Last Updated – September 25, 2012
Cucumbertown allows its users, via the Cucumbertown website (http://cucumbertown.com) (the "Website"), to participate in a simple recipe blogging platform allowing amateur cooks to develop devoted followings (collectively, the "Cucumbertown Service"). The Cucumbertown Service is owned and operated by Cucmbertown, Inc., a Delaware corporation ("Cucumbertown", "we" or "us").
Your use of the Website and the Cucumbertown Service is subject to the terms and conditions set forth in THESE Terms of Service (the "Terms of Service").
The Cucumbertown Service is meant for those at least thirteen (13) years of age. Use of the Cucumbertown Service by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent, or legal guardian to use or access the Cucumbertown Service.
1. Updates to Terms of Service; Integration.
We may, in our sole discretion, modify the Terms of Service with or without notice to you. The "Last Updated" date at the top the Terms of Service will indicate when the latest modifications were made. By continuing to access and use the Website or the Cucumbertown Service after the Terms of Service are modified, you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the Website and/or the Cucumbertown Service.
3. Intellectual Property.
You acknowledge that all materials at the Website and the Cucumbertown Service, including the Website's and the Cucumbertown Service's design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Cucumbertown and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Cucumbertown authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Cucumbertown or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website and/or the Cucumbertown Service are the sole property of Cucumbertown and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Cucumbertown and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Cucumbertown and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Cucumbertown. Cucumbertown reserves the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, (i) an author who publishes a recipe hereby grants Cucumbertown a fully-paid, worldwide, revocable license to display and publish such recipe and any other Materials provided by such author, and (ii) your use of the Website and the Cucumbertown Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Agreement or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Cucumbertown Service are either the property of Cucumbertown or its affiliates or licensors. Cucumbertown retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Cucumbertown without the taking of action on the part of either party. All rights not expressly granted herein by Cucumbertown to you are fully reserved by Cucumbertown, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Website and the Cucumbertown Service may not be owned by Cucumbertown, Inc., and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Cucumbertown, Inc., the Cucumbertown Service, our products and services, or the Website.
4. Third Party Sites.
Links at the Website or via the Cucumbertown Service to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website and potentially the Cucumbertown Service. Cucumbertown does not control or endorse any such third party websites. You agree that the Cucumbertown Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website or the Cucumbertown Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Cucumbertown expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
5. Use of the Cucumbertown Service.
You may be required to establish an account at this Website (or via mobile application) in order to take advantage of certain features of this Website or the Cucumbertown Service. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website or the Cucumbertown Service; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Cucumbertown has reasonable grounds to suspect that such information is false, inaccurate or outdated, Cucumbertown has the right to suspend or terminate your account and prohibit any and all current or future use of the Website and Cucumbertown Service (or any portion thereof) by you.
You may be prompted to create a username and password to use certain features of the Website or participate in the Cucumbertown Service. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member's account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Cucumbertown of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website or via the Cucumbertown Service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Cucumbertown. The Cucumbertown Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website and Cucumbertown Service only for lawful purposes and that you are responsible for your use of and communications and content you post via the Cucumbertown Service. You agree not to post on or transmit through this Website or the Cucumbertown Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website or Cucumbertown Service in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website or the Cucumbertown Service.
You may not do any of the following while accessing or using the Cucumbertown Service: (i) access, tamper with, or use non-public areas of the Cucumbertown Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Cucumbertown Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Cucumbertown Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Cucumbertown Service.
You further agree that you will not access this Website or the Cucumbertown Service by any means except through the interface provided by Cucumbertown for access to the Website and the Cucumbertown Service. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Cucumbertown is prohibited. Running or displaying this Website, the Cucumbertown Service, or any information or material displayed at the Website in frames or through similar means on another website or application without the prior authorization of Cucumbertown is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
Cucumbertown makes no representation that Materials contained at the Website or products or services described or offered at the Website or the Cucumbertown Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Website or the Cucumbertown Service and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website or the Cucumbertown Service from any territory where its contents are illegal, and that you, and not the Cucumbertown Parties, are responsible for compliance with applicable local laws.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Cucumbertown Service, including any recipe, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the Cucumbertown Service. You may choose to remove any recipe you provide to the Cucumbertown Service at any time. We reserve the right to remove any recipe or other objectional Content in our sole discretion.
