Last Updated: June 12, 2013
Every community has rules and CookbookCreate is no exception.
Our rules are laid out in the following legal contract called the Terms of Service. These Terms of Service are long and full of legalese, so please review them carefully. It is very important that you understand what it means to be a part of the CookbookCreate community.
The Terms of Service are organized under the following headings, and you can jump to any particular section of interest by clicking on it here.
We may change the Terms of Service at any time, as we reasonably deem appropriate. Upon any change in the Terms of Service, we will post the amended agreement on the Site homepage with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the amended agreement for your review. Your continued use of the Site or Services following any such posting or notification shall constitute your affirmative acknowledgement of the changes to the Terms of Service, and your agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept the Terms of Service, including following any modifications hereto, then you agree not to access the Site or use the Services.
At CookbookCreate, our aim is to provide fellow foodies like you with a fun, creative and delicious outlet. On or through our Site, Users can submit and digitally preserve their personal recipes; share their recipes with other Users and browse those submitted by other Users; post cooking-related tips and anecdotal comments; collaborate with other Users on new recipes; utilize our embedded “Cookbook Builder” software to layout and design customized cookbooks featuring selected User recipes (the “Books”); self-publish electronic versions of their Books (the “EBooks”); order and purchase printed, hard copy editions of Books (the “Print Books”); purchase and redeem gift cards (the “Gift Cards”); contact CookbookCreate; and utilize other related services (collectively, the “Services”).
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the Users of new services will be governed by the Terms of Service. You agree that CookbookCreate will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
You are responsible for all use of the Site and the Services by you as well as by others to whom you have given your Credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other Users' use or enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, Member accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms of Service.
As part of the Services, you may have the opportunity to submit, upload, post, digitally publish, publicly display, communicate and/or otherwise transmit text, images photographs, and/or other graphic content to/via the Site (hereinafter, “Posted Content”). We reserve the right to monitor the Site and remove any Posted Content, in our sole discretion. However, we do not have any obligation to and are not responsible for any failure or delay in removing any Posted Content. Likewise, by accepting or allowing you to provide Posted Content to the Site, CookbookCreate is not obligated to make the Posted Content available to the public, and we reserve the right not to do so for any reason, in our sole discretion. If you have a question as to why your Posted Content did not publish on the Site, please contact us at: info@CookbookCreate.com.
You represent and warrant that you have the right to and hereby do grant CookbookCreate, its partners, contractors, and all other Users an irrevocable, perpetual, royalty-free, fully paid up, sublicensable, worldwide license to use, exploit, copy, publicly display, digitally publish and otherwise distribute your Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, your Posted Content. This license is non-exclusive.
The following is a partial list of the kind of Posted Content expressly prohibited. CookbookCreate reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Posted Content from the Site, terminating the Membership of and blocking use of the Services and/or the Site by such violators, and /or reporting such Posted Content or activities to law enforcement authorities. Prohibited Posted Content includes, but is not limited to content that in the sole discretion of CookbookCreate:
Notwithstanding any other provisions contained herein, CookbookCreate, shall use its best efforts to restrict access to and prevent other Users from viewing any Posted Content that you designate as “Private” upon submission, however, we are under no obligation to do so. We have no responsibility for and shall have no liability whatsoever in connection with Posted Content that is inadvertently or otherwise mislabeled as either “Public” or “Private.”
CookbookCreate respects the intellectual property of others and requires that our Users do the same. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). It is our policy to terminate the Membership of repeat infringers. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: info@CookbookCreate.com or at the following postal address:
Designated Copyright Agent
If you believe that your Posted Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to incorporate and use the material in your Posted Content, you may send a counter-notice to our Designated Copyright Agent containing the following information:
Except for Posted Content, all materials available on or through the Services and/or the Site, including without limitation, text, photographs, graphics, images, software and audiovisual content (“Our Content”), is owned by us or our licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain CookbookCreate’s proprietary information. We give you permission to use Our Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may use Our Content for your own convenience, but you may not exploit any of Our Content or the Site, in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly provided herein, CookbookCreate and its suppliers do not grant you any express or implied rights in the Site and/or the Services and all rights not expressly granted to you in the Terms of Service are retained by CookbookCreate.
