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Cookthink User Agreement

Revised June 18, 2008

This User Agreement ("Agreement") governs the use of Cookthink.com ("Cookthink"), including without limitation participation in its email newsletters, blogs, bulletin boards, forums, chats, and all other areas (except to the extent stated otherwise on a specific page).

Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.cookthink.com/reference/1996/User_Agreement. Your use of and/or registration on any part of Cookthink will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use Cookthink. These rules may be modified from time to time; the date of the most recent revisions will appear on this page. Continued use and/or access of Cookthink by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points on Cookthink, may result in suspension or termination of your access to Cookthink, without notice, in addition to any other actions Cookthink deems necessary.

Registration and Account Creation

1. REGISTRATION INFORMATION:

Cookthink may at times require that you register and/or set up an account to use certain portions of Cookthink or Cookthink as a whole. In order to do so, you may be provided, or required to choose, a password, user ID, and/or choose or provide other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.

2. USE OF USER ID/PASSWORD:

If you register and/or set up an account on/with Cookthink, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use Cookthink, and you are responsible for all use by you and those you allow to use Cookthink. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on/with/through Cookthink), you must promptly change the affected Registration Information and notify Cookthink of the problem by e-mailing us at account@cookthink.com.

3. FEES AND PAYMENTS:

Cookthink may at some point charge you fees for products or services offered for sale through Cookthink, and/or for access to portions of Cookthink or Cookthink as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through Cookthink by Cookthink or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Cookthink reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

If you submit your credit, debit or charge card information to Cookthink upon registration or otherwise, you give Cookthink permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Cookthink for any reason, Cookthink reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

Rules of Usage:

1. USE OF COOKTHINK BY YOU:

  • Unless otherwise specified, Cookthink is intended for your personal, noncommercial use only. You may not authorize others to use Cookthink, and you are responsible for all use of Cookthink by you and by those you allow to use, or provide access to, Cookthink.
  • Cookthink contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from Cookthink. You may download material from Cookthink and may use Cookthink for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
  • Cookthink is not intended for users under the age of 13, and Cookthink does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
  • You agree not to use any obscene, indecent, or offensive language or to place on Cookthink any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on Cookthink any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use Cookthink only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
  • You are responsible for ensuring that any material you provide to Cookthink or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
  • The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on Cookthink, including without limitation, the "look and feel" of the main site, the blog, the charts, the books and the email newsletter, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Cookthink or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
  • You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through Cookthink, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or Cookthink.
  • You agree not to disrupt, overwhelm, attack, modify or interfere with Cookthink or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with Cookthink.
  • Other than connecting to Cookthink's servers by http requests using a Web browser, you may not attempt to gain access to Cookthink's servers by any means -- including, without limitation, by using administrator passwords or by masquerading as an administrator while using Cookthink or otherwise.
  • You acknowledge that Cookthink has not reviewed and does not endorse the content of all sites linked to from Cookthink and is not responsible for the content or actions of any other sites linked to from Cookthink. Your linking to any service or site is at your sole risk.

2. COMMENTS BY OTHERS ARE NOT ENDORSED BY COOKTHINK:

Cookthink does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in Cookthink. Nor does Cookthink or its third party service providers make any warranties with respect to any of the merchandise featured, mentioned, or sold on or through Cookthink. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Cookthink or its third party service providers.

3. USE OF MATERIAL SUPPLIED BY YOU:

For information regarding use of personal information you supply or communicate to Cookthink, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through Cookthink, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of Cookthink will be available to all users of Cookthink, so you should be mindful of personal information and other content you may wish to post.

4. COPYRIGHT COMPLAINTS:

Cookthink respects the intellectual property of others, and we ask our users to do the same. Cookthink may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on Cookthink in a way that constitutes copyright infringement, or that Cookthink contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Cookthink by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cookthink to locate the material;
  • Information reasonably sufficient to permit Cookthink to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:
copyright@cookthink.com

Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.

For communications on other matters, please e-mail feedback@cookthink.com.

5. MATERIALS POSTED BY OTHERS:

You agree that Cookthink and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

6. INDEMNIFICATION:

You agree to indemnify Cookthink and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through Cookthink, or from your breach of this Agreement, or from any such acts through your use of Cookthink.

7. EDITING AND DELETIONS:

Cookthink reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on Cookthink or its bulletin boards, in its sole discretion, without notice.

8. ADDITIONAL RULES:

Cookthink reserves the right to post, from time to time, additional rules of usage that apply to specific parts of Cookthink. Such additional rules will be posted in the relevant parts of Cookthink, and will be clearly identified. Your continued use of Cookthink constitutes your agreement to comply with these additional rules.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING COOKTHINK AT YOUR OWN RISK. COOKTHINK IS PROVIDED "AS IS", AND COOKTHINK, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY COOKTHINK. COOKTHINK, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO COOKTHINK WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON COOKTHINK.

COOKTHINK, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS COOKTHINK, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM COOKTHINK, YOUR USE OF OR RELIANCE ON COOKTHINK OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON COOKTHINK, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE COOKTHINK, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

10. TERMINATION OF ACCESS TO THE SERVICE:

Cookthink has the right to terminate and/or suspend your ability to access the Cookthink or any portion thereof, for any or no reason, without notice.

11. JURISDICTION:

Cookthink makes no representation that materials on Cookthink are appropriate, available or legal in any particular location. Those who choose to access Cookthink do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the District of Columbia applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in the District of Columbia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

12. AUCTIONS:

We may at times offer auctions on Cookthink; should we do so, we will use third-party service provider(s) to administer the auctions. You must agree to such third party's user agreements, contracts and rules pertaining to the use of its service. Neither Cookthink nor its auction service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. We provide a venue to bring buyers and sellers together over the Internet. If you participate in the auctions feature of Cookthink, please note that Cookthink does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction services.

If you don't agree to the terms contained in this Agreement, please exit Cookthink. Please click the Back button on your browser to return to the previous page.