Last Updated – Feb 1, 2016
Cucmbertown, Inc., a Delaware corporation owned by Cookpad Inc. (“Cucumbertown”, “we”, “us” or “our”) allows you, via the Cucumbertown website currently available at http://www.cucumbertown.com, any other websites under Cucumbertown’s subdomain, or other domain of your choice configured and hosted by us (the “Website”), to participate in a food blogging platform allowing anyone to publish content and create devoted followings (the “Cucumbertown Service”).
These Terms of Service provide that all disputes between you and Cucumbertown will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Cucumbertown.
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 thirteen (13) is a violation of these Terms of Service. If you are under the age of eighteen (18), you represent that you have the consent of a parent, or legal guardian to use or access the Cucumbertown Service.
We may, in our sole discretion, modify these Terms of Service with prior notice to you. The “Last Updated” date at the top these Terms of Service will indicate when the latest modifications were made. In the event that a change to these Terms of Service materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Website or Cucumbertown Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms of Service materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms of Service. If we require your acceptance of the changed Terms of Service, changes are effective only after your acceptance. If you do not accept the changed Terms of Service, we may terminate your access to and use of the Website or Cucumbertown Service. All other changes are effective upon publication of the changed Terms of Service. Disputes arising under these Terms of Service will be resolved in accordance with these Terms of Service in effect that the time the dispute arose.
Certain features of the Website and Cucumbertown Service may permit users to post content, including blog posts, messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “Blogger Generated Content”) and to publish Blogger Generated Content on the Website and/or Cucumbertown Service. You retain copyright and any other proprietary rights that you may hold in the Blogger Generated Content that you post to the Website or Cucumbertown Service.
By posting or publishing Blogger Generated Content, you grant Cucumbertown a worldwide, non-exclusive, revocable, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Blogger Generated Content, in whole or in part, solely in connection with providing the Cucumbertown Service. Any such use of your Blogger Generated Content by Cucumbertown may be without any compensation paid to you.
Cucumbertown will not use your Blogger Generated Content for any commercial purpose outside of the Cucumbertown Service unless we obtain your prior consent. We will not sell or otherwise make use of your Blogger Generated Content except as you expressly agree (whether under these Terms or in subsequent communcations).
By posting and sharing Blogger Generated Content with another user of the Website and/or Cucumbertown Service, you hereby grant that user a non-exclusive license to access and use such Blogger Generated Content as permitted by these Terms of Service and the functionality of the Website and/or Cucumbertown Service.
You are solely responsible for your Blogger Generated Content and the consequences of posting or publishing Blogger Generated Content. By posting and publishing Blogger Generated Content, you affirm, represent, and warrant that:
You may choose to remove any Blogger Generated Content, including your recipe posted on the Cucumbertown Service at any time. We are under no obligation to edit or control Blogger Generated Content that you or other users post or publish, and will not be in any way responsible or liable for Blogger Generated Content. Cucumbertown may, however, at any time and without prior notice, screen, remove, edit, or block any Blogger Generated Content that in our sole judgment violates these Terms of Service or is otherwise objectionable. You understand that when using the Website and/or Cucumbertown Service you will be exposed to Blogger Generated Content from a variety of sources and acknowledge that Blogger Generated Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cucumbertown with respect to Blogger Generated Content. We expressly disclaim any and all liability in connection with Blogger Generated Content. If notified by a user or content owner that Blogger Generated Content allegedly does not conform to these Terms of Service, we may investigate the allegation and determine in our sole discretion whether to remove the Blogger Generated Content, which we reserve the right to do at any time and without notice. For clarity, Cucumbertown does not permit copyright-infringing activities on the Website or Cucumbertown Service.
You acknowledge that, with the exception of your Blogger Generated Content, 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 gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Cucumbertown Service in accordance with these Terms of Services. For example, 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. Your use of the Website and the Cucumbertown Service is solely and exclusively under the limited license granted herein. Any use of the Cucumbertown Service or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited.
Cucumbertown retains the right to rescind and terminate the limited license granted herein 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.
For the avoidance of doubt, 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 no license or right is granted to you. Your access to the Website and use of the Cucumbertown Services shall not be construed as granting any license or right to use any Marks without the prior written authorization of Cucumbertown and/or its licensors.
Links at the Website or via the Cucumbertown Service to third party websites are provided only as a convenience to you. Cucumbertown does not control or endorse any such third party websites. You agree that Cucumbertown, its parent company, subsidiaries, and other affiliated companies and each of their respective officers, directors, employees and other representatives (hereinafter collectively, the “Cucumbertown Parties”), 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.
When you create an account on the Cucumbertown Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Cucumbertown Service; (b) maintain and promptly update such information to keep it true, accurate, current and complete; and (c) maintain the confidentiality of the password and account. 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 Cucumbertown Service by you.
Further, you 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 use the Website and Cucumbertown Service only for lawful purposes and that you are responsible for your use of and communications and Blogger Generated Content you post via the Cucumbertown Service.
We have established a few ground rules for you to follow when using our Website, to make sure the Cucumbertown Service stays enjoyable for everyone. You must follow these rules and ensure that all persons who access our website through your internet connection comply with these rules and other conditions of Terms of Service.
You agree not to:
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. Following termination, Cucumbertown will use its commercially reasonable efforts to remove your Blogger Generated Content from the Cucumbertown Service within a reasonable amount of time.
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.
We do not guarantee that Cucumbertown Service or any Materials on Website, will always be available or be uninterrupted. Occasionally, access to our Website may be limited on a temporary basis. We may suspend, withdraw, or discontinue at any time, with or without notice to you all or any part of Cucumbertown Service. In the event we decided to withdraw and discontinue our provision of the Cucumbertown Service, we will give you prior notice and reasonably assist you with exporting your Blogger Generated Content (if requested by you). We will not be liable to you if for any reason our Cucumbertown Service is unavailable at any time or for any period.
We may also suspend or cancel your access to or right to use the Cucumbertown Service where we are withdrawing them upon written notice to you.
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, 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 US$50.
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 Blogger Generated Content 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.
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. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cucumbertown agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). 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:
The foregoing information may be emailed to firstname.lastname@example.org or mailed to our Copyright Agent at the following address:
Copyright Agent – Cucumbertown, Inc.
1979 Edgewood Drive, Palo Alto, CA, 94303
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.
Cucumbertown will promptly terminate without notice the accounts of users that are determined by Cucumbertown to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Blogger Generated Content removed from the Website or Cucumbertown Service more than twice.
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.
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).
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@example.com.