TERMS OF SERVICE
These Terms of Service (these “Terms”) are a legal agreement (this “Agreement”) between you and THE RECIPE DIVA, L.L.C., a Nevada limited liability company (“The Recipe Diva”). These Terms govern your use of and access to The Recipe Diva Website (as hereinafter defined).
2. Participation. By submitting recipes, images, tips, suggestions and any and all other information (collectively, the “Information”) on and by participating in The Recipe Diva Website, you acknowledge and agree that: (a) uploaded recipes, photographs and other Information are your property and are not copied from another source; (b) The Recipe Diva shall be entitled to use, edit or disclose the Information for any purpose, in any way, in any media worldwide; (c) the Information does not contain any confidential or proprietary information; (d) The Recipe Diva may have, images, tips, suggestions and other information similar to the Information already under consideration or in development; (e) the Information automatically becomes the property of The Recipe Diva without any obligation of The Recipe Diva to you; and (f) you are not entitled to and, except for any right to a refund of any payment you make to the Recipe Diva for goods and services furnished to you, you hereby waive any and all compensation or reimbursement of any kind from The Recipe Diva under any circumstances.
4. Compliance with these Terms. You agree to comply with these Terms. Your failure to comply with any provision of these Terms, or your breach of any covenant, representation or warranty, will be a default under these Terms and will entitle The Recipe Diva, at its sole discretion, to terminate your participation in The Recipe Diva Website immediately. Any and all rights you may have under these Terms will immediately cease upon our termination of your account with The Recipe Diva. Termination of your account with The Recipe Diva Website, if taken, will not relieve you of responsibility for any payments for services or products you have purchased prior to terminating your account.
5. Definitions. Unless otherwise defined in these Terms, capitalized terms shall be defined as follows:
a. “Authorized Use” shall mean use of The Recipe Diva Website to view and share recipes and cooking tips, subject to the terms of these Terms.
b. “Communications” shall mean any communication, transmittal, notice, record, agreement, or other type of information that is made available to you or received from you in connection with The Recipe Diva Website or these Terms, including all electronic communications, account registration and other account holder information, and any financial, accounting and other data entered using the information furnished by you.
d. “User Parties” shall mean you and any agents or other users that you authorize to use The Recipe Diva Website.
e. “The Recipe Diva Website” shall mean The Recipe Diva’s recipe and cooking tips sharing program, recipe store, social networking, messaging and related activities associated with www.therecipediva.com, including software and source code, content, graphics, intellectual property, direct marketing services, ancillary products, prizes, technical processes, trade “know-how”, trade secrets, computer processing systems and property of The Recipe Diva.
f. “Parties” shall mean you and The Recipe Diva.
6. Restrictions on Use. By using The Recipe Diva Website, you agree not to: (a) copy, reproduce, resell, trade, exploit for any commercial purpose or distribute any material from The Recipe Diva Website; (b) transfer any of the rights granted to you under these Terms; (c) work around any technical limitations in The Recipe Diva Website; (d) use any tool to enable features or functionalities that are otherwise disabled in The Recipe Diva Website, or decompile, disassemble, or otherwise reverse engineer software of The Recipe Diva Website, except as otherwise permitted by applicable law; (e) perform or attempt to perform any actions that would interfere with the proper working of The Recipe Diva Website or the protection of its proprietary information or intellectual technology; (f) use The Recipe Diva Website for any purpose other than the Authorized Use; (g) violate any terms, conditions, or restrictions of these Terms; (h) post unauthorized commercial communications (such as spam) on The Recipe Diva Website; (i) collect users’ content or information or otherwise access The Recipe Diva Website without our permission; (j) upload viruses or other malicious code; (k) post content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (l) offer any contest, giveaway, or sweepstakes on The Recipe Diva Website without our prior written consent; and (m) use The Recipe Diva Website to do anything unlawful, misleading, malicious, or discriminatory.
8. Use, Storage and Access. The Recipe Diva reserves the right, at any time and at its sole discretion, to revise, update, modify or discontinue The Recipe Diva Website (or any part thereof), temporarily or permanently, with or without notice. You agree that The Recipe Diva shall not be liable to you or to any third party for any modification, suspension or discontinuance of use of The Recipe Diva Website (or any part thereof). Your continued use of The Recipe Diva Website will constitute your acceptance of any changes. The Recipe Diva may, from time to time, perform maintenance upon The Recipe Diva Website resulting in interrupted service, delays or errors in The Recipe Diva Website. The Recipe Diva will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
The Recipe Diva also may establish general practices and limits concerning use of The Recipe Diva Website. These practices may include the maximum number of days that email messages, message board postings or other uploaded Information will be retained by The Recipe Diva, the maximum number of email messages that may be sent from or received by an account with The Recipe Diva, the maximum size of email messages that may be sent from or received by an account with The Recipe Diva, the maximum disk space allotted on The Recipe Diva’s servers, and the maximum number of times (or the maximum duration) you may access The Recipe Diva Website in a given period of time. You agree that The Recipe Diva has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by use of The Recipe Diva Website. The Recipe Diva reserves the right to log off accounts that are inactive for an extended period of time. The Recipe Diva reserves the right to modify these general practices and limits from time to time.
9. Disclaimer of Warranties. THE RECIPE DIVA WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECIPE DIVA, ITS MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY CONTENT OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE RECIPE DIVA WEBSITE OR ANY AFFILIATED PROGRAMS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. THE RECIPE DIVA DOES NOT WARRANT THAT ANY SOFTWARE WHICH IS PART OF THE RECIPE DIVA WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER PROGRAM LIMITATIONS, OR THAT ANY SOFTWARE OR SERVICES OF THE RECIPE DIVA WEBSITE WILL MEET YOUR REQUIREMENTS. IN THE EVENT THAT TEXAS LAW DOES NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE HEREBY LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE TO THE FULLEST EXTENT POSSIBLE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS UNDER TEXAS LAW.
