Before you register with CookingVillage and set up your account please read these terms and conditions ("Terms") carefully as they contain the terms and conditions that govern your access to, and use of, the CookingVillage website: cookingvillage.com ("Site").
By checking the "I have read the terms and conditions" button upon sign-up you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions from time to time. We shall attempt to notify you of any material changes to these Terms by email sent to the address you have provided when you registered. However, there may be situations in which you have not received a notice and therefore we encourage you to refer to these pages periodically to check for any changes. If you continue to access the Site following the changes to these Terms, you will be deemed to have accepted those changes.
1. DEFINITIONS
"we" and "us" means International Masters Publishers, Inc. 225 Park Avenue South, New York, NY 10003.
"You" means any person who uses our service and or registers on the Site.
"Content" includes all the text and digital images that you upload to the Site.
"Service(s)" means the use of this Site and the services provided through the Site which include the ability to view, share, store, print recipes and other content through a range of electronic devices including personal computers and hand-held devices.
2. OPENING AN ACCOUNT
2.1 Anyone who is at least 13 years of age and older can open an account. If your parent or guardian has any questions concerning CookingVillage, they should contact info@cookingvillage.com. The account is for you only and cannot be shared or transferred to anyone else. Opening an account is free and it entitles you to create an unlimited number of recipes and provides you with access to all features within the Site.
2.2 You agree that the information that you provide to us when registering and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
2.3 When you register you will choose a password and need to confirm your password. If you forget your password, click on "forgot your password" and we will reissue you a new password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to change your password if we believe that your password is no longer secure.
3. CREATING RECIPES
3.1 You are responsible for all the Content you submit and you represent and warrant that you own all the rights to the Content, the Content is original, it is not copyrighted and does not infringe the proprietary, publicity and privacy rights of any third party.
3.2 You understand and agree that you will be responsible to keep back-up copies of all the Content that you submit to us and you are not relying on us to back up your Content.
3.3 Members cannot use the Service:
- for any unlawful purposes;
- to submit, upload, post, record, order for print email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to attempt to upload images by any method to another user's account without permission;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purposes;
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
3.4 We are not under any obligation to examine or otherwise review any Content that is submitted by you in using the Service. However, from time to time we, or our service providers, may examine Content and we reserve the right, at our sole discretion to delete, move or edit Content that we may determine is unlawful or prohibited Content. In the event an order contains unlawful or prohibited Content, as determined by us, we reserve the right to refuse to ship your order; however you will be responsible for the cost of such order.
3.5 You agree that you will not: a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; b. provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; c. resell the Service or any portion of the Service.
3.6 Visitors may rate recipes or occasionally post messages regarding recipes which you may not agree with or whether intentionally or unintentionally, that is inaccurate, misleading or deceptive. We do not endorse these messages, and the opinions, advice and statements contained in these messages are solely those of who posted them and may not reflect our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Further, we, our affiliates, our suppliers or agents are not liable for any loss or damage caused by your reliance on such information obtained from these comments. We have no obligation to, monitor the comments and any materials displayed, transmitted or otherwise made available on or through them. In the event that you believe that someone is not complying with these Terms you may report it to us by emailing customerservice@cookingvillage.com. We will take such action as we deem appropriate. We reserve the right to remove any post or comment that is in violation of our terms of use, specific to, but not limited to, the appropriateness of its content. Please understand that any information that you post is done at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as your contact information or email address.
3.7 The CookingVillage Seal of Excellence is our icon to identify recipes that we have tested. This means if you follow the recipe as directed that the recipe should turn out similar to the picture provided. We do not guarantee that you will like any recipe. If a recipe does not include our icon stating it has been tested, we do not endorse the recipe or guarantee that it is accurate or complete.
4. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior in connection with the service. You agree to indemnify, defend and hold us, including our directors and officers, our parent affiliates, joint ventures, business partners, licensors, employees, agents, (collectively the "IMP Group") from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any breach or violation of these terms and conditions, allegation or actual infringement of a third party's copyright, use or misuse of the service by you or any other person who accesses the service using your account, or any violation of any rights of a third party.
5. AVAILABILITY
We will use reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any Content you upload to the Service.
