security, confidentiality and restricted, authorized use of all user names and identifications, passwords, and access codes to the Web Site or any Web Site Content that are in your knowledge, control or possession; (d) any and all actions and omissions by any of your personnel and/or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third party actions and omissions, which, if committed by you would constitute a breach of these Terms of Use shall constitute a breach hereof as if directly committed by you).

You agree to defend, indemnify, and hold harmless Cookstr, its affiliates, licensors and Web Site operational service providers, each of the foregoing persons’ and entities’ respective officers, directors, employees, representatives and agents, and all others involved in creating, promoting, or otherwise making available the Web Site or any of the Web Site Content or Confidential Information, and each of their respective successors and assigns, from and against any and all claims, actions, demands, costs, expenses, damages, losses and liabilities, including, but not limited to, reasonable legal and accounting fees, (“Claims and Liabilities”), that arise out of or in connection with, or result from, any of your Submissions, your access to or use of the Web Site or any Web Site Content or Confidential Information, your breach of or noncompliance with these Terms of Use or any Additional Terms, or your violation of any rights of any third party. Cookstr will attempt to provide prompt notice to you of any such Claims and Liabilities and reserves the right to take exclusive control and defense of any claim, action or demand subject to indemnification by you, in which event you agree to cooperate fully with Cookstr in asserting any available defenses.

No revocation, expiration or termination for any reason of any (or all) of the rights, licenses and/or privileges granted to you under these Terms of Use shall affect Cookstr’s right to payment, as and when due, of any amounts payable by you to Cookstr.

International Use

Cookstr makes no representation that the Web Site or any Web Site Content is available to or appropriate for access or use outside the United States of America. Any access to or use of the Web Site or any Web Site Content in or from any territory or jurisdiction in which it is unlawful to do so is strictly prohibited. You agree that all such acts are at your own risk and that you will comply with all applicable rules, regulations and laws, including, without limitation, all laws and regulations in respect of export control.

Copyright and Intellectual Property Notice Policies

To file a notice of copyright infringement respecting any Web Site Content, you must provide a written notice to us that complies with applicable law (including, in the U.S., the Digital Millennium Copyright Act). To do so, please send a DMCA Takendown notice to notices@cookstr.com.

Applicable Law

The laws of the State of New York and the United States will govern these Terms of Use and any dispute of any kind between you and Cookstr arising out of or in connection with these Terms of Use, or any subject matter hereof or thereof (including, but not limited to, any Web Site Content), without regard to principles of conflict of laws.

Disputes

Any dispute relating in any way to your access to or use of the Web Site, any Web Site Content, any products or services marketed, sold or distributed on or through the Web Site, or these Terms of Use, shall be adjudicated in any state or federal court in the State of New York, New York County, and you hereby irrevocably consent to the exclusive jurisdiction and waive all objections to the venue of those courts. Notwithstanding the above sentence, Cookstr shall have the right to apply for an injunction or other emergency relief in any jurisdiction.

Equitable Relief

You understand and agree that money damages would not be an adequate remedy for any breach by you of these Terms of Use and that Cookstr shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees, if you breach or threaten to breach any provision hereof or thereof. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Use, and shall be available to Cookstr without requirement that it post any bond or prove any actual damages.

Terms of Agreement; Severability

Except as otherwise expressly agreed to by Cookstr in writing, these Terms of Use and the Additional Terms: (a) constitute the entire agreement between you and Cookstr with respect to the subject matter hereof, including, but not limited to, your access to and use of the Web Site and the Web Site Content; and (b) supersede all prior representations and agreements, whether oral, written or other, between you and Cookstr with respect to such subject matter.

No terms or conditions of any purchase order, agreement, offer, sales or order acknowledgment, or other document or communication that is different from, inconsistent with or contrary or in addition to these Terms of Use or any of the Additional Terms shall be of any force or effect unless accepted in writing by Cookstr. The Additional Terms of your agreement with Cookstr with respect to any specific content or feature of the Web Site are provided on Web pages and via links that will appear in or through your use of that content or feature. Certain Additional Terms can be found, for example, by clicking on the following link: Privacy Policy.

If any provision of these Terms of Use or of the Additional Terms is held to be void, invalid or unenforceable in any jurisdiction, the provision shall be severable without in any manner affecting its validity or enforceability in any other jurisdiction or the validity or enforceability of the remaining provisions in that or any other jurisdiction. Such severed provision shall be deemed modified to the limited extent required to permit its enforcement in a manner that most closely reflects the intention of the parties as expressed in these Terms of Use and the Additional Terms.

Non-waiver

No failure or delay of Cookstr to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other, Cookstr right, remedy or privilege, in whole or in part.

Cookstr Affiliates

Each of Cookstr’s affiliates and licensors shall be third party beneficiaries to these Terms of Use and the Additional Terms, and shall be entitled to directly rely on and enforce any provisions of these Terms of Use or Additional Terms which confer a benefit on or rights in favor of Cookstr. No other person or entity shall be a third party beneficiary to these Terms of Use or the Additional Terms.

Survival of Terms

All provisions of these Terms of Use and of the Additional Terms that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Web Site or any Web Site Content or Confidential Information, shall survive the revocation, expiration or termination, in whole or in part, of these Terms of Use or the Additional Terms, or any license hereunder or thereunder, however and whenever occurring.

Our Address

Cookstr
175 Fifth Ave
New York, NY 10010

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