Cookbook Recipe Database Terms of Service Agreement

January 25, 2009

Welcome to the Cookbook Recipe Database. Cookbook Recipe Database is owned and operated by Cookbook Recipe Database, LLC and these are the Terms on which you are offered access to the site.

Introduction

Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. “You” in this agreement includes any user of the website in all capacities.

Terms

You agree to provide us with your valid, current email address and zip code at the time of registration and from time to time as your information changes. You agree to the use of your personally identifiable information in accordance with our Privacy Policy. You may not collect or harvest any personally identifiable information from cbrdb.com or cookbookrecipedatabase.com.

Upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.

You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs. You must not hack cbrdb.com or cookbookrecipedatabase.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You may link the home page of cbrdb.com or cookbookrecipedatabase.com to any website you own or control provided it is not commercially competitive with cbrdb.com or cookbookrecipedatabase.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with cbrdb.com or cookbookrecipedatabase.com. You understand and agree that you download or otherwise obtain material or data through the use of cbrdb.com or cookbookrecipedatabase.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of date that results from the download of such material or data.

You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of the Cookbook Recipe Database or any other third party, except with the prior written consent of Cookbook Recipe Database, LLC or the appropriate third party. In some instances cbrdb.com or cookbookrecipedatabase.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.

You have the ability to add content to cbrdb.com or cookbookrecipedatabase.com. We do not guarantee the accuracy, integrity or quality of the content you provide and do not have any obligation to monitor this. You agree that you, and not Cookbook Recipe Database, its affiliates or licensers, are solely responsible and liable for any submissions you upload, post, email, transmit or otherwise make available to cbrdb.com or cookbookrecipedatabase.com; including any loss or damage to Cookbook Recipe Database, LLC or others who may suffer as a result of or in connection with any such submission to cbrdb.com or cookbookrecipedatabase.com. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner. You represent, warrant and covenant that you own or otherwise control all rights to any content you submit to cbrdb.com or cookbookrecipedatabase.com or Cookbook Recipe Database, LLC, and have all rights, power and authority required to provide such content to cbrdb.com or cookbookrecipedatabase.com and to assign your rights in the submission to Cookbook Recipe Database, LLC. Any and all such submissions by you are and will be true, current and accurate. No use of your submissions will violate or infringe any rights of, or cause any injury to, any person or entity.

You may not harass any user or post any obscene, pornographic content.

By submitting any content to cbrdb.com or cookbookrecipedatabase.com or Cookbook Recipe Database, LLC, you simultaneously and automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit the submitted content as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the submitted content. You additionally grant other users permission to access your submitted content for personal, non-commercial use as permitted by the functionality of the website and these Terms of Service.

In accessing cbrdb.com or cookbookrecipedatabase.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of cbrdb.com or cookbookrecipedatabase.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.

You agree to immediately notify Cookbook Recipe Database, LLC of any unauthorized or improper use of cbrdb.com or cookbookrecipedatabase.com or any other known or suspected breach of security. You agree to fully cooperate with Cookbook Recipe Database, LLC to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of cbrdb.com or cookbookrecipedatabase.com means that you accept and agree to all changes.

We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of cbrdb.com or cookbookrecipedatabase.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.

Cookbook Recipe Database, LLC does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to cbrdb.com or cookbookrecipedatabase.com.

Cookbook Recipe Database, LLC will not be required to treat any submissions to cbrdb.com or cookbookrecipedatabase.com as confidential and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing or other use or commercial exploitation, of any ideas or other content submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any submission, in whole or in part. We are free to use any ideas, concepts, know-how or techniques contained in any submitted content without any remuneration or obligation to you.

We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.

We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of cbrdb.com or cookbookrecipedatabase.com.

We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. Cookbook Recipe Database, LLC 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 the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.

Our site is provided to you “as is” and on an “as available” basis. You may not rely on any information and opinions expressed on cbrdb.com or cookbookrecipedatabase.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, completeness or usefulness of any content on cbrdb.com or cookbookrecipedatabase.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.

We do not endorse or warrant any health-related statements found on cbrdb.com or cookbookrecipedatabase.com or any third party websites accessed through cbrdb.com or cookbookrecipedatabase.com. In no event shall Cookbook Recipe Database, LLC be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cookbook Recipe Database, LLC has been advised of the possibility of such damages), arising out of or in connection with cbrdb.com or cookbookrecipedatabase.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Intellectual Property and Proprietary Rights

You acknowledge that cbrdb.com or cookbookrecipedatabase.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by Cookbook Recipe Database, its affiliates and other parties that have licensed their material to Cookbook Recipe Database. Any use or display of cbrdb.com or cookbookrecipedatabase.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in Cookbook Recipe Database, cbrdb.com or cookbookrecipedatabase.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.

Cookbook Recipe Database respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. 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 contact us at info@cbrdb.com. We will promptly respond to any claims of copyright infringement.

Applicable Law

This agreement and the relationship between you and Cookbook Recipe Database, LLC shall be governed by the laws of the State of California without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. By accessing cbrdb.com or cookbookrecipedatabase.com and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California and be bound by the rulings of the courts located within the State of California. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that Cookbook Recipe Database, LLC shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to Cookbook Recipe Database, LLC without requirement that it post any bond or prove any actual damages.

You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by cbrdb.com or cookbookrecipedatabase.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through cbrdb.com or cookbookrecipedatabase.com. Any access or use of any information or content available on cbrdb.com or cookbookrecipedatabase.com, including, but not limited to, reviews, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of Cookbook Recipe Database, LLC.

TRADEMARKS

“Cookbook Recipe Database”, “cookbookrecipedatabse.com”, and “cbrdb.com” are all trademarks or service marks of Cookbook Recipe Database, LLC. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of cookbookrecipedatabse.com and its affiliates used on the cookbookrecipedatabse.com site may not be used without prior written consent of Cookbook Recipe Database, LLC or its affiliate, as the case may be. Without limiting the foregoing, no cookbookrecipedatabse.com trademark or trade dress may be used in connection with any product or service that is not cookbookrecipedatabse.com’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits cookbookrecipedatabse.com. All other trademarks not owned by cookbookrecipedatabse.com or its affiliates that appear on this site are the property of their respective owners.