Last Updated: November 16, 2004
Best Free Recipes" Terms and Conditions
Welcome to
the Best Free Recipes" website at www.TheBestFreeRecipes.com (the "Website")
brought to you by Best Free Recipes ("Best Free Recipes"," "us"
or "we"). You must agree to
these terms and conditions ("Agreement") before you may access and/or
use our Website and/or the recipes service (the Service ) available at the
Website. Please read this Agreement
carefully. By accessing and/or using
this Website and/or Service, you represent and warrant that you are at least
eighteen (18) years of age and that you have the right, authority and capacity
to enter into this Agreement and to abide by all of its terms and conditions. This Agreement is subject to change at any
time and changes are effective upon their posting at the Website. Bookmark this page and check it frequently as
it is up to you to refer to this page for any amendments and/or changes to the
original Agreement. Please review the
following provisions of this Agreement carefully. If you do not agree to all the terms and
conditions contained in this Agreement in its entirety, you are not authorized
to use this Website or the Service in any manner or form.
1. The Service: Through the Service, you have the ability to access
recipes from our recipe database (each, a Recipe ). Registration with Best Free Recipes" is
necessary to become a member ("Member") and to access the Service. Non-members may view select Recipes online,
but must become a Member to save Recipes to an online recipe box (the Recipe
Box ). When you register to become a
Member, you agree to provide accurate, current and complete information about
yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your
Registration Data as accurate, current and complete. You agree to maintain and update your
Registration Data to keep it accurate, current and complete. Best Free Recipes" reserves the right, in its
sole discretion, to terminate your membership for inaccurate, untrue, deceptive
and/or incomplete Registration Data.
At this
time Best Free Recipes" does not charge a fee to access Recipes through the
Service. Members are entitled to store a
pre-selected number of recipes in their online Recipe Box at any given
time. Best Free Recipes" reserves the right
to charge a fee for access to additional Recipes or special Recipes through a
premium membership. Such fees, if any,
will be noted as a requirement to access such Recipes.
Fees. You
agree to pay for all charges incurred by you to obtain a premium membership, if
such fee is required, via the payment method you supply. The cost for a premium membership, if any, are
provided to you at the Website and/or at the point of purchase, and may change
from time to time in Best Free Recipes" sole discretion. These changes are effective when posted at
the Website. Once charged to your
credit/debit card, Best Free Recipes" will continue to charge the monthly premium
membership fee each month until such time that you cancel your premium membership.
Cancellation/Refund Policy.
You may cancel your premium membership at any time and you will no
longer be billed for monthly membership fees. However, Best Free Recipes" will not refund any
membership fees to you for any reason, whatsoever, and your membership will
remain active until the end of the premium membership period for which you have
paid. This Best Free Recipes" credit policy
is disclosed to premium members at the time of purchase and may be changed from
time to time, in the sole discretion of Best Free Recipes", in any manner that
Best Free Recipes" deems reasonable.
2. Eligibility: All visitors and Members must be eighteen (18)
years of age or older and a legal resident of either the
3. Username and Password: As part of the registration process, you will
be asked to select a username and password. We may refuse to grant to you any username, in
our sole discretion, if the username that you select is invalid. Invalid usernames include, but are not limited
to, usernames that are fashioned to impersonate another person, are protected
by trademark law or other proprietary rights, are
vulgar or otherwise offensive or those that may cause confusion. You are solely responsible for the confidentiality
and use of your username and password. You
agree not to transfer or resell your username and/or password, or otherwise
provide access to the Website to any third party. If you have reason to believe that your
account is no longer secure, you must promptly change your password by updating
your account information and immediately notify Best Free Recipes" of same by
e-mailing us at info@thebestfreerecipes.com. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT.
4. Termination: Best Free Recipes" reserves the right to
terminate your access to the Website for any reason or no reason, in our sole
discretion. Best Free Recipes" may terminate your membership via any reasonable
means including, but not limited to, by sending notice to you at the e-mail
address that you provide in your application for membership or such other
e-mail address(es) as you
may later provide to us. Such termination is effective upon transmittal by Best Free Recipes". However, you obligations of
indemnification shall survive any termination of this Agreement or the
cancellation of your Best Free Recipes" membership.
5. License Grant: As a user of this Website, you are granted a
non-exclusive, non-sublicensable, non-transferable,
revocable and limited license to access and use the Website and Service in
accordance with this Agreement. This
license shall terminate upon any termination of this Agreement. In addition, Best Free Recipes" may terminate
this license at any time for any reason.
