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Terms and Conditions (as at 01 July 2009)
Mycookbooksonline.com / mycookbooksonline.com.au (the 'Site') is a web site service operated by mycookbooksonline that provides recipe search service and is designed to identify the quantities of ingredients needed for those who have the listed recipe book. The Site is not a substitute for the book itself nor is the Site intended to be. It will give you no guidance on how to cook the ingredients purchased. The Site will not provide you with recipe instructions. You can submit reviews and ratings on recipes and take advantage of special offers and other useful information appearing from time to time. It is imperative that you read, understand and agree to the Terms and Conditions from time to time in force before using our services and this Site. By using any feature of our Site or by registering, you agree to be legally bound by the Terms and Conditions from time to time in force.
Limitation of Liability and Disclaimer of Warranties
1. We exclude all representations, warranties and conditions of any kind whether express, implied, statutory or otherwise, relating to the Site or your use of the Site, information, contents or materials; and we exclude liability including negligence to you or anyone else in respect of any loss or damage, (including special, direct, indirect, punitive, consequential loss or damage such as loss of revenue, loss of reputation, unavailability of systems, inaccuracy of data or loss of data and other matters to that effect) arising from or in connection with any use of the information on or access through the Site for any reason whatsoever, even if Mycookbooksonline has been advised of the possibility of such damages.
2. We disclaim any and all liability for the acts, omissions, and conduct of any third-party users, Mycookbookonline users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site.
3. You agree that your use of the Site is at your own risk.
Intellectual Property
4. We have propriety rights and copyrights over all the contents, which include that of reviews, the Rating System, icons, materials, concepts, data, graphics, logos, page headers, button icons, scripts, and service names and other marks and information indicated on our Site.
5. The Site's trademarks shall not be used in any manner that may cause confusion, discredit, disrepute, or disparage the Site. You agree not to use the Site's trademarks in connection of any products or services that do not belong to the Site.
6. Your use of the Site does not confer on you a license or any other rights with respect to the trademarks, service marks, copyright, or other intellectual property or proprietary rights in or on the Site.
7. You shall not download (other than temporary copy in your computer's cache or printing or emailing of the Shopping List), reproduce, publish, use, print, exploit, duplicate, use, copy, modify and make adaptations or adaptations of, any of the content on the Site in any manner except with explicit written consent from us.
8. You shall not resell or use any contents on the Site for commercial use. This includes (but is not limited to) the resale or use of any cookbook’s data, reviews, comments, ratings, recipe data, descriptions, users' names, users' account information, It also includes any derivative use of the Site or its contents, downloading or the copying of user's information by any means whether manual, use of data mining software or data gathering tools.
9. You shall not use any meta-tags or any other hidden text using the Site's name(s) without explicit written consent from us. You are granted a limited, revocable and non exclusive right to generate hyperlinks to the Site provided that it is not used to show the Site or its' services in a false, erroneous, misleading, derogatory, disparaging or offensive manner.
10. You shall not use the Site's logo or other graphic as the link or part of the link without explicit consent from us.
11. You are permitted to print copies from the Site for the purpose of private use only.
Reviews, Rating, Communications and Other Contents
12. Subject to clause 13 below, you may post reviews, comments, rating, submit information, suggestions, ideas, comments, and questions save for content and material which is unlawful, libellous, illegal, infringing of intellectual property rights, obscene, containing foul language, profane, threatening, misrepresentative, inaccurate, dishonest, invasive of privacy, injurious to third parties, contain software viruses, political agenda, chain letters, mass mailings, or any form of 'spam' or 'junk mails'.
13. We reserve the right, but not the obligation, in our sole discretion to refuse to post or to remove any review.
14. If you choose to contribute to this Site, you will be responsible for anything that is published, posted or submitted by you. We do not approve of or condone any statements, opinions, ratings, reviews, materials or contents that you publish.
15. You are fully responsible for the rating, review, comment or information that you submit, publish, or post on the Site.
16. Upon you submitting or posting your content or materials, you grant the Site and its affiliates a royalty-free, perpetual, irrevocable and full right to use, reproduce, modify, adapt, publish, translate and create derivatives works from, distribute and display such content worldwide by whatsoever means.
17. Upon you submitting or posting your content or materials, you grant the Site and its affiliates the right to use the name that you submit with regards to such content and materials.
18. No party has the right to order the withdrawal of publication, submission, posting of any materials, contents, information on the Site except us
19. We do not warrant or guarantee that the contents, materials or special offers, of the Site are accurate, reliable, complete, error-free, up-to-date, or virus-free.
20. Should any entities or individuals suffer loss, damages, loss of reputation, loss of earnings or potential earnings, loss of profits, incidental and consequential damage, loss of goodwill resulting from the content or materials on the Site, inability to use the Site, we will undertake no responsibility and assume no liability in respect of such content or materials posted by us, our users or any third party.
21. You agree to indemnify and hold Mycookbooksonline, its affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand (including its legal fees on an indemnity basis), made by any third party due to or arising out of your use of the Site, or resulting from the content or materials that you supply.
Your E-mail, User Name, Password, Account
22. You shall not use a false e-mail address, and impersonate any person or entity.
23. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Links to Third Parties Sites
24. The Site may provide links to other sites of affiliated companies or other businesses. The provision of such links does not constitute any endorsement by us of those third parties products or services. The links are merely provided for your convenience to search for other related products or services.
25. Upon leaving the Site, we accept no responsibility, obligation, liability and do not warrant any products, services, materials or contents on any website that you have entered into via our Site.
Consent to Forward Your Personal Details
26. We will not forward your personal details to any of our affiliates or other companies unless you provide your consent by checking an option informing us that you wish to receive other offers from companies other than us. This is defaulted to checked when you register.
27. If you consent to receiving information from companies other than us, we would forward your personal details to selected companies that we think will be of interest to you.
28. You may request us to unsubscribe your name from the Site's marketing database at any time.
Change of Policies, Terms & Conditions
29. We reserve the right to make changes to the Site, policies and terms and condition at any time. You agree to be bound by those changes.
Law and Jurisdiction
30. The law of New South Wales, Australia shall apply to these Terms and Conditions. The courts of New South Wales, Australia shall have exclusive jurisdiction.
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