10. Limitation of Liability and Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECIPE DIVA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND YOU AGREE NOT TO ASSERT CLAIMS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE RECIPE DIVA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE RECIPE DIVA BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES THE RECIPE DIVA ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE RECIPE DIVA WEBSITE. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE RECIPE DIVA. THE RECIPE DIVA COULD NOT PROVIDE YOU WITH ACCESS TO THE RECIPE DIVA WEBSITE WITHOUT SUCH LIMITATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF USE OF THE RECIPE DIVA WEBSITES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE RECIPE DIVA OR THROUGH OR FROM USE OF THE RECIPE DIVA WEBSITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Representations and Warranties. You hereby represent and warrant to The Recipe Diva that you (a) are authorized to enter into these Terms, (b) have been advised that these Terms are legally binding and have been advised to consult with legal counsel prior to accepting these Terms, (c) have properly obtained permission from any customers or third parties to furnish any of the information that you provide to The Recipe Diva, (d) will comply with the terms, conditions, and restrictions of these Terms, and (e) have provided information to The Recipe Diva that is true and correct, complete, and accurate in all material respects.
12. Consent to Conduct Business Electronically. The Recipe Diva may be required by law to send Communications to you that pertain to The Recipe Diva Website. By accepting these Terms, you agree that The Recipe Diva, on behalf of itself and others who administer any of its services, may send Communications to you by email and/or may make Communications available to you by email correspondence. You consent to receive these Communications electronically, and you hereby represent that you are able to receive such Communications by electronic means. The decision to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities required to receive such Communications. Your consent to do business electronically and these Terms cover all transactions you conduct through The Recipe Diva Website for as long as you remain a subscriber to The Recipe Diva Website or until you opt out of such Communications. If you later decide that you do not want to receive future Communications electronically, you may unsubscribe from our electronic mailings or you may contact us via email at firstname.lastname@example.org. Please be advised that these Terms are subject to the Electronic Signatures in Global and National Commerce Act (Pub. L. No. 106-229, 114 Stat. 464 (2000) (codified at 15 U.S.C. § 7001 et seq.).
13. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Recipe Diva Website or the these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Amendment. The Recipe Diva shall have the right, to change or add to the terms of these Terms at any time and to change, delete, discontinue, or impose conditions on any feature or aspect of The Recipe Diva Website upon reasonable notice to you, including email correspondence to you. Any use of The Recipe Diva Website by you after The Recipe Diva’s publication of any such change shall constitute your acceptance of these Terms as modified.
16. Termination. Your License to use The Recipe Diva Website under these Terms may be terminated or suspended by The Recipe Diva immediately and without notice if you fail to comply with any term or condition of these Terms. Termination of your account with The Recipe Diva includes any or all of the following: (a) removal of access to all or part of the offerings within use of The Recipe Diva Website; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring of further use of all or part of use of The Recipe Diva Website. Upon termination, you must immediately cease using The Recipe Diva Website and any of its components. Any termination of these Terms shall not affect The Recipe Diva’s rights hereunder. Upon termination of this Agreement as provided herein, The Recipe Diva shall not be liable to you or any third party for termination of your access to The Recipe Diva Website, deletion of your access information and account data, or any third party’s use of any of your Communications.
17. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE RECIPE DIVA AND ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR VIOLATION OF THESE TERMS, YOUR BREACH OF ANY REPRESENTATION OR WARRANTY UNDER THESE TERMS, INFORMATION THAT YOU SUBMIT, POST, TRANSMIT, MODIFY OR OTHERWISE MAKE AVAILABLE THROUGH USE OF THE RECIPE DIVA WEBSITE, ANY THIRD PARTY’S MISUSE OR THEFT OF ANY INFORMATION PERTAINING TO THE COMMUNICATIONS OR ANY INFORMATION FURNISHED BY YOU (INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATED TO HACKERS OR ANY IDENTITY THEFT), YOUR VIOLATION OF ANY STATE OR FEDERAL LAWS OR REGULATIONS, OR YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT OR INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS.
18. Notices. All notices, authorizations, and requests in connection with these Terms will be deemed given: (a) three (3) days after they are deposited in the U.S. mail, postage prepaid, certified or registered, return receipt requested; (b) one (1) days after they are sent by air express courier, charges prepaid; or (c) on the day of transmittal if sent by facsimile, or by modem or other means of accepted electronic communication, including email, in each case to the address provided by you. Notices to The Recipe Diva shall be sent to:
Pacific Registered Agents, Inc.
1805 N. Carson Street, Suite S
Carson City, NV 89701
19. Storing Messages. The Recipe Diva Website allows you and others to save messages on The Recipe Diva’s servers. This means you can access and search your messages on The Recipe Diva Website from any computer with internet access. Other users may save messages to and from you in their account on The Recipe Diva Website. Your agreement to these Terms constitutes your consent to allow The Recipe Diva to store these communications on its server.
20. Transfers of Accounts. You agree that your account with The Recipe Diva is non-transferable and any rights to your user identification or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
21. Third Party Websites. Use of The Recipe Diva Website may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that The Recipe Diva is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Recipe Diva shall not be 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 such Information, goods or services available on or through any such site or resource.
22. Waiver and Severability of Terms. The failure of The Recipe Diva to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Last updated November 18, 2010
A young cook from Minnesota, she is gluten-free and has shared many delicious, healthy, and gluten-free recipes. This was great for our campaign with Generation Rescue as many autistic children are on gluten and casein free diets.