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Last updated: February 9, 2014


About the Terms & Conditions

We have tried to make our website as useful for you as possible. We always want to put out the best product possible, so please don't hesitate to contact us if you have any ideas on how we can improve the site and make it better for you. We are always adding new features and looking for new ways to enhance your cooking experience.

We kindly ask that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. If you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see if anything has changed. Your continued use of the Build A Cookbook Website ("Website") means that you accept those changes.

THANKS AGAIN FOR VISITING!

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Restrictions on Use of Our Online Materials


All Online Materials on the Website, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by BuildACookbook.com. You, the visitor, may not copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Website. Any attempt to modify Online Material, or to defeat or circumvent our security features is prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by the Website or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

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Submitting Your Online Material to Us


All recipes, remarks, suggestions, ideas, graphics, comments, or other information that you send to the Website through our site (other than information we promise to protect under our Privacy Policy) becomes and remains our property, even if this agreement is later terminated.

This means we do not have to treat any such submissions as confidential. You cannot bring suit against us for using any ideas you submit. If we use any of your submissions, or anything similar to them, we do not have to compensate you or anyone else for them. We will have exclusive ownership of all present and future rights to submissions of any kind. We can use your submissions for any purpose we deem appropriate to the the Website mission without compensation to you or anyone else.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Any recipes or images that are uploaded/added to our website are considered yours and/or recipes or images that you have full rights to. You indemnify BuildACookbook and/or all of its affilates for any use of content that you upload.

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Limitation of Liability


The Website WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  • USE OF (OR INABILITY TO USE) THE SITE
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
  • FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
  • ERROR ON OUR SITE
  • OMISION ON OUR SITE
  • INTERRUPTION OF AVAILABILITY OF OUR SITE
  • DEFECT ON OUR SITE
  • DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
  • COMPUTER VIRUS OR LINE FAILURE
  • PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:    
  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY    
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")    
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
    WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

    EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

    HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

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    Links to Other Sites


    We sometimes provide referrals to and links to other World Wide Websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a the Website-operated site or have moved to another site. the Website is not responsible for the content or practices of third party sites that may be linked to our site. When the Website provides links or references to other Websites, no inference or assumption should be made and no representation should be inferred that the Website is connected with, operates or controls these Websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any the Website or endorsement, sponsorship or support of the Website, including its respective employees, agents or directors.

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    Termination of This Agreement


    This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all the Website, along with all related documentation and all copies and installations. the Website may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Website, we do not in any way promise that the materials will remain available to you. And the Website is entitled to terminate all or any part of any of its Website without notice to you.

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    Jurisdiction and Other Points to Consider


    If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

    These Terms of Use shall be governed by, construed and enforced in accordance with the laws of New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

    To the extent you have in any manner violated or threatened to violate the Website and/or its affiliates' intellectual property rights, the Website and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, and you consent to exclusive jurisdiction and venue in such courts.

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    Any other disputes will be resolved as follows:


    If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York County, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

    If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York County, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

    The Website may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

    If you have any more questions about what we do or how we do it, please contact us at: customersupport@BuildACookbook.com.

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