Terms and Conditions

Last revised June 22nd 2014

 

1. Registration

NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This Web site (the “Site“) is provided by Heritage Cookbook, Inc. /Ring Anderson Inc. (“Heritage“) for the use of individuals to share and record recipes with other individuals and create and print cookbooks (the “Services”) subject to these terms and conditions of use as amended from time to time (the “Terms“). By using this Site, you are deemed to have agreed to these Terms. You acknowledge that you have read the Terms and agree to be bound by them. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE.

We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation.  If we do this, we will post the changes to these Terms on the Site and will indicate at the top of this page the date these Terms were last revised. Your continued access to and/or use of the Site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms, as revised.  It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

1. Registration

Certain features and/or portions of this Site may be password-protected and may require you to complete a registration process in order to obtain access.  When registering to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide or update such information, or if we suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Site, or any features or portions of the Site.

You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password confidential and secure.  In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at [Contact]. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.

2. Making Purchases on the Site.

You may only make purchases through the Site if you are over the age of legal majority in the state/province/territory where you reside.  Unless otherwise indicated, all dollar amounts on the Site are in American Dollars. We reserve the right to change the prices offered on the Site at anytime.

By completing a purchase transaction (“Order”) through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling fees specified in relation to your Order, either by credit card or other permitted payment method. Payments are processed by our trusted third party service provider. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will be cancelled and will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

In order to complete an Order, you may be required to provide certain additional information that is required to process your Order.  For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment.

You will be responsible for all applicable taxes related to your Order.  Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging charges. Taxes may depend on delivery location.

The estimated delivery time will be specified in your Order. Purchases will only be shipped to a valid mailing address recognized by the third party shipping company. We may not be able to ship to all parts of the world. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address).

Without limiting the generality of these Terms, we reserve the right to limit or refuse any Order.  Further, we reserve the right to verify the validity of all Orders and cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we choose not to ship an item, you will be notified accordingly and any amount charged in relation to your Order will be refunded.

3. User Conduct

Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created. The Site and the ability to contribute material (a “Contribution“) on this Site are provided to you solely for your information and enjoyment.

Without limiting the foregoing, when you make a Contribution or otherwise use the Services, you agree not to use the Site or Services to upload, post, copy, reproduce, distribute or otherwise transmit any online information, including but not limited to any Contribution including text, logos or trademarks (the “Content“) in any way or to submit any material that:

1. may, in the sole and absolute discretion of Heritage, degrade, tarnish or deprecate Heritage and/or the public image or standing in the community of Heritage;
2. is deemed, in the sole and absolute discretion of Heritage, to be defamatory, trade libelous, pornographic or obscene;
3. is deemed, in the sole and absolute discretion of Heritage, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of Heritage; any identifiable third party products, trade-marks, brands and/or logos, other than those of Heritage; conduct or other activities in violation of these Terms; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Heritage in its sole and absolute discretion;
4. contains any personal information, reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
5. is in any way disparaging, or might be seen to be disparaging, to Heritage;
6. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
7. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials; or
9. that will intentionally or unintentionally violate any applicable local, state, provincial/territorial, national or international law.

You acknowledge and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content and that you may not rely on any such Content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.

4. Unsolicited Materials
In operating the Site, Heritage does not solicit nor does it wish to receive any confidential, secret or proprietary information. Any information or material submitted or sent to Heritage will be deemed not to be confidential or secret. By submitting or sending a Contribution, Content or other material to Heritage you represent and warrant that it is original and that no other party has any rights to it. You are solely responsible for any Contribution or Content that you post on the Site.

5. User’s Grant of Limited License
By communicating with Heritage, including submitting or sending a Contribution, Content, or other information, you grant to Heritage the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate, create compilations and derivative works from to reproduce and otherwise use such Contribution or Content for the purpose of rendering the Services for which you have subscribed or for the purposes, where you have granted Heritage permission, of sharing a Contribution or Content with the public via social media. You hereby waive all moral rights in and to all Contributions or Content that you post on, upload or otherwise submit to or through, the Site in favour of Heritage.