We do not authorize the purchase of Print Books for re-sale purposes and you are prohibited from commercially exploiting Print Books in any manner whatsoever. To enforce this policy, we may, in our sole discretion, limit or cancel quantities of Print Books purchased per User, per household or per order. These restrictions may include orders placed by or under the same Member account, the same credit/debit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by publishers, re-sellers or distributors. We also reserve the right to cease doing business with any Members violating this policy. We may modify this policy at any time without prior notice. For technical as well as practical reasons, all Books, whether in EBook or Print Book form, are restricted to a maximum number of ninety-eight pages (98) pages, each 8.5 inches by 8.5 inches in size. We may modify this page number restriction at any time.
Although CookbookCreate makes every effort to ensure that all colors, graphic and photographic images, textual fonts and formatting are accurately reproduced and appear exactly the same in each Print Book as they do in the corresponding EBook, CookbookCreate cannot guarantee your computer monitor or mobile device will accurately portray said aspects of any EBook. All prices are subject to change, and CookbookCreate is not responsible for any typographical errors regarding any prices listed on the Site.
Immediately upon your submission of a Print Book order, we will send an email to the address you provide confirming our receipt of your order; however, this confirmation message neither constitutes an offer from us to sell you the selected Print Book(s) nor signifies our acceptance of your offer to buy the selected Print Book(s). CookbookCreate reserves the right to refuse to print any Book at any time, for any reason, in our sole discretion. You will not be charged for any ordered Books that we do not print.
CookbookCreate guarantees only that Print Books will be free of any defects in materials and workmanship, and we agree to replace any so defective Print Books at our expense; provided, however, that you must notify us of the alleged defects in your Print Book(s) within fourteen (14) calendar days of your receipt thereof. Complaints regarding defects in your Print Book should be directed to the following email address: info@CookbookCreate.com. Please note that Print Books are individually made and there may be minor differences across individual Print Book editions based on the same EBook, including but not limited to slight variances in color fidelity and binding type; and any such variations do not constitute a defect in materials or workmanship and will not entitle you to any replacement Print Books under this limited warranty. For the avoidance of all doubt, the limited warranty granted herein does not create any obligation on the part of CookbookCreate to proof or correct Printed Books for typographical or grammatical errors, blurry images, formatting or layout mistakes or any other issues related to the contents of Print Books. With the exception of this limited Print Book warranty, COOKBOOKCREATE MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER REGARDING THE SITE OR SERVICES.
Applicable sales and/or use tax will be charged on all order totals, inclusive of shipping and handling fees, for Print Book purchases shipped to an address within the state of New York.
Print Books purchased on/through the Site will be shipped to the address you provide and via the carrier/shipping method you designate at checkout. All sales are made pursuant to these Terms of Service, which, as concerns orders placed on/through the Site, shall constitute a shipment contract, such that the risk of loss shall pass, along with title, to you upon our delivery of the Print Books to the common carrier selected.
In connection with all Print Books and/or other products that you select to purchase on/through the Site, payment in is due and payable to CookbookCreate immediately upon sale and shall be remitted by entering a valid credit or debit card number, expiration date and CVV code, along with your name exactly as it appears on the card, desired shipping addresses and associated billing address. CookbookCreate currently accepts MasterCard, Visa, AMEX and Discover, but reserves the right to add or delete acceptable payment methods at any time. By providing your payment information, you authorize CookbookCreate to debit your account for the total cost of your order and agree to be responsible for payment in full of all related charges. Furthermore, you warrant and represent that all that all payment information you provide to CookbookCreate is true, correct and complete. All orders are subject to payment verification prior to shipping, and all Print Book orders are subject to acceptance prior to printing. We are not responsible for typographical errors in your Print Books or in the billing or shipping information that you provide. In the event that you dispute any amounts charged to CookbookCreate, you must notify us in writing no later than fourteen (14) calendar days after the close of the credit/debit card billing cycle corresponding to the statement that contains the disputed charge or you waive all right to dispute the charge. Every debit/credit card purchase made on/through our Site is covered by the following “Safe Shopping Guarantee:”
Except under the express conditions of the Limited Warranty for Print Books provided for in Section 8.4 of these Terms of Service, CookbookCreate cannot accept any Print Book returns, and all orders are non-refundable.
