As used in this Create My Cookbook User Agreement (“Agreement”), “you” means both (a) the individual now registering as a user of the www.createmycookbook.com web site (the “Site”), and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). “Create My Cookbook” or “we/our” refers to CreateMyCookbook, LLC as owner of the Site and doing business as Create My Cookbook. This Agreement is a binding obligation which may be enforced against you regardless of whether you read this Agreement (or other documents incorporated into this Agreement by reference).
By registering for an account, you represent that you are of the age of legal majority in your state or country of residence. If you are a parent registering on behalf of a child between the ages of 13 and 18, you agree that you are responsible for the activities of your child on the Site and agree to indemnify us for any damages incurred by us to the extent caused by such activities. If you are registering on behalf of a Company, you represent and warrant that you are authorized to enter into this binding legal Agreement on behalf of the Company. You agree that all information you submit to the Site as part of your registration (or later updates to this information) is true, accurate and up to date. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.
We agree to provide you access to the Site and the services available on the Site (“Services”) only as authorized in this Agreement and the other documents incorporated by reference herein. We reserve the right to reject your user registration by notifying you of our decision. Even after acceptance, we may terminate or suspend your account and ability to use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability or loss, we reserve the right to notify other users of your actions. You may terminate this Agreement and your account with us only if you are not the sponsor of an active Contest (as defined below) on the Site and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with Section VI.4 below.
If you are an individual entering this Agreement on behalf of a Company and you are not authorized to bind the Company to this Agreement, or to the extent your personal conduct on the Site is in violation of this Agreement or causes harm to others, Create My Cookbook reserves the right to assert remedies against you personally under this Agreement.
The Site is designed for registered users (“Users”) to (i) post on-line recipes and digital images, (ii) to create custom books containing recipes, digital images, and other content, (iii) to place orders for printed copies of cookbooks to be shipped to the User, and (iv) to communicate with one another through functions on the Site
If you create books using the Site, you warrant and agree that:
All Content and items in the created book does not infringe upon the rights of any third party (including any copyright, trademark or patent held by third parties or any contractual right).
To order any books you have created or other products offered by Create My Cookbook, you warrant and agree that You are at least eighteen (18) years of age or the applicable age of majority in your jurisdiction, and You will provide valid credit card information from an issuer then accepted by us.
Placing an order with us does not constitute our confirmation of an offer to sell. We reserve the right to reject an order placed with us for any reason, and at any time. Your order will be deemed accepted upon delivery of the products you have ordered.
You agree to pay the applicable fees in connection with your orders and purchases including, but not limited to, shipping and handling fees, sales taxes, use taxes, import taxes, and duties. Create My Cookbook may automatically charge and withhold taxes for orders to be delivered within any jurisdiction that we deem is required.
In addition to the terms and conditions of this Agreement, your use of the Site is conditioned upon your agreement to the Create My Cookbook Return Policy, available http://www.createmycookbook.com/return_policy (“Return Policy”) If you do not agree to the terms in the Return Policy, please do not register or use the Site.
Returns will be subject to the Return Policy in effect at the time of purchase.
You hereby grant Create My Cookbook a non-exclusive, worldwide, paid-up, irrevocable, sub-licenseable, perpetual license to publish, distribute to its users and visitors to the Site, and use in the ways contemplated in this Agreement, in any media known now or in the future, all Content contained in your User Submissions. Content on the Site (other than your own User Submissions) is provided for your information and personal use only 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 Create My Cookbook or the respective owner of the applicable Content (i.e., in the case of any User Submission, the applicable User). Create My Cookbook reserves all rights not expressly granted in and to the Site and the Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. The Create My Cookbook and Atlanta CS names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Create My Cookbook, and no license is granted to you to use such marks in any manner.
You agree not to violate or attempt to violate the security of the Site or the rights of other Users, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
You agree not to do any of the following in your User Submissions or transactions on the Site:
With regard to any Content you post as part of a User Submission, you warrant that you have all necessary rights to publish such Content and license the same to us, including any license or permission of a third party to publish or use such Content in the manner you are using it. You further agree not to post any User Submissions that may be defamatory, or harass or otherwise violate the privacy of any User by means of your User Submissions.
YOU AGREE THAT USE OF THE SITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, USER SUBMISSIONS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY CONTESTS, LINKS OR OTHER ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE, INCLUDING GUIDANCE ON CREATING CONTEST RULES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE OR ANY LOSS YOU INCUR DUE TO THE ACTS OR FAILURES TO ACT OF USERS OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF CREATE MY COOKBOOK, OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS (COLLECTIVELY “CMC PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, SERVICES OR THE CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE CMC PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall indemnify, defend and hold the CMC Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a CMC Party in connection with any claims arising out of, based upon or resulting from (a) any breach or violation by you of this Agreement, (b) any use by you of the Site, (c) a dispute with another User or allegation that you have harmed another User, (d) the infringement by you or any other User of any intellectual property or other right of any person or entity; or (e) any tax assessed on us due to your activities on the Site (other than taxes with respect to our income). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the CH Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, Create My Cookbook reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. In the event that you bring an action in an improper forum in violation of this Section 3, Create My Cookbook shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
Except as explicitly stated otherwise, any notices you send to us shall be given to email@example.com, or, in the case notices we send to you, to the e-mail address or street address listed in your user information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
This Agreement may be enforced by a registered user as an intended third party beneficiary; however, no other party is an intended third party beneficiary of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The following Sections shall survive any termination of this Agreement: Section I.5, Section II.2 through 4, Section III, Section IV.1 and IV.4, Section V, Section VI.2, 3, 5 and 6. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the Return Policy or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement comprises the entire agreement between you and Create My Cookbook and supersedes all prior agreements or statements between us, written or oral, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.