Heritage may contact you from time to time to request permission to include your Contribution and/or Content in cookbooks or use it in manners other than providing the Services or sharing a Contribution or Content with the public via social media, including for other commercial, charitable purposes, in which case you agree that such permission will not be unreasonably withheld or delayed. You agree to allow copies of your cookbook to be shown for promotional purposes.

6. Linked Sites
You may be able to link to third parties’ web sites (“Linked Sites“) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Heritage and Heritage is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Permission must be granted by us for any type of link to HeritageCookbook.com. To seek our permission please write to virginie@heritagecookbook.com.

7. Intellectual Property Rights
HERITAGE GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Heritage owns or licenses all rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Heritage reserves all other rights not expressly granted herein.

You agree that Heritage shall have the right to use copies of cookbooks generated by the Site for promotional, academic, archival or cultural purposes, provided that Heritage may not sell or otherwise commercially distribute copies of your cookbook without your prior written agreement. For clarity, and subject to the license you provide in section 5, nothing in these Terms grants Heritage ownership of your Contributions or Content. However, Heritage owns all the right, title, and interest, including all copyright, in its unique presentation and formatting of your Contribution and Content, and any electronic copies thereof, including, without limitation, the PDF files generated by the Site (“Site Output”). You hereby waive all moral rights you may have in and to all Site Output in favour of Heritage.   The Site, the Services, and the Site Output  are the exclusive property of Heritage and may not be reproduced, published or otherwise exploited without the prior written consent of Heritage. 

8. Disclaimer Of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF HERITAGE. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT HERITAGE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HERITAGE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

9. Limitation Of Liability

You acknowledge that Heritage is not responsible for material submitted to it or posted to the Site. Heritage may, in its sole discretion, refuse or remove any Contribution or Content in whole or in part that in its judgment is objectionable. You will remain responsible for the accuracy, copyright compliance, legality or any other aspect of a Contribution or any Content.

IN NO EVENT WILL HERITAGE, ITS OFFICERS, DIRETORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER, INCLUSIVE OF VIRUSES, OR FOR ANY OMMISSIONS, INACCURCIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnification
You agree to defend, indemnify and hold Heritage, its officers, directors, agents and employees (the “Releasees”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms. Heritage reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Heritage in asserting any available defense.

11. Parental Permission
We encourage parents to take an active interest in their children’s use of the Internet. We do not intend to collect information from children who are under 18 years of age. If you are under 18, please do not provide information on our Web site.

12. Notice of Infringing Contributions or Content

While we are under no legal obligation to actively screen or edit user Contributions or Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user Contributions or Content, or to request a user to modify or edit his or her user Contributions or Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Contributions or Content, or for any other reason.

To complain about user Contributions or Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: Virginie@heritagecookbook.com

13.  Accuracy and Changes

Facts and information provided by Heritage on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult Heritage for complete and up-to-date information on products and services.

14. Applicable Laws / Jurisdiction
Heritage is owned by Ring Anderson Inc, a company incorporated in Ontario, Canada.  You agree that the laws of the province of Ontario and the federal laws of Canada applicable therein, shall govern the Terms and Conditions, without respect to their principles of conflict of laws. Your use of the Site may be subject to other local, provincial/territorial, national, and international laws.

You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Toronto in the province of Ontario  in all disputes arising out of your use of the Site and any claim involving Heritage or its employees, contractors, officers, directors, telecommunication providers and content providers. Heritage makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.

15. Privacy. Without limiting the generality of these Terms, your use of the website is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms.  Please carefully review our Privacy Policy.  By using the website, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

16. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. Assignment
You shall not transfer or assign any of your rights or obligations under this Agreement. Heritage may transfer, assign or sublicense any of its rights and obligations under this agreement to a third party. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
If you have any questions about this policy or our site in general, please contact us at virginie@heritagecookbook.com