As part of the Services, we may offer you the opportunity to purchase gift cards, redeemable in the form of credit for use in connection any future order(s) placed on/through the Site only (the “Gift Cards”). Gift Cards are currently available in the following amounts: forty-nine dollars and ninety-nine cents ($49.99) and four hundred ninety-nine dollars and ninety-nine cents ($499.99); and we reserve the right to amend this list of available Gift Card denominations as we deem appropriate. Upon your purchase of a Gift Card, an electronic version thereof, containing an associated “Redemption Code” will be sent to the email address you indicate. Gift Cards are only available in this electronic format and may only be redeemed by entering the applicable Redemption Code(s) during checkout for any future Site purchase(s). Gift Cards will be applied towards order total(s), inclusive of tax and shipping costs. If you redeem a Gift Card for less than its face value, you retain the right to a credit for use on the Site equal to the amount of the remaining balance. We are not responsible for and will not reimburse you for lost or stolen Gift Cards or Redemption Codes. Multiple Gift Cards cannot be combined towards any single order. Except to the extent required by applicable unclaimed property and other laws relating to the redemption of commercial vouchers, Gift Cards cannot be redeemed for cash value. Gift Cards do not expire, and we do not charge any additional fees for redemption thereof.
The Site may contain advertisements and/or links to other websites (“Third Party Sites”). These links are provided solely for the convenience of the Users. CookbookCreate does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. CookbookCreate bears no responsibility for any action associated with any Third Party Site. Moreover, CookbookCreate does not imply an affiliation with any Third Party Site.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other jurisdictions. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some content, software or other materials that may be available on/through the Site are subject to government export control or other restrictions. By visiting and/or using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States. Accessing the Site from territories where unlawful is prohibited. CookbookCreate does not ship internationally.
Certain of the Services may have additional terms (such as policies, guidelines, licenses and rules) that will further govern your use of that particular Service and supplement the Terms of Service. If you choose to access or utilize any such Services, you will be presented with any corresponding additional terms and conditions at that time. By using those Services, you agree to comply with all such additional terms and conditions. To the extent that there is any conflict between these Terms of Service and any additional terms and conditions posted in connection with a specific Service, the latter shall govern with respect to that Service.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.4, WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COOKBOOKCREATE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. COOKBOOKCREATE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR IN CONNECTION WITH ANY OF THE SERVICES; OR (B) TWO HUNDRED AND FIFTY DOLLARS ($250.00). IN NO EVENT SHALL COOKBOOKCREATE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COOKBOOKCREATE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "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.”
We may terminate and/or suspend your Membership with the Site and/or access to the Services immediately, without notice, if there has been a violation of the Terms of Service or of any other policies or terms posted on the Site by you or by someone using your Credentials. In the event your Membership is terminated under such conditions, we will not render, you are not entitled to and hereby waive any and all right to receive a refund of any amount or portion thereof paid to CookbookCreate for or in connection with your Print Books or other Site purchases, if any. Notwithstanding any other provisions contained herein, we may also cancel or suspend your Membership and/or access for any other reason, including without limitation inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension, and in such case, you may be entitled to a refund of a portion of any funds paid to CookbookCreate. CookbookCreate shall not otherwise be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any deletion, deactivation or termination of your Membership. You may terminate your CookbookCreate Account at any time by logging in to the Site and following the instructions posted under the “My Account” link or by contacting us at the address at the end of these Terms of Service; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment in full for all previously placed orders, if any, or entitle you to a refund of any payments previously remitted to CookbookCreate. The provisions of Sections 5-8, 13 and 18-23 will survive any termination.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our members, employees, contractors, officers, agents, other affiliated companies, customers and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, (c) exploitation of Printed Books, (d) the violation of the Terms of Service by you or any third party using your Credentials, or (e) the violation of any intellectual property, privacy or other rights of any person or entity in connection with any of the above. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and performed entirely within New York, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service, the Site or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one (1) arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and for an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary damages and attorney’s fees, as the arbitrator deems appropriate. You further agree that any and all disputes, claims and causes of action arising out of or connected with Site or the Services shall be resolved individually, without resort to any form of class action.
The relationship between you and CookbookCreate is one of independent contractors and nothing in these Terms of Service creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Neither party hereto will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
We may assign the Terms of Service at any time to any parent, subsidiary or affiliated company or as part of the sale to, merger with, or other transfer of CookbookCreate to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.
You must be eighteen (18) years of age or older, or of legal age to form a binding contract in your jurisdiction if that age is greater than eighteen (18) years of age, to register with us or use the Site or the Services. If you are under the age of eighteen (18) or the applicable legal age in your jurisdiction, you can use the Site and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein.
Your affirmative act of registering for the Site and/or using the Site or the Services constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.
Copyright © 2013 Cookbook Create, LLC. All rights reserved.
If you have any questions, please contact us by email at: info@CookbookCreate.com or by postal mail at:
RE: Terms of Service