Terms & Conditions of Use

Last Updated: July 21st, 2009

The following Terms and Conditions of Use (“Terms of Use”) governs the use of Recipemama.net Website (this “Site”). Please read the following Terms of Use carefully before using this Site. By accessing or using this Site, you agree to these terms of use. If you do not agree to these terms you may not use this Site.

We reserve the right to change the terms and conditions of these Terms of Use. We will announce any such changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by this reference. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, technology, URLs, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

Recipemama.net, recipemama, other trademarks, service marks, trade names and trade dress that may appear on the Site are owned by the Site. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Site or any Site Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites from the Site (each, a “Linked Site”). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on any Linked Site.

Other Web sites may provide links to the Site with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to the Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. The Site shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

You agree that your use of any linked site, including your use of any content, products, advertising or other materials available through such linked site, is at your own risk and is subject to the terms and conditions of use applicable to such linked site and such materials.

You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipemama.net of this Site only, provided such link does not portray recipemama in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of the Site’s trademark, logo, or other proprietary information, including the images found at this Site, the content of any text, or the layout/design of any page or form contained on any page of the Site, without the Site’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of the Site.

You agree to indemnify, defend and hold harmless the Site, and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms of Use; and/or (iii) any User Content submitted by you to the Site.  You agree that your representations and warranties, and obligation to indemnify the Site shall survive beyond any term that these Terms and Conditions are in effect.

User Conduct
This Site might include interactive areas, including, but not limited to, comments, polls, surveys, bulletin boards, and exchange areas. All such interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the interactive areas of this Site. You agree not to use the Site to do any of the following:

  1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortuous, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. Upload, email, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without the Site’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
  6. Harm minors in any way; or
  7. 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.

Comments made by others not endorsed
The Site does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the interactive areas contained in the Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Site. You agree that the Site is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

This Site and the content available on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, and you agree use of this site and/or its content is at your sole risk. This site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Recipemama.net does not represent or warrant materials on this site are accurate, complete, reliable, current, or error-free.

Limitation on Liability
In no event shall this Site be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if this Site has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Procedure for Making Claims of Copyright Infringement
The Site strictly follows copyright law regarding recipes as designated in the US Copyright Office document No. FL-122. The Site will occasionally use works for which the Site is not the copyright holder including but not limited to material published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case or any material that we believe to be covered by the Fair Use Doctrine. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement and taking into account factors such as, please follow the claim procedure outlined below and contact us at legal (at) recipemama (dot) net to report possible copyright infringement. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcweb.loc.gov/copyright/.

Please include in your communication:

  1. For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
  2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
  3. For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

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