You may
access and use the Website and Service on one computer for your own personal,
non-commercial use. You may print out
one copy of a Recipe for your own non-commercial, personal use. Otherwise, no part of the Website and Service
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical. You
may not use, copy, emulate, clone, rent, lease, sell, modify, decompile,
disassemble, reverse engineer or transfer the Website, Service, Recipes or any
portion thereof. Best Free Recipes"
reserves any rights not explicitly granted in this Agreement. You may not use any device, software or
routine to interfere, or attempt to interfere, with the proper working of the
Website and/or Service. You may not take
any action that imposes an unreasonable or disproportionately large load on Best Free Recipes" infrastructure.
Your right
to use the Website and Service is not transferable. Access to, and use of, the Website and/or Service
may be through a combination of user name and password ("Login"). If you access the Website and/or Service
through a Login, you must keep your Login strictly confidential. You agree that you are responsible for
protecting your Login at all times. Accordingly,
you are responsible for notifying Best Free Recipes" if there has been any
unauthorized use of your Login. For
6. Proprietary Rights: We reserve the right, in our sole discretion,
to edit or delete any documents, information or other content appearing on the
Website and Service. The Recipes, content,
organization, graphics, design, compilation, magnetic translation, digital
conversion, software, service and other matters related to the Website and Service,
are the sole property of Best Free Recipes" and its licensors and protected under
applicable copyrights, trademarks and other proprietary (including, but not
limited to, intellectual property) rights. The copying, redistribution or publication by
you of any part of the Website and Service is strictly prohibited, unless
otherwise explicitly contained within this Agreement. You do not acquire ownership rights to any Recipes,
content, document, software, service or other materials viewed at or through
the Website and Service. The posting of
information or materials at the Website by Best Free Recipes" does not constitute
a waiver of any right in such information and materials. Recipes are owned by their respective
copyright holder and used by Best Free Recipes" with permission from the
respective copyright licensors. Where a
trademark, service mark and/or other indicia of origin appear in connection
with a Recipe, such use is by license granted to Best Free Recipes" and Best Free Recipes" claims no ownership rights with respect to such trademark, service
mark and/or other indicia of origin.
7. Online Content: Best Free Recipes" does not guarantee the
accuracy, completeness or usefulness of any information available on the
Website and/or through the Service including, without limitation, any
Recipes. You understand and agree that Best Free Recipes"
will not be responsible for, and user hereby agrees to hold Best Free Recipes"
harmless from , any and all loss or damage resulting from anyone's reliance on
information, Recipes or other content posted on the Website, available through
the Service or that which is otherwise transmitted to Members.
8. Online Conduct: As a Member, you agree to use the Service in a manner
consistent with any and all applicable laws and regulations. Without limiting the generality of the
foregoing, you agree not to: use or post any offensive anatomical or sexual
references, offensive language, confidential information of any third person, any
photographs or other images containing offensive, pornographic, obscene and/or
confidential information; impersonate any person or entity; "stalk"
or otherwise harass any person via the Website and/or Service; engage in
advertising to, or solicitation of, other Members to buy or sell any products
or service through the Website and/or Service; transmit any chain letters, spam
or junk e-mail to other Members; express or imply that any statements you make
are endorsed by Best Free Recipes"; harvest or collect personal information about
other Members whether or not for commercial purposes, without their express
consent; use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational structure or
presentation of the Website or its contents; post, distribute or reproduce in
any way any copyrighted material, trademarks or other proprietary information
without obtaining the prior consent of the owner of such proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained
on the Website; interfere with or disrupt the Service and/or Website, or the
servers and/or networks connected to the Service and/or the Website; post,
e-mail or otherwise transmit 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; forge headers or otherwise manipulate identifiers in order to
disguise the origin of any e-mail greeting card transmitted through the Service;
"frame" or "mirror" any part of the Website, without our
prior written authorization; use metatags or code or
other devices containing any reference to Best Free Recipes", the Service or the
Website in order to direct any person to any other website for any purpose;
and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Website or any software used on or
for the Website or cause others to do so. Engaging in any of the aforementioned
prohibited practices shall be deemed a breach of this Agreement and may result
in the immediate termination of your membership without notice, in the sole
discretion of Best Free Recipes", pursuant to the terms of this Agreement. Best Free Recipes" reserves the right to pursue any and all legal remedies against users
who engage in the aforementioned prohibited conduct.
