The following terms and conditions govern all use of this website and all Cookbook Ltd content, services, and products available at or through our websites, native mobile applications and the associated use of our backend infrastructure (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Cookbook Ltd
Privacy Policy and where defined, the mobile EULA agreements) and procedures that may be published from time to time by Cookbook Ltd (collectively, the “Agreement”). You (as the “Client”, “you” or “your”) agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Cookbook Ltd (as, “Cookbook”, “we”, “us” or “our”) who are a registered company in the United Kingdom, registration number 10086673. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Our Services are restricted with a limited license to access, transmit information, share and save content (including our or another user’s public content) for your personal and non-commercial use.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Cookbook, acceptance is expressly limited to these terms.
1. Cookbook Service:
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Your Account and Data.
To access and use some of our Services you may be required to register a Cookbook account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your registered information or through your account. You are responsible for keeping your password secure. You must immediately notify Cookbook of any unauthorized uses of your account, or any other breaches of security. Cookbook will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your Contributions.
If you operate an account and through which you transmit information (including but not limited to importing, adding, commenting, updating or deleting data on our Service), or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Service, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Cookbook for inclusion on your account, you agree that you have personal copyright and / or intellectual property rights, ownership and authorship of the Content. Where this does not apply or is not sufficient, you agree that you have gained appropriate prior written consent from existing authors, owners and copyright holders before storing this Content on our Service. Cookbook will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If you remove items of your Content, Cookbook will use reasonable efforts to remove it from our Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Cookbook has the right (though not the obligation) to, in Cookbook’s sole discretion, (i) refuse or remove any content that, in Cookbook’s reasonable opinion, violates any Cookbook policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Service to any individual or entity for any reason. Cookbook will have no obligation to provide a refund of any amounts previously paid.
Content Sharing.
If you share Content using our Service to other services, which includes, but is not limited to social media networks, blogs or private distribution, you agree that you have personal copyright and / or intellectual property rights, ownership and authorship of the Content. Cookbook will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Access and Availability.
If you lose access to your Cookbook account and related email address, you may be unable to continue using our service. Whilst we make all reasonable efforts to ensure our Services are accessible, neither Cookbook nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Cookbook reserve the right to terminate the service at any point for scheduled or unscheduled maintenance for an unspecified or limitless period of time.
Advertisements.
Cookbook reserves the right to display advertisements to you through our Service unless you have purchased an Ad-free Upgrade.
Conduct.
Cookbook may include areas where you can interact with users including, but not limited to, discussion forums, ability to post comments and exchange information. You are wholly liable and responsible for any Content you or your account submits. In accessing and conversing through such services you shall (1) not use these services for commercial purposes, post spam or unsolicited Content, (2) not misrepresent yourself or your links with a person or entity, (3) not share information you do not own or have prior permission to share, (4) not share (with or without the intent) Content that contains software viruses or any files designed to interrupt, destroy, or impede functionality of computer hardware or software, (5) not act without reasonable respect, integrity and ethics, (6) not harm minors in any way and (7) not act outside of this Agreement and our Privacy Policy.
2. Responsibility of Users and Visitors.
Cookbook has not reviewed, and cannot review, all of the material and Content posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Cookbook does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cookbook disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any access by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material and Content made available through the websites and webpages to which our Service links, and that link to our Service. Cookbook does not have any control over those non-Cookbook websites, and is not responsible for their contents or their use. By linking to a non-Cookbook website, Cookbook does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cookbook disclaims any responsibility for any harm resulting from your use of non-Cookbook websites, webpages and services.
4. Copyright Infringement.
As Cookbook asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Service violates your copyright, you are encouraged to notify Cookbook. Cookbook will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cookbook will terminate a visitor’s access to and use of our Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cookbook or others. In the case of such termination, Cookbook will have no obligation to provide a refund of any amounts previously paid to Cookbook.
5. Intellectual Property.
This Agreement does not transfer from Cookbook to you, any Cookbook or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cookbook. Cookbook, The CookBook App, CustomCookBook, the Cookbook logos, other web domains and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks of Cookbook. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cookbook or third-party trademarks. You may electronically copy, screenshot or print to hard copy your Content from our Service for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Cookbook, is strictly prohibited.
6. Mobile Apps.
If you download and utilise any of our Cookbook or CustomCookBook applications these are subject to further Terms of Use for their related mobile, platform and or device operators, which you must accept prior to using their services for first time. Cookbook makes no warranties about the services provided by third parties, and disclaims their liability for any damages arising from our distribution through their services. Each may provide technical support for its services which can independently be found on their sites.
7. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we make reasonable efforts to let you know by placement on our website or applications, or by sending you an email or other communication when these changes take effect. We however encourage you to review our Agreement each time you visit our Services to see if it has been updated since your last use. If you disagree with our changes, then you should stop using our Services immediately and remove all associated data. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. In the case of such termination, Cookbook will have no obligation to provide a refund of any amounts previously paid to Cookbook.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Agreement at any time. This Notice applies exclusively to your access to, interaction with, and use of, our Service and does not alter in any way the terms or conditions of any other agreement you might have with Cookbook and other products, services, or otherwise.
8. Termination.
Cookbook may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Cookbook reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Cookbook and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cookbook nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you access, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Limitation of Liability.
In no event will Cookbook, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cookbook under this agreement during the twelve (12) month period prior to the cause of action. Cookbook shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
11. Linking to this Website
You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
12. Conduct & Exclusions
You must not misuse our Services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Service. Breaching this provision would constitute a criminal offense and the Cookbook will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any material posted on it, or on any website linked to it.
13. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Cookbook
Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom, United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
14. Force Majeure
In no event will Cookbook, or its suppliers or licensors be liable for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
15. Indemnification.
You agree to indemnify and hold Cookbook, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
16. Translation.
These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
17. Privacy.
Your privacy is critically important to us. Visitors and users of our Services must review and agree to the terms set out in our
Privacy Policy prior to providing any information.
18. Miscellaneous.
This Agreement constitutes the entire agreement between Cookbook and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Cookbook, or by the posting by Cookbook of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the United Kingdom.
By accessing this website and our associated products, use of our Services and or products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be detached from these terms and the remaining terms will continue to apply. Failure to enforce any of the provisions set out in this and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions of Service or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These terms and conditions are based (with thanks) on those available by Automattic through the
Creative Commons Sharealike license. These original version of these terms can be seen
here. CookBook has made use other other third party libraries in development of our applications (with thanks) including; AngularJS, OnsenUI, FontAwesome (
), Polyfill JS, ngUpload, Bootstrap, DanDavis (DownloadJS) and a handful more.
19. Communication.
If you have any questions about this Agreement or our other policies and Terms & Conditions, please contact us at support@thecookbookapp.com
The Cookbook app, CustomCookBook and all associated websites, apps and relevant media are products of Cookbook Ltd, 20-22 Wenlock Road, London, N1 7GU, England. Registered in the United Kingdom, company number: 10086673
