LAST REVISED: November 11th, 2008
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.
- 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.
- 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.
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.
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.
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.
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
Merchandise Sold On Or Through the Web Site
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.
You acknowledge and agree that:
- 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.
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.
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.
- 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.
- 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.
- 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.
- 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.
- The Mobile Content Program is provided on an “AS IS” basis and is governed by the Disclaimer of Warranties; Limitation of Liability provided herein.
Your Liability And Indemnification Obligations
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 firstname.lastname@example.org.
Terms of Agreement; Severability
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.
Survival of Terms
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