9. Privacy: Use of the Website and/or Service is governed
by our Privacy Policy, which may change from time to time. Best Free Recipes" reserves the right to use your
personal information in any manner consistent with our Privacy Policy.
10. Indemnification: You agree to indemnify, defend and hold Best Free Recipes", its parents, subsidiaries and affiliates, and each of their
respective officers, executives, employees, owners, and authorized agents (each
a "Covered Party"), harmless from any and all loss, liability, claims
and/or demands (including reasonable attorneys' fees, costs and settlement
amounts) made by any third party due to, or arising out of, your use of the
Website, the Service and/or arising from your breach of this Agreement.
11. WARRANTIES/LIMITATION OF
LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS
AND/OR USE OF THE WEBSITE AND/OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A
PARTICULAR PURPOSE. THE WEBSITE AND/OR SERVICE
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BEST FREE RECIPES" AND
THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY
TO USE, THE WEBSITE AND/OR SERVICE. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST FREE RECIPES" AND THE COVERED
PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
BEST FREE RECIPES " IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION,
FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2)
THE CONDUCT OF ANY MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT
LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF
ANY OTHER PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT
POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICE, WHETHER
CAUSED BY BEST FREE RECIPES", MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING
ASSOCIATED WITH, OR UTILIZED IN, THE SERVICE; 4) ANY COMPUTER VIRUS OR OTHER
MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM
LIABILITY OF BEST FREE RECIPES" AND THE COVERED PARTIES TO YOU OR TO ANY
THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO
THE PURCHASE PRICE THAT YOU HAVE PAID TO BEST FREE RECIPES" FOR THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, BEST FREE RECIPES" SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS
AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH
THE WEBSITE AND/OR SERVICE. IF YOU ARE
DISSATISFIED WITH THE WEBSITE AND/OR SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE CANCELLATION OF YOUR
MEMBERSHIP AND TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
12. Third-party Websites: The Website and/or Service may provide
hyperlinks, banner advertisements, pop-ups and/or other online methods to
redirect you to other third party Internet websites and/or resources. Because Best Free Recipes" has no control over
such websites and/or resources, you hereby acknowledge
and agree that Best Free Recipes" is not responsible for the availability of such
third party websites and/or resources. Furthermore,
Best Free Recipes" does not endorse, and is not responsible or liable for, any
content, advertising, services, products and/or other materials at or available
through such third party websites or resources, or for any damages and/or
losses arising therefrom.
13. Copyright Claims: Best Free Recipes" respects the intellectual
property rights of others, and we ask our Members to do the same. The content available at the Website, Service
and Recipes is solely the property of Best Free Recipes" and its licensors. Best Free Recipes" may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of Members who may
be infringing the intellectual property rights of others.
If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Best Free Recipes"' copyright agent with the following
information:
º A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
º Identification of the copyrighted work claimed to have
been infringed or, in the case of multiple copyrighted works, a representative
list of such works.
º Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit Best Free Recipes" to locate the material.
º Information reasonably sufficient to permit Best Free Recipes"
to contact you, such as an address, telephone number and, if available, an
e-mail address at which you may be contacted.
º A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner,
its agent or under applicable laws.
º A statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Best Free Recipes"'
agent for notice of claims of copyright and other intellectual property right
infringement can be reached as follows:
By mail:
Copyright Claims c/o Traffix, Inc., One Blue Hill Plaza, Pearl River, New York
10965
By email: copyrightclaims@traffixinc.com
14. Miscellaneous: You are solely responsible for providing all
personal computer and communications equipment necessary to gain access to the
Website and Service. Best Free Recipes"
does not guarantee continuous, uninterrupted or secure access to our Service,
and operation of the Website may be interfered with by numerous factors outside
of Best Free Recipes"' control. Terms that,
by their nature, would survive any termination of this Agreement including,
without limitation, Sections 9, 10, 11 and 14, shall survive any termination of
this Agreement. This Agreement shall be
treated as though it were executed and performed in
15. Legal Warning: Any attempt by any individual, whether a
Member or otherwise, to damage, destroy, tamper with, vandalize and/or
otherwise interfere with the operation of the Website and/or Service, is a
violation of criminal and civil law and Best Free Recipes" will diligently pursue
all remedies in this regard against any offending individual or entity to the
fullest extent permissible by law and in equity.
16. Contact Us:
Best Free Recipes"
c/o Traffix,
Inc.
One
10965