Terms of Service
Acceptance of Terms
ItsACookbook.com provides its service to
you, subject to the following Terms of Service ("TOS"), which may be updated by
us from time to time without notice to you. You can review the most current
version of the TOS at any time at this location.
Description of Service
ItsACookbook.com
currently provides users with access to a collection of resources. You also
understand and agree that the Service may include advertisements. You also
understand and agree that the service may include certain communications from
ItsACookbook.com,
such as service announcements and administrative messages and that these
communications are considered part of
ItsACookbook.com
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new
ItsACookbook.com
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that
ItsACookbook.com
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Privacy Policy
Registration Data and certain other information about you will and shall be
kept confidential to the best of the abilities of
ItsACookbook.com.
ItsACookbook.com takes privacy very seriously and will take the steps desired to
prevent the invasion of privacy. Your email address and personal information
will not be sold or voluntarily given to any third party without your approval.
ItsACookbook.com will not be responsible for theft of data or loss of data due
to natural disasters or causes. ItsACookbook.com has taken steps to
prevent theft of data but you understand and acknowledge that ItsACookbook.com
will not be responsible or liable for information that is involuntarily
transmitted to another party. This includes physical theft, hacking, or seizure
by authorities.
User Conduct
You understand that all information ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not
ItsACookbook.com,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service.
ItsACookbook.com
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will
ItsACookbook.com
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an
ItsACookbook.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that
ItsACookbook.com
does not pre-screen Content, but that
ItsACookbook.com
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing,
ItsACookbook.com
and its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
ItsACookbook.com
or submitted to
ItsACookbook.com.
You acknowledge and agree that
ItsACookbook.com
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of
ItsACookbook.com,
its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Indemnity
You agree to indemnify and hold
ItsACookbook.com,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
Termination
You agree that ItsACookbook.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ItsACookbook.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
ItsACookbook.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
ItsACookbook.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that ItsACookbook.com shall not be
liable to you or any third-party for any termination of your access to the
Service.
Copyrights
ItsACookbook.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide ItsACookbook.com's Copyright Agent
the following information:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located on
the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
ItsACookbook.com's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By email: copyright@ItsACookbook.com
Public Cookbook Recipe Submittal
The following restrictions apply to recipes you submit for inclusion in the
public cookbook.
You
acknowledge the recipes you are submitting are your own recipes
and have not been copied from someone else or from a cookbook.
You agree that ItsACookbook.com may modify/alter the recipes
you are submitting by making changes to any part entered by the user including
name, location, ingredient list, description, instructions, etc...
You acknowledge that you are submitting a royalty free copy of your own recipe and will not be compensated in any way.
You agree that ItsACookbook.com may use, reproduce, display, or distribute the recipes you are submitting without compensation to you for any purpose, commercial or otherwise, and in any fashion. This includes print, film, or electronic storage or any other medium ItsACookbook.com wishes to use and may grant the same rights to third parties without your consent.
You acknowledge and agree that ItsACookbook.com may publish your name and location, extracted from your user profile at the time of submittal, on the website when included in the public cookbook. You also acknowledge that your name and location shall be included on any recipe copied from your Shared Cookbook (recipes from your Personal Cookbook that you have marked as shared) by other members. The submitted name and location may be changed by ItsACookbook.com if deemed inappropriate or otherwise not acceptable.