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Terms of Service

These Terms of Service ("Terms") govern your use and access of the services and Recipeland.com’s websites, mobile applications and other products (the "Services"), and any information, text, photos, graphics or other data uploaded, downloaded or appearing on or within the Services (collectively referred to as "Content"). Your use of the Services and access to the Services is conditioned on your compliance and your acceptance of these Terms. By using or accessing the Services or Content, you agree to be fully bound by and comply with these Terms.

INTELLECTUAL PROPERTY

Unless otherwise explicitly specified, the Website, mobile applications and software (inclusive of past, present and future versions) and the included Content (and any enhancements or derivative works of the same), including, but not limited to, all images, layout, text, illustrations, instructions, files, designs, software, scripts, sounds, graphics, photos, music, videos, advertising copy, information, content, materials, services, products, URLs, technology, documentation, the "look and feel" of the Website, interactive features, the compilation, arrangement and assembly of the materials of the Website, mobile applications, software, and any and all copyrightable material (including source, object code and scripts), (collectively, the "Application Content") and all intellectual property rights to the same are controlled or owned controlled by us, our licensors, or both. Additionally, all services marks, trademarks, trade names, trade dress and trade identities that may appear on the Website, mobile applications and software are owned by us, our licensors or both. Except for the limited use rights that are granted to you within these Terms of Use, you shall not, in any manner, acquire any right, title or interest in the Website, mobile application, software or any Application Content. Any and all rights not expressly granted in these Terms of Use are expressly reserved.

Basic Terms

By accessing or using this Website, mobile applications and software or any services provided by Recipeland, you agree to and are bound by these Terms, and our Privacy Policy, whether you are a registered user or not of our service. These Terms are applicable and apply to all visitors, registered users, automated robots, and others who access the service.

You are responsible for your use of the Services, as well as for any Content you submit, post or otherwise provide to the Services, and for any consequences thereof. Any Content that you post, submit, or display will be able to be accessed and viewed by other users, visitors and automated robots including search engines of the Services and through third party services and websites, mobile applications, search engines and software. You should only provide, post or otherwise submit Content that you are comfortable sharing with others under these Terms.

In a nutshell: What you post on RecipeLand.com may be viewed throughout the world instantly.

You may only use our Services if you can form a binding contract with RecipeLand.com and are not a person that has been barred from receiving services governed by the laws of the United States, Canada, U.K, Australia, New Zealand, Germany, France or other applicable jurisdiction. The Services may only be used in compliance with these Terms and all applicable international, national, provincial, state and local laws, rules, and regulations.

The Services that RecipeLand.com provides are constantly evolving; the type, form and nature of the Services that RecipeLand provides may change from time to time without prior notice to you. In addition, RecipeLand.com may cease (permanently or temporarily) to provide the Services (or any of the features contained within the Services) to you or to users and visitors in general and may not be able to provide you with prior notice. We reserve the right to create and establish limits on the use of, access and data storage at our sole discretion at any time, with or without prior notice to you.

The Services may include advertisements. These advertisements may be selected and targeted to the information or Content provided on the Services or queries made via the Services or other information. The nature, types and extent of advertising by RecipeLand on the Services are subject to change. In consideration for RecipeLand granting you usage of and access to the Services, you agree that RecipeLand, its partners and third party providers, may place and display such advertising throughout the Services or in the connection with the display of Content from the Services whether submitted by you or others.

Any information that you provide to RecipeLand is subject to our Privacy Policy. The Privacy Policy governs our collection and use of your information. Through the use of the Services, you understand and consent to the use and collection of this information (as has been set forth in the Privacy Policy), including the transfer of this information to Canada, the United States, UK, Australia and/or other countries for the purpose of processing, storage and use by RecipeLand, third party providers and partners.

We may need to send or provide you certain communications, as a requirement of providing you the Services, such as administrative messages, notifications, and service announcements. Such communications are considered an integral part of the Services and your RecipeLand account, which you may not be capable of or able to opt-out from receiving.

Passwords

You are responsible for keeping your password safe. We recommend that you employ the use of "strong" passwords (that use a long length and combination of symbols, numbers, letters, both upper and lower case letters and/or generated by password management software) with your account. We cannot and will not be liable for any damage or loss arising from your failure to comply with the above requirements.