6. PRIVACY
We have a firm commitment to safeguarding your privacy. Please click here to review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
7. COPYRIGHT/TRADEMARK
7.1 The copyright in the pages, screens displaying the information, the recipes published on, and all other materials contained in this Site is owned by International Masters Publishers (IMP) AB unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of IMP AB, its parent or affiliates, or any third party. You may electronically copy and print portions of this Site for informational and non-commercial purposes, personal use only, provided you keep all copyright or other proprietary notices intact. Any use of the content on this Site other than as described above without the prior written permission of IMP AB is strictly prohibited.
7.2 By submitting, disclosing, or offering Content including any recipe, review, photograph, image, video, "favorites" list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a "Submitted Item") to us, either online or offline and whether or not solicited by us, you hereby admit that you own such content or have permission from the owner to submit such Content and grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium existing or developed in the future without compensation of any kind to you or any third party. At any time, we may request proof of ownership from you of the Content you submit when using the Service. If we do not receive satisfactory proof and there are claims of infringement relating to such Content we may, at our discretion, remove the potentially infringing content, share the information with any third parties as may be required under law, and in the appropriate circumstances suspend or terminate your account.
7.3 If you believe your copyright has been infringed please contact us at the following address and email with the details.
CookingVillage
c/o International Masters Publishers, Inc.
225 Park Avenue South
New York, New York 10003
Attention: Copyright Infringement
Email: copyright@cookingvillage.com
7.4 CookingVillage and cookingvillage.com are trademarks of International Masters Publishers AB. All trademarks are used under license by International Masters Publishers, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
i/m/p, Cooking Village and cookingvillage.com are trademarks of International Masters Publishers AB. All trademarks are used under license by International Masters Publishers, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
8. EXTERNAL LINKS/ADVERTISEMENTS
8.1 From time to time we may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss, damage or inconvenience that you may suffer by using other websites.
8.2 Our Site may contain advertisements from third parties. We do not endorse the services or products that are offered by these third parties, nor do we warrant that the information that is contained in the advertisements is truthful, accurate or complete.
9. IMAGES
You may upload images up to 10MB in size.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
10.1 We apologize for any typographical errors that may appear in a recipe and other content made available through our Site and all related services are provided "as is" on an "as available basis" with no warranties whatsoever whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10.2 To the fullest extent permitted by law, we disclaim any warranties for the security, reliability, timeliness, and performance of this service. We do not warrant that the functions performed by the service will be uninterrupted or error-free, or that the Site or the servers that support it will be free from viruses or other harmful components. We do not warrant the accuracy or completeness of any content posted on this Site.
10.3 You understand and agree that the submission of any Content and the download or upload of any Content through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your Content.
10.4 We do not make any warranties of any kind with regards to the services and products you purchase through, or are advertised on, this Site.
10.5 To the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, and punitive damages including , but not limited to, loss of profits, materials, data or other tangibles or intangibles arising out of (i) the use of or inability to use the Site or the service, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the recipes and other content made available through the Site or the service, (iv) unauthorized access to or alteration of your transmissions or data, (v) any changes to this Site or the services offered, or (vi) other matters relating to the Site or the services offered on the Site, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Some of the above limitations may not apply to you. In such states, our liability is limited and warranties are excluded to the greatest extent permitted by law, but shall in no event, exceed $100.00.
11. CANCELLATION OF YOUR ACCOUNT
11.1 It is our mission to create a safe and friendly environment to use the Services. If you do not comply with these Terms, we may at our discretion, cancel your account and remove the Content that you have uploaded.
11.2 You may cancel your account by emailing customerservice@cookingvillage.com with you account details or visit the "My Profile" section.
12. COMMENTS/IDEA SUBMISSIONS
12.1 From time to time we will ask you for feedback and ideas on how to improve the Site and our Services. We appreciate all your submissions but please understand that any and all ideas that you submit to us on how to improve our Site and the Services automatically become our property, that is, you assign all intellectual property rights in the idea to us and you lose any right or interest you had in such idea. If a court holds the assignment not to be valid then by submitting an idea you grant us and our affiliates a royalty free, perpetual irrevocable license to use and reproduce the idea in any format, in part or in whole, in the US and abroad. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at ideas@cookingvillage.com and insert "New Ideas" in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
12.2 If you have any comments or questions about our Services please contact our Customer Service Department by clicking Contact Us.
13. INTERNATIONAL USERS
You may not use the Site or export materials or content in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.
14. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
15. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to the Site and the services made available through the Site. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.