The following terms and conditions govern all use of the RecipeCloudApp.com website and Recipe Cloud App mobile applications (“Services”). The Services are owned and operated by Recipe Cloud LLC (“Recipe Cloud”). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Recipe Cloud's Privacy Policy), End User License Agreement that is available to you through your download of the Recipe Cloud App mobile applications and procedures that may be published from time to time on this Site by Recipe Cloud (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the products. By accessing or using any part of the products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the products or use any services. If these terms and conditions are considered an offer by Recipe Cloud, acceptance is expressly limited to these terms.
1. Your Recipe Cloud App Account
If you create a Recipe Cloud App account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Recipe Cloud of any unauthorized uses of your account or any other breaches of security. Recipe Cloud will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you operate an account, you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
By submitting Content to Recipe Cloud for inclusion on your account, you grant Recipe Cloud a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Recipe Cloud will use reasonable efforts to remove it from the account, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Recipe Cloud has the right (though not the obligation) to, in Recipe Cloud's sole discretion (i) refuse or remove any content that, in Recipe Cloud's reasonable opinion, violates any Recipe Cloud policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Recipe Cloud's sole discretion. Recipe Cloud will have no obligation to provide a refund of any amounts previously paid.
4. Responsibility of users of the Products
Recipe Cloud has not reviewed, and cannot review, all of the material, made available through the Products, and cannot therefore be responsible for that material’s content, use or effects. By operating the Products, Recipe Cloud does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Products may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Products may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Recipe Cloud disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the Products.
5. Content Posted on Other Websites
Recipe Cloud has not reviewed, and cannot review, all of the material, made available through the websites and webpages to which the Products links, and that link to the Products. Recipe Cloud does not have any control over those non-Recipe Cloud App websites and webpages, and is not responsible for their contents or their use. By linking to a non-Recipe Cloud App website or webpage, Recipe Cloud does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Recipe Cloud disclaims any responsibility for any harm resulting from your use of non-Recipe Cloud App websites and webpages.
6. Copyright Infringement and DMCA Policy
As Recipe Cloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Products violates your copyright, you are encouraged to notify Recipe Cloud. Recipe Cloud will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Recipe Cloud will terminate a visitor’s access to and use of the Products if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights. In the case of such termination, Recipe Cloud will have no obligation to provide a refund of any amounts previously paid to Recipe Cloud.
Recipe Cloud complies with the provisions of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512, as amended). To dispute any material posted on the Service, contact the Designated Agent at the following address:
Recipe Cloud LLC, 776 NE Holland St., Portland, OR 97211
E-mail: legal [at] recipecloudapp [dot] com
7. Intellectual Property
This Agreement does not transfer from Recipe Cloud to you, any of Recipe Cloud’s or third-parties intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with its owner. Recipe Cloud, RecipeCloudApp.com, and the Recipe Cloud App mobile applications, the Recipe Cloud App logo, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Recipe Cloud or Recipe Cloud's licensors. Other trademarks, service marks, graphics and logos used in connection with the Products may be the trademarks of other third parties. Your use of the Products grants you no right or license to reproduce or otherwise use any of Recipe Cloud’s or third-parties trademarks.
8. Advertisements
Recipe Cloud reserves the right to display advertisements on the Products.
9. Third-Party Services
Our Services may include links to and integrations with third-party services such as Instacart. By using these services, you agree to be bound by the terms and conditions of the respective third parties. Specifically, if you engage with Instacart through our Services, the Instacart Tastemakers Affiliate Marketing Program Terms of Service will apply to your interactions with Instacart. Recipe Cloud is not responsible for the terms, policies, or practices of Instacart or any other third-party services.
10. Changes
Recipe Cloud reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Products following the posting of any changes to this Agreement constitutes acceptance of those changes. Recipe Cloud may also, in the future, offer new services and/or features through the Products (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
11. Termination
Recipe Cloud may terminate your access to all or any part of the Products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Recipe Cloud App account (if you have one), you may simply discontinue using the Products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Products are provided “as is”. Recipe Cloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Recipe Cloud nor its suppliers and licensors, makes any warranty that the Products will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Products at your own discretion and risk.
13. Limitation of Liability
In no event will Recipe Cloud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Recipe Cloud under this agreement during the twelve (12) month period prior to the cause of action. Recipe Cloud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You represent and warrant that (i) your use of the Products will be in strict accordance with the Recipe Cloud Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Products will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification
You agree to indemnify and hold harmless Recipe Cloud, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Products, including but not limited to your violation of this Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between Recipe Cloud and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Recipe Cloud, or by the posting by Recipe Cloud of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Products will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Any arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Recipe Cloud may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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