Content on the Services

Whether publicly posted or privately transmitted, all Content is the sole responsibility of the person who introduced such Content. We may not monitor or be in control the Content posted or submitted using the Services and, we cannot take responsibility for such Content. Any reliance or usage of any of the Content or materials posted via the Services or obtained by you through the usage of the Services is at your own risk.

We do not support, represent, endorse, guarantee the completeness, accuracy, truthfulness, or reliability of any communications of Content posted via the Services or endorse any opinions expressed via the Services. By using the Services, you could be presented or exposed to Content that might be inaccurate, harmful, offensive, or otherwise unseemly or in some cases, postings that may have been mislabeled or are otherwise deceptive. Under no circumstances will RecipeLand be liable in any way for any Content. This includes, but is not limited to, any omissions or errors, or any damage or loss of any manner that may be incurred as a result of the use of any Content posted, transmitted, emailed, text messaged or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your ownership to any Content you post, submit or provide for display on or through the Services. By providing Content on or through the Services, you understand that you grant us a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to copy, use, reproduce, adapt, modify, process, display, transmit, distribute and publish such Content using any and all distribution or media methods (that are now known or may later developed).

In a nutshell: This license is you authorizing us to make your recipes, posts, photos and other information that you share available to the rest of the world and to let others do the same.

You understand and agree that this license includes the right for RecipeLand to make such Content available to other third parties, companies, organizations or individuals who partner with RecipeLand for the syndication, distribution, broadcast, or publication of such Content on other services and media, subject to our terms and conditions for such Content use.

Such additional uses by RecipeLand, or other companies, organizations or individuals who partner with RecipeLand, may be made with no compensation paid to you with respect to the Content that you provide, post, transmit or otherwise make available through the Services.

We may adapt, adjust or modify your Content in order to transmit, distribute, or display it over electronic networks and in a variety of media and/or make modifications to your Content as are needed to conform and accommodate that Content to any requirements or limitations of any networks, services, media or devices.

You are responsible for your any Content you provide, the use of the Services, and for any consequences thereof, including the use of your Content by other users and our partners. You understand that your Content may be distributed and republished by our partners as well as search engines and other websites and that if you do not have the appropriate rights to submit Content for such use, it may subject you to liability. RecipeLand will not be responsible or liable for any use of your Content by RecipeLand in accordance with these Terms. You warrant and represent that you have all the rights, authority and power needed to grant the rights granted herein to any Content that you submit.

RecipeLand gives you a personal, royalty-free, worldwide, non-assignable and non-exclusive license to use the software that is provided to you by RecipeLand as part of the Services. This usage license is for the sole purpose of enabling you to use personally and enjoy the benefit of the Services as provided by RecipeLand, in the manner permitted by these Terms. You understand that using the Services and Content for commercial purposes is explicitly prohibited.

RecipeLand Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of RecipeLand and its licensors. The Services are protected by trademark, copyright, and other laws of Canada, the United States, UK, Australia, and foreign countries. Nothing in the Terms gives you the right to use the RecipeLand name or any of the RecipeLand trademarks, logos, domain names, and other distinctive brand features. Any and all feedback, suggestions, or comments you may provide regarding RecipeLand, or the Services is completely voluntary and we will be free to use such suggestions, feedback or comments as we see fit and without any obligation to you.

Restrictions on Use of the Services and Content

We reserve the right at all times (but will not have an obligation) to refuse to distribute or remove any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, preserve, store, read, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable legal process, law, regulation, or governmental request, (ii) enforce the Terms, including the investigation of possible or potential violations hereof, (iii) detect, curtail, prevent, or otherwise mitigate fraud, security or technical issues, (iv) reply to user support requests, or (v) protect the rights, safety or property of RecipeLand, its users and the public.

In a nutshell: RecipeLand does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, RecipeLand’s computer systems, or the technical delivery systems of RecipeLand’s providers; (ii) probe, scrape Content, scan, or test for the vulnerability of any systems or network or attempt breach or circumvent any authentication measures or security systems; (iii) access or or attempt or search to access or search the Services or Content by any means (automated or otherwise) outside our currently available, published interfaces that are provided by RecipeLand (and only pursuant to those terms and conditions), unless you have been specifically authorized to do so in a separate agreement with RecipeLand (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services or Content without the prior consent of RecipeLand is expressly prohibited) including republishing of any Content; (iv) forge any network packet header or any portion of the header information in any email, or other message, or posting, or in any way use the Services to send deceptive, altered or falsify source-identifying information; or (v) disrupt or interfere with, (or attempt to do so), the access of any user, network or host, including, without limitation, sending a malware or virus, overloading, denial of service, flooding, text or mail-bombing the Services, or by scripting the creation or submission of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