For purposes of these Terms of Service, the term "Content" includes, without limitation, any recipes, location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or through the Cucumbertown Service.
You agree that Cucumbertown may terminate or suspend your access to all or part of this Website or the Cucumbertown Service, without notice, for any conduct that Cucumbertown, in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user or the Cucumbertown Parties.
Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Content," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" and "Use of the Cucumbertown Service" sections of these Terms of Service.
Cucumbertown reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Cucumbertown Service (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that Cucumbertown Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the Cucumbertown Service.
You expressly represent, warrant, or acknowledge that:
- Cucumbertown does not warrant or guarantee the suitability of any Material or Content, including without limitation any recipe, found through the Cucumbertown Service or user of Cucumbertown.
- Cucumbertown does not test any recipe and does not validate the accuracy of any recipe.
- Cucumbertown makes no representations or promises regarding any Material or Content, including without limitation the recipes.
- Any information, materials, or content on the Website or the Cucumbertown Service, including any Facebook or Twitter Page, are for informational purposes only.
- You assume all risk when using the Website or the Cucumbertown Service, including all of the risks associated with any online or offline interactions with other users.
9. Warranties, Disclaimers and Limitations of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND THE CUCUMBERTOWN SERVICE IS AT YOUR SOLE RISK. THE WEBSITE, THE CUCUMBERTOWN SERVICE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, CUCUMBERTOWN, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "CUCUMBERTOWN PARTIES"), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CUCUMBERTOWN PARTIES MAKE NO WARRANTY THAT: (I) THE WEBSITE OR CUCUMBERTOWN SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE AND CUCUMBERTOWN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL, INCLUDING ALL RECIPES, OBTAINED BY YOU THROUGH THE WEBSITE OR CUCUMBERTOWN SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE OR CUCUMBERTOWN SERVICE WILL BE CORRECTED.
THE CUCUMBERTOWN PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR CUCUMBERTOWN SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (V) FOR ANY DISPUTES BETWEEN USERS; OR (VI) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE, THE CUCUMBERTOWN SERVICE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUCUMBERTOWN AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE AND THE CUCUMBERTOWN SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE CUCUMBERTOWN PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM CUCUMBERTOWN VIA THIS WEBSITE OR THE CUCUMBERTOWN SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Cucumbertown Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website or Cucumbertown Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website or the Cucumbertown Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Website or the Cucumbertown Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
11. Applicable Law and Jurisdiction.
Your use of the Website and the Cucumbertown Service is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, CA. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Website, the Cucumbertown Service, or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Cucumbertown. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Cucumbertown may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, CA necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
12. Procedure for Notifying the Company of Copyright Infringement.
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Information describing where the allegedly infringing material is located on the Website.
- Your address, telephone number, and email address.
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
The foregoing information may be emailed to [email protected] or mailed to our Copyright Agent at the following address:
Copyright Agent – Cucumbertown, Inc.
510 N. 25th Street
Reading, PA 19606
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
13. Notice of Availability of Filtering Software.
Pursuant to the Communications Decency Act, you are hereby informed by Cucumbertown that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.
14. U.S. Export Controls.
The Website and Cucumbertown Service are subject to United States export controls. No part of the Website or the Cucumbertown Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service constitute the entire and only Terms of Service between Cucumbertown and each user of the Website or the Cucumbertown Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Cucumbertown Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
No action arising out of this Terms of Service or your use of the Cucumbertown Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
16. Customer Service.
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at [email protected].