Terms of Service
Last updated: January 27, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.cupboardcookbook.com website (the “Service”) operated by Cupboard Cookbook (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, download, store, share and otherwise make available certain information, text, graphics, images, recipes, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We also reserve the right to remove any Image, video, recipe, post, or other content at any time if we believe it’s defective, unsuitable for public viewing, of poor quality, or in violation of any rights. We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the TOS or are found to be infringing on a copyright. Upon termination, your right to use the Website will immediately cease.
When uploading you don’t retain any and all of your rights to any Content you submit, post or display on or through the Service; you release content (images, videos, and recipes) under Creative Commons CC0 into the public domain. You are responsible for protecting your own rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. You are solely responsible for the images you upload. You warrant that you possess all proprietary rights regarding the image, video, and/or recipe (Content) and you are required to procure a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any reason, without any constraints, unless such constraints are required by law. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Cupboard Cookbook has the right but not the obligation to monitor and edit all Content provided by users. In addition, All downloadable content on Cupboard Cookbook is released free of copyrights under Creative Commons CC0. You may distribute, modify, transmit, reuse, download, repost, copy, or use said ‘downloadable’ Content royalty free, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You consent that even though We take measures to prevent it from happening, Cupboard Cookbook will not be held responsible for the misuse or abuse of any image, video, recipe, or Content. In addition, you acknowledge that Cupboard Cookbook does not allow the upload of Images, videos, and recipes that infringe upon any copyright, property right, trademark or any other applicable right.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, appropriate, and current at all times. Inaccurate, inappropriate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Since the content of this website is legally suitable for people, parties, and entities of all ages, users of all ages must abide by these terms of service when using Cupboard Cookbook.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Cupboard Cookbook and its licensors. The Service is guarded by copyright, trademark, and alternative laws of both foreign countries and the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cupboard Cookbook.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Cupboard Cookbook.
Cupboard Cookbook has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Cupboard Cookbook 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 content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should persist to exist after termination shall withstand termination, involving, without restriction, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Cupboard Cookbook and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach/violation of the stated Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Cupboard Cookbook, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Cupboard Cookbook its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What inaugurates a material amendment will be determined at our lone discretion.
By resuming to access or utilize our Service following any revisions become operative, you agree to be fettered by the revised terms. As the user, if you do not accept the new terms, you are no longer permitted to use the Service.
Please contact us if you have any questions about these Terms.