RecipeLand respects the intellectual property rights of others and requires and expects users of the Services to do the same. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied or posted in a way that constitutes copyright infringement, please provide us with the following information so we can procedurally investigate: (i) a physical signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification, description and classification of the material that is allegedly claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and any information reasonably sufficient to permit us to locate the material, such as URL web address; (iv) your complete contact information, including your address, telephone number, and an email address; (v) a written and signed statement by you that you have a good faith belief that the usage of the material in the manner complained of is not sanctioned or authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is true, accurate and correct, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Infinite Networks Inc. 171A Rink St., Suite 148 Peterborough, ON, CA, K9J 2J6

We reserve the right to withdraw or remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, RecipeLand may also terminate a user’s account should investigation reveal the user is a repeat infringer.

Indemnification

You agree to indemnify and hold harmless Recipeland and its officers, directors, employees, developers, agents, and members from and against any claims, proceedings, suits, demands, liabilities, disputes, damages, costs, expenses and losses, including, without limitation, all reasonable accounting, administrative and legal fees (including costs of defense of claims, proceedings or suits brought by third parties), that arise out of or in any way related to (i) your access to or use of the services or any content on Recipeland.com, (ii) your user submitted content, or (iii) your breach of any of these Terms.

The Services are Available "AS-IS"

Your use of and access to the Services or any Content is at your own risk. You understand and agree that the Services is granted to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, RECIPELAND AND ITS PARTNERS DISCLAIM ANY WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. We make no warranty and disclaim all liability and responsibility for the availability, completeness, accuracy, timeliness, security or reliability of the Services or any content thereon. RecipeLand will not be liable or responsible for any loss of data, harm to your computer system, or any other harm that results from your access to or use of the Services, or any Content. You additionally agree that RecipeLand has no responsibility or liability for the removal of, or the failure to transmit or store, any Content or other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an error-free, uninterrupted or secure basis. No advice or information, whether verbal or written, obtained from RecipeLand or through the Services, will create or constitute any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RecipeLand of such websites or resources or the content, products, or services available from such websites or resources. You understand and acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Licensing of Intellectual Property

The intellectual property contained on this website MAY NOT BE DOWNLOADED except by normal viewing process of the browser. The intellectual property may not be copied to another computer, transmitted , published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Infinite Networks Inc. and payment of a fee or arrangement thereof.

No images are within Public Domain. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.

Infinite Networks Inc. vigorously protects copyright interests. In the event that an infringement is discovered you will be notified and invoiced at the minimum 10x the STANDARD FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U S Federal Court where you will be subject to a fine of US$150,000 statutory damages as well as all court costs and attorneys' fees. By entering this site you are agreeing to be bound by the terms of this agreement. Entrance to site is expressly on these conditions which embodies all of the understandings and obligations between the parties hereto. ALL ENTRIES ARE LOGGED. To secure reproduction rights to any images by E-Mail send to help @ recipeland.com or call Infinite Networks Inc. at +1.888.959.4335.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECIPELAND AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS, LOSS OF PROFITS, USE, DATA, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICES; (ii) ANY CONSENT OR CONDUCT OF ANY THIRD PARTY ON OR OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, ALTERATION OR USE OF YOUR CONTENT OR TRANSMISSIONS, WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RECIPELAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some legal jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of RecipeLand to enforce any provision or right of these Terms will not be deemed a waiver of such right or provision. In such event that any provision of these Terms is held to be unenforceable or invalid, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of Ontario without regard to or application of its conflict of law provisions or your state, province or country of residence. All claims, litigation or legal proceedings arising in connection with the Services will be brought solely in Peterborough, Ontario, Canada and you consent to the jurisdiction of and venue in such courts and you waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Province of Ontario (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between RecipeLand and you regarding the Services (excluding any services for which you have a separate agreement with RecipeLand that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between RecipeLand and you regarding the Services. Other than members of the group of companies of which RecipeLand is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time. The most current version will always be at the URL: recipeland.com/home/terms_of_service. If the revision, in our sole discretion, is material we will notify you via email to the address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Last updated: 2014-12-28