Recipe4Living™ is not engaged in rendering health or dietary advice. Recipe4Living™ is not a medical or health services organization. Neither our Website, nor our staff, can provide diagnosis or medical advice, and nothing we do and no element of the Website should be construed as such. The Recipes (as that term is defined hereinbelow), information and reports that we may provide on the Website are not a substitute for physician consultation, evaluation or treatment. You should always check with your physician to be sure that any Recipes, foods, dietary regimes or other products or services offered by Recipe4Living™ are appropriate for you. Recipe4Living™, therefore, disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Website.
The Website is available only to residents of the United States and the District of Columbia that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
In order to obtain Member services, and/or submit Recipes and other Content, you must first submit the applicable application form ("Application") to Recipe4Living™ for review and initial approval. Recipe4Living™ reserves the right, in its sole discretion, to deny access to the Website and/or the Member services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Member services may include, without limitation: your full name, gender, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, date of birth and/or any other information requested on the applicable form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. Recipe4Living™ will verify and approve all registrants in accordance with its standard verification procedures.
During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If Recipe4Living™ approves your Application, and you agree to any required separate agreement, as applicable, Recipe4Living™ will set up your specific Member account and send a confirmation e-mail to the e-mail address that you used to register for the applicable Member services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific Member account at the Website using your User Name and Password. You are responsible for maintaining the confidentiality of your Member account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, User Name and Password. It is recommended that you make any necessary adjustments in connection with your e-mail account in order to ensure that e-mails from Recipe4Living™ are not blocked or otherwise sent to your junk mail folder.
Copyright and Trademarks
The "Recipe4Living.com" and "Recipe4Living" names and logos, and the other marks displayed on the Website are proprietary to Recipe4Living™ or those owners that have granted the right and license to Recipe4Living™ to use such marks. The use of any Recipe4Living™ or third party trademark without the express written consent of Recipe4Living™ or such third party is strictly prohibited.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RECIPE4LIVING™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RECIPE4LIVING™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER RECIPE4LIVING™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER RECIPE4LIVING™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER RECIPE4LIVING™ SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE RECIPE4LIVING™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RECIPE4LIVING™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER RECIPE4LIVING™ SERVICES, MAY BE BROUGHT BY YOU OR RECIPE4LIVING™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RECIPE4LIVING™. ACCESS TO THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Recipe4Living's™ liability shall be limited to the maximum extent permitted by law.
Use of the Recipe4Living™ Website
By submitting any culinary advice, directions, ingredients or other recipe ("Recipe"), comment, article, review, photograph, image or other content or material to the Website and/or Recipe4Living™ ("Submission" and, together with the Recipes, "Content"), either online or offline and whether or not solicited by the Website and/or Recipe4Living™, you hereby grant to Recipe4Living™ an irrevocable, perpetual, royalty-free right and license to use, display, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit such Content and all associated copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including, but not limited to, print, film or electronic storage devices), without compensation of any kind to you or any third party. By submitting such Content and/or other materials to us, you represent and warrant that Recipe4Living's™ use of same does not and will not breach any agreement, violate any law or infringe any third-party's rights.
Recipe4Living Does Not Endorse Member Content
Recipe4Living™ operates the Website as a neutral host, and Recipe4Living™ does not regularly monitor, regulate or police the use of the Website by any of its participants. Recipe4Living™ has the right, but not the obligation, to monitor and edit or remove any Content. Recipe4Living™ takes no responsibility and assumes no liability for any Content submitted by you or any third party. Recipe4Living™ does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by Members on the bulletin board or elsewhere on the Website. Any information or material placed online by Members including, but not limited to, Content, advice and opinions, is the view and responsibility of those Members and does not necessarily represent the view of Recipe4Living™. Where provided by a Members or other third party, Recipe4Living™ exercises no control over the Content or other information made available on the Website and/or passing through its network or equipment. Disputes may arise between you and others or between you and Recipe4Living™ related to such Content or other material posted or made available by and through the Website. Such disputes could involve, among other things: (i) the Content; (ii) other material posted or made available by and through the Website; (iii) use or misuse of domain names; (iii) the infringement of copyrights, trademarks or other rights in intellectual property; (iv) defamation; (v) fraud; and (vi) the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content or other information that you transmit, re-transmit or receive through the Website, network or equipment are your sole and exclusive responsibility. Recipe4Living™ expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on or in connection with the Site.
Recipe4Living™ respects the intellectual property rights of others, and we require our users to do the same. Recipe4Living™ may, in appropriate circumstances and at its discretion, terminate the access of registered Members, subscribers and account holders who infringe upon the copyright, or other intellectual property, rights of others.
Pursuant to Title 17, United States Code, Section 512(c)(2), as amended by Title II of the Digital Millennium Copyright Act, notifications of copyright infringement on the Website must be sent to Recipe4Living's™ Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING RECIPE4LIVING™ THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS INFRINGING ON COPYRIGHTED MATERIAL, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS AND ATTORNEY'S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER OR BY ANY COPYRIGHT OWNER'S LICENSEE, THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION THAT YOU HAVE THE RIGHTS IN, AND THE RIGHT TO POST, ANY CONTENT. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
To be effective, the notification must be a written communication that includes the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your physical mailing address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any claims of copyright infringement regarding the Website and/or Recipe4Living™ should be sent to Recipe4Living's™ Compliance Officer as follows:Recipe4Living.com
Ampere Media LLC
Attn: Compliance Officer
3400 Dundee Rd., Suite 236
Northbrook, IL 60062
Upon receipt of notification of a claimed infringement, Recipe4Living™ will respond expeditiously to remove or disable access to the material that is claimed to be copyright protected.
Recipe4Living™ may also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).
Representations and Warranties
Bypassing or Disabling any Portion of the Website or Software
Accessing the Website
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Website and for ensuring that such equipment and services are compatible with Recipe4Living's™ requirements.
The Website contains links to other websites on the Internet that are owned and operated by third-parties. In some instances, these websites are co-branded and the third-parties are entitled to use Recipe4Living's™ name and logo on their third-party websites. Recipe4Living™ does not control the information, products or services available on these third-party websites. The inclusion of any link does not imply endorsement by Recipe4Living™ of the applicable website or any association with the website's operators. Because Recipe4Living™ has no control over such websites and resources, you agree that Recipe4Living™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that Recipe4Living™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third-party website or any such dealings or promotions.
Recipe4Living™ may provide notices to Members and users by posting notices or links to notices on the Website. Notices to Members may also be made via e-mail, regular mail, overnight courier or facsimile at the Member's contact addresses of record as set forth by that party on the applicable Application or registration form. If Members wish to provide notice to Recipe4Living™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Recipe4Living.com, Ampere Media LLC, Attn: Member Services, 3400 Dundee Rd., Suite 236, Northbrook, IL 60062. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Recipe4Living™ personnel.
How to Contact Us
Revised: November 2008