TERMS OF SERVICE FOR ALL USERS OF WANT THE RECIPE, LLC WEBSITES, BLOGS, AND MOBILE APPLICATIONS (COLLECTIVELY “APPLICATIONS”)
- The content on the Applications, are owned by or licensed to WANT THE RECIPE. Content on the Application is provided to you AS IS for your information and personal use only as set forth in these Terms of Service, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Applications or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Applications or the Intellectual Property therein.
- When you provide User Submissions, you grant to WANT THE RECIPE, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
- In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of WANT THE RECIPE, inappropriate, defamatory, false, obscene, violent, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to WANT THE RECIPE, may result in account suspension or termination.
- WANT THE RECIPE may refuse or remove a User Submission without notice to you. However, WANT THE RECIPE shall have no obligation to monitor User Submissions, and you agree that neither WANT THE RECIPE nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Notwithstanding the foregoing, WANT THE RECIPE reserves the right to monitor all activity conducted over the Application and anticipates that it will do so from time to time.
- WANT THE RECIPE does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
- You represent and warrant that you have all rights necessary to grant to WANT THE RECIPE the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Applications unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.
- Want the Recipe takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- Copyright Policy/Digital Millennium Copyright Act (DMCA)
- The Digital Millennium Copyright Act (DMCA), which you may review at https://www.copyright.gov/legislation/dmca.pdf, governs the use of copyrighted works in digital form. We will respond promptly to complaints reported in accordance with the DMCA. When we get receive a DMCA notice, we will take whatever action we think is appropriate, which may include removing the reported content from the Applications. If we remove content in response to a DMCA notice, we may notify the person who posted it on the Applications so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
- You may submit your complaint to us via email at [firstname.lastname@example.org] or you may submit the complaint by mail to the following address: [37 Milford Street Apartment 1 Boston, MA 02118]. Your complaint should identify the copyrighted work you believe has been infringed. If you are reporting multiple copyrighted works, you can list all of them in your complaint. In addition, you should identify the content on the Applications that you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on the Applications. Finally, your complaint should include your full legal name, electronic or physical signature, mailing address, phone number, and email address, as well as these two statements:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.”
- If the work you’re reporting is an image, you can ask us to remove all copies of the image.
- No Reuse. Material appearing in the Applications may not be reproduced or used for any other purpose without the express prior written consent of WANT THE RECIPE.
- No Warranty. WANT THE RECIPE does not warrant any content which appears through the Applications or any service or product provided by anyone using the Applications and users acquire no rights with respect to WANT THE RECIPE. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by WANT THE RECIPE. Any warranties pertaining to products or services must be negotiated only with the pertinent provider. WANT THE RECIPE shall have no responsibility for any action or omission of any user of the application. Users must use the application and related services solely at their own risk.
- LIMITATION OF LIABIILTY. YOU UNDERSTAND AND AGREE THAT WANT THE RECIPE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APPLICATION AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL WANT THE RECIPE, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “WANT THE RECIPE ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WANT THE RECIPE ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). YOUR ACCESS TO AND USE OF THE APPLICATIONS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATIONS OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATIONS OR THE CONTENT. BY ACCESSING THE APPLICATIONS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
- No Service Provider Responsibility. Any objection to services provided by any user of the Applications must be pursued with said user. WANT THE RECIPE shall have no responsibility of any kind for any service.
- No Assurance of Engagement. Use of this application does not constitute any assurance of engagement to provide services.
- Risk of Security Breaches. While WANT THE RECIPE believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. Thus, users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their WANT THE RECIPE credentials.
- Children not Authorized. The WANT THE RECIPE application is not intended for the use of children under 13 and no such person is authorized to use it.
- Choice of Law and Arbitration. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application) (“Claims”), , shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable.. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and WANT THE RECIPE agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- Submission of Ideas. While we welcome your submission of ideas, suggestions, proposals, comments or materials, including, but not limited to, for new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans or new product or service names (“Submissions”) to WANT THE RECIPE, please be aware that we consider all Submissions to be non-confidential and non-proprietary, and that no confidential relationship exists or is established, expressed or implied, between you and WANT THE RECIPE as a result of, or with respect to, any Submissions. For the avoidance of doubt, WANT THE RECIPE does not agree to hold any Submission in confidence and no effect will be given to the marking of any information submitted as “Confidential” or “Proprietary” or the like. By making your Submission, you hereby grant to the WANT THE RECIPE a worldwide, royalty-free, perpetual license, including a license under any patents, trademarks, copyrights, or other intellectual property rights that you may hold that cover or relate to your Submission, to make, use, sell, manufacture, reproduce, distribute, display, perform, make derivative works from, or sublicense your Submissions for any purpose in any manner, without compensation to you or any other person or party.
- Want the Recipe may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Want the Recipe. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Want the Recipe, you do so at your own risk and you agree that Want the Recipe has no liability arising from your use of or access to any third party website, service, or content.